New York City Personal Injury Law Blog
NY Motorcycle Accident Kills Man, Injures Wife – Motorcycle Accident Compensation should be his Main Objective
Posted on May 23, 2014 in Motorcycle Accidents
On behalf of Rosenberg, Minc, Falkoff & Wolff, LLP
Suffolk County police said that a man died and his wife and passenger sustained serious injuries when the motorcycle they were riding hit a guardrail in New York. The accident occurred when James Burvenich, 36, was riding his 2004 Honda motorcycle at a high speed and lost control.
Burvenich and his wife LeeAnn, 33, were taken to Stony Brook University hospital where Burvenich was declared dead. Police are continuing to investigate the accident and have asked for any witnesses to the incident to step forward with information. Both Burvenich and his wife were wearing helmets at the time of the accident, according to police reports.
Automobile Accident Insurance
When automobile accidents lead to death and serious injuries, the injured and the family of the dead are entitled to financial compensation. The person responsible for the accident or their insurance company will generally be held liable for paying the compensation. The at-fault party is generally determined by the police after an investigation. However, those who are injured in such automobile accidents as well as the family of those died in the accident need to retain the services of a personal injury lawyer in New York to represent them in negotiations with insurance companies or file a court case for compensation.
Single vehicle accidents can be caused by various reasons. Sometimes, the vehicle has a manufacturing defect and the manufacturer is held liable for the accident making the victim eligible for motorcycle accident compensation. In other cases, the accident is the result of a faulty brake or component that was not noticed by the mechanic or properly serviced. In such cases, the mechanic will be held responsible for the accident. Some accidents are also caused by faulty road conditions or icy or wet roads.
In the event that the driver of the vehicle was responsible for the accident, the driver’s insurance company will have to pay the motorcycle accident compensation to the injured persons.
Tips for Dealing with Insurance Companies
In order to ensure that you obtain the maximum financial compensation possible from an insurance company after sustaining an injury in a vehicle accident, you need to retain the services of a personal injury lawyer in New York who can represent you in negotiations.
You should also make sure that you do not make any statements to the insurance adjuster or sign any document without consulting your lawyer. In addition, you need to take photos of the accident scene if possible. In order to obtain financial compensation for the treatment of the injuries you have sustained you also need to keep all the medical records and bills. This will help substantiate your claim for compensation.
Present laws pertaining to motorcycle accidents compensation however are a bit tricky. It is mandatory for each motorcycle rider to have separate medical insurance policy in order to attain coverage for No Fault medical payments or to attain any death benefits.
When you have sustained a personal injury in an motorcycle accident, the lawyer will first try and negotiate a settlement with the insurance company. They will try and obtain the money for the treatment of the injuries, compensation for the loss of earnings, compensation for any additional help you hire or modifications you make to your home to cope with the injuries during your recovery, and compensation for the suffering and pain you have endured.