There has been an alarmingly increased rate of motorcycle accidents that are almost the same as the auto-accident numbers that happen annually. Unlike automobile crashes, motorcycle accidents tend to result in fatalities and serious injuries. Given how motorcyclists have little protection compared to automobile drivers, it’s suffice to say that motorbike riders face significant safety risks.
In the event you as a biker have sustained injuries resulting from the actions of another negligent road user, you are entitled to seek reimbursement for injuries suffered, and our Bronx motorcycle accident lawyers are here to help. The same case applies to a loved one that has died or sustained injury resulting from the negligence of another person. Here at Cellino Law, we have a team of dedicated and seasoned Bronx personal injury lawyers who are well-versed in dealing with motorcycle accidents and will be committed to helping you receive the maximum compensation for your injuries and losses.
What Are Some Common Causes Of Motorcycle Accidents?
All motorists, especially bikers, should have a good understanding and know-how of the various factors that cause motorcycle accidents. As a motorcyclist, you should be aware of how best to handle yourself when using the road to prevent potential collisions and crashes. If you want to remain safe while using the road, here is a list of things you should know.
Blind Spots
Given how motorcycles are two-wheeled and are much smaller compared to cars, they are likely to slip into blind spots. Due to this, they usually end up going unnoticed by most drivers and one of the primary reasons why the majority of motorcycle crashes involve cars. Many of the motorcycle accidents happen during the night time when it’s difficult for other drivers to spot the motorbike on their side-view mirrors.
For this reason, drivers ought to be aware of their blind spots and pay close attention when checking, to prevent the occurrence of accidents. On the other hand, riders should be more mindful and make sure to remain in the line of view of other road users to get noticed easily.
Drivers Making Left-Hand Turns
Typically, when a driver makes a left-hand turn, they watch out for and take note of the absence of other cars, and not oncoming objects. This is the reason why the majority of drivers don’t see an oncoming motorbike when making the turn and end up crashing with the oncoming motorcycle. But sadly, the majority of drivers tend to forget they are not the only road users, considering that pedestrians, bikers, and cyclists also use the road. Nonetheless, motorcyclists will have to keep a watchful eye of the car(s) in front of them and look out for signals showing that a vehicle is going to make a turn.
Lane Splitting
Although lane splitting can be risky, it’s a prevalent trend in the majority of the states. This particular driving habit is hazardous since driving close to other motorists increases the likelihood of an accident happening, given how it leaves little room for a road user to maneuver safely. Additionally, the majority of drivers are caught unawares by lane-splitting considering how they weren’t expecting another car close to them. So as a motorcyclist, make sure to pay close attention to drivers like these and always adhere to state laws and regulations when splitting lanes. However, bear in mind that it’s a dangerous driving habit that can result in an accident.
Speeding
While the majority of road users don’t over speed intentionally, speeding remains the leading cause of accidents on streets, highways, and roads in the U.S. Over speeding poses massive risks for any car. For two-wheeled vehicles, the perils and severity of injuries resulting from a speeding accident increase ten-fold. Although motorcycles are built with powerful engines, they don’t provide stability like four-wheeled cars and are more susceptible to sliding when making a sharp turn, cruising on wet surfaces, or speeding on a rough road with loose gravel.
Open-Door Crashes
In urban areas like cities and towns, many of the motorcycle accidents that occur are attributed to bikers bumping into open door vehicles. So when riding near street sides or parking lots, bikers need to be more aware and attentive of what’s around them. As a biker, always ensure you have left sufficient space between you and other vehicles and ensure to keep a watchful eye out for parked cars in front. On the other hand, before drivers open their vehicle doors, they should ensure there are no oncoming vehicles or objects by checking their side-view mirrors.
Although the aforementioned issues are notoriously known for causing motorcycle crashes, other circumstances could potentially result in nasty motorcycle accidents such as biking under the influence of alcohol or drugs, not signaling before turning and poor road conditions. But regardless of what resulted in the crash, accidents involving bikes are more often than not catastrophic to all the parties involved. If you are a biker, make sure to practice proper road safety every time and do your absolute best to steer clear of scenarios that pose a danger to you.
What Are Common Motorcycle Accident Injuries?
With the rate of motorcycle accidents catching up with that of automobile accidents, the sad truth is that motorcycle-related accidents and injuries are more severe. Cars and trucks are generally equipped with safety features such as seat belts and airbags (plus the whole thing is quintessentially a mobile metal cage), so drivers have more protection compared to bikers. The list of sustained biker injuries is quite long, with some being more prevalent than others. Here are five of the most common motorcycle accident and collision-related injuries in the U.S.
Superficial Injuries
Many of superficial injuries consist of minor cuts, lacerations and bruising. These sorts of injuries occur on the lower extremities and hands. And though superficial wounds may appear to be less severe, they still need some level of medical assistance.
Open Wounds
Open wounds are sustained when bikers hit the ground with their bodies at a considerable force and are dependent on the speed they were going at before the crash. As the body rolls on the pavement or asphalt, the skin experiences friction that causes it to rip off in certain areas. This creates road rashes and open wounds that could, later on, result in an infection and scarring if not treated.
Strains and Sprains
When a motorcyclist is thrown off their ride during a crash, chances are they will land awkwardly and hard, which results in some of their joints getting damaged. The majority of bikers sprain their knees, wrists, fingers, and neck. “How,” you ask? When they hit the ground, the body is forced to contort awkwardly in very unnatural positions that end up stretching muscles and tendons beyond their limits.
Contusions
Contusions or bruises are another form of injury that most riders experience after a crash and can be sustained on any part of the body. The most severe contusions usually involve the head, which is affiliated with traumatic head injuries. Contusions on the head are so severe that they can result in disability or death, which is why bikers in New York are required to wear a helmet at all times when riding. If you are planning to carry another individual, they should also wear one.
Fractures
During a motorcycle crash, many riders will be thrown off their bikes and inevitably break a few bones upon their bodies hitting the ground. Broken ribs, backs, legs, and arms are some of the common issues emergency rooms deal with after an accident involving a bike. What’s more, as the bones break, they could likely result in further ligament, nerves, skin, and tendon damage.
Whilst biking is a fun and exciting thing to do, it comes with its fair share of pitfalls. When it comes to bike accidents, the aforementioned injuries are at the very top and only represent a small portion of a long and exhaustive list. So bikers must familiarize themselves with all the underlying risks involved and the different forms of injuries that can be sustained if and when they get in an accident.
How Can You Tell Who Is At Fault For A Motorcycle Accident?
After a collision has occurred, the person to take the blame is always the main query. In most situations, the involved parties act quickly to point out the other as the liable party. Even if one of the involved parties is nursing an injury, it’s within the bounds of reason they may also be at fault for the incident to some extent. It’s crucial to identify the party responsible, especially if one of them is pursuing compensation.
A professional lawyer can assist you as the victim, ascertain liability before you file a claim. To do this, they will use eyewitness information, evidence gathered from the accident scene investigation, coupled together with your medical report and police report. Having all this information will make it easy for them to establish the party responsible for the accident.
Motorist Negligence
Motorist negligence refers to the act of a driver’s recklessness or carelessness when operating their car. This includes scenarios where motorists were speeding and caused the collision, did not see the motorcyclist, did not give right of way, was driving while intoxicated, or any combination of these.
Under such circumstances, the driver will be deemed responsible for the crash that caused injuries and losses. Our lawyers at Cellino Law are proficient in these sorts of claims and have more than enough experience when it comes to investigating such issues and proving the negligence of the other party while they were operating their car.
Manufacturing Errors
There’s a likelihood that the crash happened due to a severe or minor manufacturing error in your motorcycle. This can be as a result of an incorrect setup, malfunctioning part, or an array of other reasons.
Unsafe Road Conditions
The state of New York is mandated to provide all road users the right to drive on roads that are safe and are in a good standing condition. Unaddressed and excessive wear makes the road dangerous and increases the likelihood of accidents occurring. If collisions and crashes are associated with unsafe road conditions, then in most of the cases, the state is held liable. Hazardous road conditions encompass unsigned bends and curves, construction refuse, potholes, unevenly paved roads, obstructed traffic lights, and overgrown trees, among other things. Nonetheless, road users can make a notification to the proper authorities when they come across those unsafe road conditions.
Here at Cellino Law, we understand the severity of car and motorcycle accidents, which is why we strive to ensure the cases of our clients get the right amount of attention they deserve. When you go with us as your representatives, we will assign attorneys to your case where they will work towards getting you the appropriate deal irrespective of the motorcycle accident cause, be it manufacturing error, motorist negligence or unsafe road conditions.
We always encourage our clients and victims to gather as much info and evidence as they possibly can about the accident since it will assist us in assembling an airtight case. Given how determining the party at fault is not that straightforward, we will work hard to make sure your findings are accurate and are fair and confident when placing blame.
What Compensation Can I Get For A Motorcycle Accident?
Motorcycle wrecks can be quite devastating. In the event you have sustained injuries resulting from an accident, you will find yourself spending thousands of dollars to settle the medical costs. If you were in any way, shape, or form not liable for the accident, then the insurance provider of the responsible party should be the one reimbursing you for your losses and injuries. But dealing with insurance companies can be quite a tricky endeavor given how most insurers will try all possible angles to lowball you into a significantly lesser settlement and/or even discredit your claim entirely.
To be in a better position for getting reimbursed, we advise that you seek out our legal services and allow us to deal with them as we will be acting in your best interests during the negotiations. Our experienced team of attorneys can ascertain the reimbursement amount to ask for based on your losses and injuries together with future and current bills. Here are claims you are entitled to demand reimbursement:
Medical Bills
Depending on the severity of your sustained injuries after an accident, the treatment costs vary. For example, treating spinal cord or head injuries take some time, with other injuries even lasting a lifetime. The attorneys at Cellino law can assist in making sure that your medical costs are cleared and include future and present costs.
Loss of Wages
Certain injuries leave their victims immobilized and not able to work for an extended period of time. The outcome? You guessed it! Loss of wages. The lawyers assigned to your case will do all they can to make sure the insurance service provider of the other party reimburses you for your lost income.
Pain and Suffering
The stress and anguish surrounding motorcycle accidents include physical, emotional, and mental pain and suffering. And though no amount of cash can cover your experience, the compensation will go a long way in alleviating some of your pain and suffering since it will cover damages and losses you have sustained because of the accident.
Property Damage
Since it’s highly likely that your motorcycle sustained a significant amount of damage as a result of the accident, our lawyers will assist in making sure the insurance service provider handles the cost of repairs, rental fees, and any extra expenses that may arise during your bike’s restoration.
Pursuing reimbursement after getting entangled in a motorcycle accident is a battle you shouldn’t attempt fighting on your own. You can enlist us at Cellino Law to help you out. Our seasoned and professional lawyers are conversant with all the tricks insurance service providers use to weasel themselves out of paying out claims. We have fully committed professionals who will fight for your best interests and will do all they can to make sure you receive the reimbursement you so deserve.
Fighting an insurance company for compensation by yourself may leave you feeling intimidated. How or where do you even begin? But this shouldn’t be the determinant that deters you from pursuing your entitled compensation. We at Cellino Law are here to assist you in navigating the murky legal waters. As officers of the law, we will help you understand your options and what policies and laws to follow while pursuing compensation.
What Regulations Does New York Have For Motorcycles?
When it comes to the usage of motorcycles, New York state laws are clear-cut and explicitly define what’s expected of a biker when riding either on-road or off-road. For a motorcycle owner, it’s integral to be conversant with these rules and know your rights as a motorcyclist. Here’s an overview of some vital regulations you need to be observant of as a biker:
Riding On-Road
- Headlights are mandatory and are required to be on at all times.
- Lane splitting is illegal.
- A safety helmet is compulsory at all times.
- Helmets with speakers built in them should have one earpiece alone.
- If you’re carrying passengers from time to time, then a footrest is a must.
- Eye protection is mandatory.
- It’s illegal to have straight pipes; only mufflers are permissible.
- The handlebars and grips must be at the same level as or lower than the biker’s shoulders.
- Turn signals are compulsory on motorcycles built from 1985.
- Bikers can ride two abreast on a single lane.
Riding Off-Road
- After sunset, headlights should be turned on.
- No sound limits.
- Riders between 10 and 15 years old must be rider’s education trained and certified.
- Eye protection isn’t compulsory.
How is the Value of a Motorcycle Accident Determined?
To ascertain the motorbike accident claim value, we evaluate all the damages relating to the collision. Some of the damages we can assist our clientele in seeking out include:
- Lost income and benefits
- Physical therapy and rehabilitation
- Medical treatment and care
- Medication
- Projected future lost income and other related benefits
- Home and vehicle modifications
- Cost of purchasing assistive devices if required
- Other out-of-pocket costs
Other than these, you are also entitled (depending on your damages and losses) to pursue compensation for non-economic damages such as:
- Emotional distress
- Pain and suffering
- Diminished quality of life
- Disfigurement
- Disability
Here at Cellino Law, we have all the necessary resources and experience required to assist you in successfully seek out compensation for injuries after be involved in a motorcycle accident in The Bronx, New York. To get a free of charge assessment and consultation, contact our Cellino Law offices now at (888) 888-8888.
What are the Advantages of Having a Bronx Motorcycle Accident Lawyer For My Claim?
We at Cellino Law have been providing residents throughout New York with pro legal services for years now, and we get that things can get complicated when pursuing a claim and still recovering from injuries sustained or are undergoing treatment. If you are a victim to a motorbike accident, then enlisting the services of a seasoned attorney and having them take over matters is the best course of action.
Having a professional handle your case will give you more time to concentrate on getting better. What’s more, having legal representatives by your side looking out for your best interests levels the playing ground when dealing with insurance companies and their legal team(s).
Get in touch with our highly-experienced team of motorcycle accident attorneys at Cellino Law to get a better understanding of your case and find the best legal path to take. Here are reasons why you should work with us:
Insurance companies will put up a tussle as they try to discredit your claim for compensation. You can be sure that they will have a team of legal agents working towards reducing losses and finding loopholes in the claim. And in the thick and thin of all of these, we will be right there with you looking out for your best interests and make sure they are held liable and reimburse you.
Chances are that persons involved in the crash may try placing some blame on you. As your legal counsel, we will try everything we can to make sure that your liability for the crash is minimized, and such baseless claims don’t taint your likelihood of receiving the maximum recompense.
We’ll dispatch our professionals to evaluate the car wreck to establish whether there were other people or parties involved as we get down to the root cause of the accident. What we acquire from our investigations will assist us in determining whether there are additional parties to seek.
If need be, we will enlist the services of specialists across various fields to assist us in investigating your accident and ascertain the value of your case as go for maximum compensation.
While accidents occur every time, there are no motorists that really plan on getting involved in a crash. And though motorcycle accidents can be quite devastating, the payout disbursed to you as compensation can prove to be the difference-maker in the days following the crash. That is why our lawyers are dedicated to assisting victims, such as yourself, secure compensation for sustained injuries and allow them to focus their energy on recovering.
What is New York’s Statutes of Limitations For Filing Motorcycle Accident Claims?
It will take some time to recover from a motorcycle accident-related injury fully. Even though that may be the case, you shouldn’t wait too long before beginning the process of seeking your claim for recompense. It’s worth noting that there are statutes of limitations that stipulate how long one can file a personal injury claim.
For motorcycle accident claims, alleged victims have up to three years from the day of the crash to make and file a suit. In the event this duration elapses, without you filing a claim, then your compensation claim will be deemed void, and you’ll have waived your right for seeking reimbursement for injuries sustained.
Nonetheless, certain incidents surrounding your case may influence the duration of time you have. To be better placed when filing a claim, consider getting in touch with a lawyer right away for a case evaluation and professional counsel.
What If I’m Partly to Blame for the Accident?
In case you are partly to blame for the crash, don’t panic. Just because you’re shouldering part of the blame, does not necessarily mean you are liable for the accident. Even if you’re partly to blame, you are still eligible to get some compensation for damages and losses. In the State of New York, the fault will be shared amongst the parties if both of them are to blame.
Just because you share the blame does not mean you are disqualified from seeking a compensation claim; it will only affect the amount you’ll get as compensation. In such cases, deductions will be issued depending on the degree or percentage of blame for the accident. In case your fault is found to be 15%, then the compensation amount will be cut by 15%.
Considering how such instances occur, you should really think about working together with a reputable, professional, and experienced personal injury attorney.
Call A Bronx Motorcycle Accident Lawyer With Cellino Law Today
At Cellino Law, we will work our hardest to make sure your liability level is reduced to improve your chances of securing recompense to cover your lost wages and medical bills. Contact our injury law firm in The Bronx for a free non-obligatory case evaluation and learn more about the best action to take. Call (888) 888-8888 today!