Automobile Accident & Motorcycle Accident Injuries Contact our Experienced, Expert and Affordable Automobile Accident & Motorcycle Accident Injury Lawyers/Attorneys

Automobile accidents are probably the most common type of accidents which result in serious personal injury.
It is the duty of a driver of a car to operate it with reasonable care. The driver of a car is obligated to drive at a reasonably safe speed, to have his vehicle under reasonable control, to keep a proper lookout under the circumstances and to be aware of his surroundings. The driver of a car has a responsibility to keep a proper lookout to avoid striking pedestrians or bicyclists.

In order to recover damages for personal injuries sustained in a car accident that resulted from someone else's negligence, the victim must prove that he or she has sustained a serious physical injury.

"Serious injury" is defined in a statute and means:

a) An injury that results in:

1. Death;
2. Dismemberment;
3. Significant disfigurement;
4. A fracture;
5. The loss of a fetus;
6. The permanent loss of use of a body organ, member, function or system;
7. A permanent consequential limitation of use of a body organ or member;
8. A significant limitation of use of a body function or system;
9. A medically determined injury or impairment of a non permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety (90) days during the one hundred eighty (180) days immediately following the occurrence of the injury or impairment.

Automobile operators, their passengers, or pedestrians must prove that they sustained a serious physical injury in order to receive compensation for their physical injuries, including conscious pain and suffering and lost earnings, because the New York No-Fault Law pays at least fifty thousand($50,000.00) dollars of medical bills and lost earnings.

Motorcycle Accidents
The operator of a motorcycle, however, is not afforded protection under the New York No-Fault Law. A motorcycle operator, or a passenger on a motorcycle, is entitled to recover for all economic and non economic injuries that flow from an accident caused by someone's negligence. They do not have to prove a "serious injury". Often times there are different versions of how an accident occurred such as when both drivers in an intersection accident say that they had a green light. It is imperative that a prompt and thorough investigation of an accident be conducted in order to protect a client's rights. This investigation includes ascertaining the identity of all witnesses to an accident and attempting to preserve all physical evidence that can be used later on.

If you have questions concerning an injury that you have sustained in an automobile accident or motorcycle accident, call Jeffrey Kirsch of Eisenberg & Kirsch at (845) 796-9909 so that you can obtain a free case appraisal.