These claims share similarities, but some key differences exist, especially in terms of the amount of compensation.<\/p>\n\n\n\n
Responsibility<\/strong><\/p>\n\n\n\n Motorcycle and car accident cases, and all other injury cases for that matter, are also based on a simple you break it, you buy it responsibility. If Joe unintentionally dents his neighbor\u2019s car as he drives out of the driveway, Joe should pay compensation. Likewise, if Joe hits his neighbor’s car and hurts his neighbor, Joe should pay compensation.<\/p>\n\n\n\n In a perfect world, Joe would voluntarily accept responsibility for his mistake, and a New York personal injury lawyer wouldn\u2019t need to be involved.<\/p>\n\n\n\n The consequences of a car\/motorcycle crash are often much more serious than the consequences of a car\/car crash. The motorcycle rider crash fatality rate is thirty times higher<\/a> than the vehicle occupant crash fatality rate. As a result, the compensation is often different in these cases.<\/p>\n\n\n\n Pre-Filing Procedure<\/strong><\/p>\n\n\n\n When key issues, such as liability and damages, are undisputed, insurance companies usually must settle cases within a few weeks. But these issues are rarely undisputed, which means the car and motorcycle accident settlement process drags on.<\/p>\n\n\n\n New York is a comparative fault state, a fact that usually complicates settlement negotiations.<\/p>\n\n\n\n Courts must determine and divide responsibility, and therefore damages, between the two parties on a percentage basis (50-50, 60-40, etc.). If a tortfeasor (negligent driver) is only 40 percent responsible for a crash, s\/he\u2019s only responsible for 40 percent of the medical bills and other damages in that case.<\/p>\n\n\n\n