Motorcycle Accidents

Riding a motorcycle can be an exciting experience. Driven by individuals of all ages from all walks of life, motorcycles allow certain freedoms drivers don’t enjoy with an automobile, providing a unique experience that’s hard to match. Owning a motorcycle is a dream for many New Yorkers because of the freedom and entertainment that it provides. Unfortunately, for all of the enjoyment a motorcycle can bring to someone, it can also put him or her in a high-risk category for being hurt or killed in an accident.

Motorcycle Accidents are among the most devastating traffic accidents. They often result in very serious injuries and may wreak havoc on your or your family’s finances and personal lives. Motorcycle Accidents often lead to enormous medical expenses, loss of employment or future earning power, and severe pain and suffering for those involved. Victims have the right to make a claim for compensation for the negligent actions of unsafe drivers on the road.

New York motorcyclists are protected under New York motorcycle law that makes negligent drivers responsible and liable to New York motorcyclists. A biker who is involved in a New York Motorcycle Accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, and more. If you or someone you know has suffered serious injuries from a Motorcycle Accident, you may be entitled to a large money award. It is important to understand how insurance coverage for motorcyclists is different from auto drivers under New York’s no-fault system.

Unlike car drivers, motorcyclists have the right to file a lawsuit without having to meet a SERIOUS INJURY threshold. This makes motorcycle accident lawsuits much easier. A motorcyclist involved in a collision with a car owner who suffers any level of injuries may bring a law suit in court against the driver of that car. Whereas had the same motorcyclist been in a car instead of the on the motorcycle, and been in the same collision and suffered the same injuries, he might be barred from bringing those claims in court since no-fault benefits and the SERIOUS INJURY threshold would apply.

Motorcycles are fun, but they also present greater risks than other motor vehicles for several reasons. A motorcyclist is exposed to direct impact between his body and the pavement or other vehicles.

Motorcycle has only two wheels, which makes it lot less stable than any automobile that has four wheels. Cars and trucks are much bigger and heavier than motorcycles and thus, in an impact between them, the motorcyclist takes the biggest impact. Drivers just don’t notice, see or observe motorcycles. Drivers often cut motorcycles off, or fail to yield to motorcycles, or follow motorcycles too closely, or open their car doors into motorcycles, or rear-end motorcycles. Even a slight impact can knock the biker from his motorcycle and cause serious injury.

Based on today’s fatality rates, riding a motorcycle is approximately 27 times more dangerous than driving a car. There are many reasons for this inherent systemic risk. Meaning, motorcycles are just MORE dangerous than cars. It’s a fact.

Motorcycle accidents are not the same as other types of motor vehicle accidents. The risks involved with operating a motorcycle, causes of motorcycle accidents, injuries sustained, and liability issues all place motorcycle accidents into a unique category

MOTORCYCLE ACCIDENTS AND MEDICAL COVERAGE

New York State No-fault Law considers motorcycles inherently dangerous and does not provide medical coverage to motorcyclists in case of an accident. Motorcyclists are not considered COVERED PERSONS under the no-fault regulations; therefore they cannot receive medical and loss wage benefits that a driver of motor vehicle would normally receive after an accident. Some insurance companies may offer additional coverage for medical bills and/or lost wages on a motorcycle policy, which can create contractual obligations, but the insurance company is under no statutory duty to offer no-fault coverage to motorcyclists. Motorcyclists must use their private insurance in order to pay for any accident related expenses.

REAR-END MOTORCYCLE ACCIDENTS

Motorcyclist comes to a halt at a stop sign, cross walk, intersection or a traffic light, the driver doesn’t see the motorcyclist and rear ends the motorcycle. The most common car accident is a “fender bender.” However a fender bender can kill a motorcyclist.

LANE CHANGE MOTORCYCLE ACCIDENTS

Motorcycle is on the road when a car in another lane suddenly veers into the space it’s occupying. Remember, motorcycles are tiny and they can easily fit into blind spots. Drivers looking for cars aren’t psychologically programmed to see motorcycles and often miss them all together. Such lane changes can cause a fatal accident for the motorcyclist.

LEFT TURN MOTORCYCLE ACCIDENTS

This is the most common motorcycle accident. A car fails to see a motorcycle or judges it’s speed incorrectly, turning in front of the motorcycle at an intersection. Blame inattention, distraction, blind spots and even psychology; a driver looking for cars perceives merely an absence of cars, not the presence of a motorcycle. This type of accident leaves the motorcyclist no choice but to ride straight into the car or getting hit by the car. In either case motorcyclist usually suffers serious and some times fatal injuries.

HEAD-ON-COLLISION MOTORCYCLE ACCIDENTS

Crashes involving motorcycles and other vehicles account for 56% of motorcycle accident deaths. In the vast majority of these accidents, the car strikes the motorcycle from the front 78% of the time. Head-on-collision motorcycle accidents are the most dangerous and almost in all cases leave the motorcyclist with sever permanent injuries. Head-on collisions between SUVs and motorcycles are often fatal to the motorcyclist.

MOTORCYCLE ACCIDENTS AND CELL PHONE USE

Cell phone use continues to play an increasing role in the number of accidents involving motorcycles. Often a biker is seriously injured or killed as a result of people texting and driving, especially when the accident involves a younger, less experienced drivers.

Our firm has qualified motorcycle accident attorneys; we investigate all aspects of every motorcycle accident. As a routine matter we obtain records that may show evidence of the at-fault driver using their cell phone at the time of the collision, whether it be a voice call or texting.

Even though cell phone use remains the biggest offender, its the total number of technological devices GPS units, iPods, tablets, etc., that are available to a driver. Use of such devices has resulted in a significant increase in total number of motorcycle accidents resulting in wrongful death and injury cases.

If you or someone you know has suffered serious injuries from a Motorcycle Accident, you may be entitled to a large money award.

MOTORCYCLE ACCIDENTS AND CHILD PASSENGERS

There is no age legal restriction for passengers on motorcycles in New York State. However let common sense determine if a child is old enough and big enough to safely ride a motorcycle. Consider the additional risks faced by motorcycle passengers compared with passengers in a car protected with seat belts or child safety seats. If the child cannot place both feet flat on the passenger foot pegs of the motorcycles, then it is not safe for the child to ride the motorcycle. Generally if a child is not large enough to properly wear an approved helmet, then the child cannot legally ride on the motorcycle.

While there is no age restriction for passengers on a motorcycle in New York State, there are requirements for motorcycle passengers. Under Section 1251 of NYS Vehicle and Traffic Law, to carry a passenger:

The motorcycle must be designed to carry more than one person and the passenger must ride on a permanent seat.

The passenger must face forward, with one leg on each side of the seat.

The passenger cannot interfere with the operation of the motorcycle or the view of the motorcycle driver.

The passenger must wear a motorcycle helmet approved by the US Department of Transportation.

MOTORCYCLE ACCIDENTS HEAD AND TRAUMATIC BRAIN INJURIES

Although New York State law requires motorcycle riders to wear helmets, not everyone does – and even if they do, helmets don’t always prevent serious head and brain injuries. Injuries to the head and brain can cause lifelong problems and disabilities.

MOTORCYCLE ACCIDENTS ROAD RASH

The name itself almost implies a less critical injury, but road rash can cause big problems if it is severe enough. When exposed skin scrapes across the pavement, the result can be deep lacerations and layers of skin being completely ripped off. If it is not treated properly, a motorcyclist could end up with an awful infection or permanent scars.

MOTORCYCLE ACCIDENTS BROKEN BONES

Broken bones are extremely common in motorcycle injuries because you have nothing to protect you from the impact of hitting the ground or another vehicle. The sheer force behind an accident is enough to fracture or shatter bones severely. Motorcyclists frequently find themselves with broken legs because if they tip over and don’t have time to get off their bike, it ends up crushing their legs.

MOTORCYCLE ACCIDENTS SPINAL CORD INJURIES

Injuries to the spine can leave a person permanently paralyzed or disabled. Even if someone is lucky enough not to be paralyzed, he may still face serious, debilitating pain for the rest of the lives. Neck and Low back injuries resulting from motorcycle accidents are very common and in most cases permanent. Painful back surgeries are often needed to correct the injuries sustained from motorcycle accidents.