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Motorcyclists do not get New York no-fault benefits. That single fact changes how these cases have to be handled.
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The deadline to know
Dooring cases, bike-lane obstructions and defective roadway conditions each bring their own liability questions — and a claim over a road defect against a municipality normally requires a Notice of Claim within 90 days plus prior written notice of the defect.
The flip side is that a motorcyclist is not bound by the serious-injury threshold in the way a car occupant is, because that threshold exists as the trade-off for no-fault benefits. Riders can pursue pain and suffering without clearing § 5102(d).
a cyclist struck by a motor vehicle is generally covered by that vehicle's no-fault benefits, and is subject to the threshold.
Downed-bike geometry, helmet damage and scene measurements answer that, and they need to be documented before the vehicles are released.
The most common serious motorcycle crash — a driver turning across the rider's path.
Where "I never saw the bike" is the defense and the sight lines are the evidence.
The firm recovered $275,000 for a rider injured when his moped struck a pothole. Municipal claims require early notice.
Vehicle and Traffic Law § 1214 makes opening a door into traffic a violation.
Vehicles standing in a lane force cyclists into traffic; the driver and sometimes the company are liable.
The firm recovered $152,500 for a rider struck by a toll booth barrier brought down on her as she passed.
Verdicts and settlements
$7,500,000
Verdict for wrongful death, against landlord, caused by fire that spread through apartment that was without smoke detectors.
$275,000
For motorcyclist/moped operator that struck a pothole in the roadway while riding sustaining injury to his right leg.
$152,500
For motorcyclist who sustained a minor deviated septum as a result of being struck by a toll booth barrier which was brought down on top of her as she passed the gate.
Prior results do not guarantee a similar outcome. Every case is different, and the result in any case depends on its own facts.
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If there was more than 5 stars Seth Fields and his associates would get them all. Mr. FIelds went to trial with a jury in Suffolk Cty Riverhead Supreme Ct & won w/ a verdict in minutes for 100% Liability. The defense worked with Mr. FIelds in a settlement before the damages trial began. I would stop here searching any further & contact Seth Fields if you want a Smart, Attainable for your questions, concerns, Empathetic to your needs but a Bull Dog with your case, then you found your attorney.I can’t thank you enough for all your long hours, weekends, holidays that you put into 7 yrs of all my medical, motions, hearings & trial etc. WE WON! You did it and obtained a large settlement that I couldn’t be more happy after this long tough journey. I would refer everyone to you that has a case that needs fighting for. 🙏
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Where we handle these cases
The roads, the courthouse and the deadline change with the county. Each page covers how these cases work where you were hurt.
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