Most motorcycle accidents
result in catastrophic injuries to drivers and passengers. They are most
often due to the negligence of another driver or a roadway defect. Unfortunately,
a great deal of bias and prejudice still exists against motorcycle drivers.
The gut reaction of police officers and jurors is to blame the motorcyclist.
This unsupported assessment of blame compounds the tragedy to the motorcyclist
and his family. Given that more than 2,000 motorcycle drivers per year are
killed on our highways and another 50,000 are catastrophically injured this
is no small matter.
Motorcyclists and their
families need representation by lawyers skilled in overcoming the bias and
prejudice of jurors and police. Experienced trial lawyers with a record
of success are needed to overcome the "hired gun" expert witnesses
paid by insurance companies determined to avoid their responsibilities.
Insurance companies do not want to pay and will go a long way to avoid it.
Our lawyers have a proven record of success.
While most motorcycle
accidents are the fault of the other driver, jurors tend to believe that
the accident was caused by the motorcyclist speed, inattention or recklessness.
An experienced and skillful trial lawyer can root out these prejudices and
overcome them by an expert presentation of his client’s case and a
methodical deconstruction of the opposing evidence.
Most motorcycle accidents
occur at an intersection. They are generally the result of the failure of
another motorist to see the motorcycle. The average speed of a motorcycle
in an accident is less then 30 m.p.h. Despite these statistically proven
facts the insurance companies always claim the motorcyclist was speeding.
In Cote vs. United Parcel
Service, the police wrote our motorcyclist client a ticket for speeding.
They had no witnesses and never spoke to our comatose client. We got the
ticket thrown out of court. We then took UPS to court and secured a verdict
of 11.2 million dollars for Mr. Cote. This is the highest verdict in Warren
County history and is believed to be the highest verdict arising from a
motorcycle accident in upstate New York.
do I do if I am in a motorcycle accident?
1. Get the medical treatment
2. Report the accident
to the police and notify your insurance company.
3. Do not pay a fine
if you get a ticket (payment of even a small fine is an admission that the
accident was your fault)
4. Talk to a lawyer
from Breedlove & Noll, LLP immediately to protect your rights and secure
evidence before it disappears.
5. Don't talk to anybody
that calls about the accident until you have retained an attorney from Breedlove
& Noll, LLP.
protects you from lawsuits brought by others based upon allegations of your
negligence. Unfortunately most motorcycle owners secure the lowest possible
liability limits in order to save on costs.
The most important coverage
you can buy is uninsured/underinsured motorist coverage. This coverage provides
financial protection for you and anyone injured that is riding with you
on your motorcycle. Unfortunately many drivers only carry the minimum liability
limits (i.e. New York $25,000.00). This means that even if you have suffered
tragic personal injuries you can only secure a $25,000.00 recovery from
the negligence party. Since most people do not have assets above their insurance
you will only recover this minimum amount. If you purchase sufficient uninsured/underinsured
motorist coverage you may be able to recover substantial amounts over the
minimum limits of the negligent driver from your own insurance carrier.
You must discuss this
issue with your insurance company.
While this coverage
costs a little more it is worth it to protect yourself and your family.