New York City is mostly motorcycle-friendly, and scenic routes nearby offer great riding experiences. Of course, there are pros and cons to using this method of transportation. You may save money and avoid some traffic congestion, but you are likely to get hurt if you get in an accident.
According to recent statistics, motorcycle wrecks resulting in fatalities happen in urban areas more often than in rural areas. As much as 67% of all motorcycle crash fatalities in 2021 occurred in cities. Injuries from these accidents can affect your daily life and require ongoing medical care, and covering the costs may require legal action.
What You Need To Know About Your Motorcycle Crash
Understanding the laws and how they apply to your situation is important. It empowers you to protect your rights and navigate the legal implications that can arise from motorcycle wrecks.
Legal Responsibility
Every driver, including motorcyclists, has a duty of care toward other motorists on the road. This rule requires you to drive responsibly, obey all traffic laws and take precautions to prevent accidents. If a collision happens, you must assess whether anyone failed to fulfill that duty by driving in an unsafe manner.
If negligence is a factor in your incident, the negligent driver may be responsible for your compensation. Potential damages include medical bills, lost wages, pain and suffering, property damage and emotional distress. New York uses a comparative negligence rule, meaning that the court considers all liable parties. If you are partly responsible for the crash, a judge reduces your compensation by your determined percentage of fault.
Often, insurance companies work to determine who is legally responsible for a motorcycle accident. If there is disagreement about their determination or you feel their settlement offer is inadequate, you may choose to file a lawsuit.
Fault
Identifying who is at fault for a crash can be complex. Typically, one or more drivers have some responsibility for the wreck. However, non-drivers can be responsible, too. Possible liable parties include:
- The motorcyclist: if you were not obeying traffic rules at the time of the accident
- The other driver: if the motorist was speeding, failed to signal, was driving distracted or recklessly
- Road authorities: if poor road conditions led to your crash, such as potholes or lack of proper signage
- Vehicle manufacturer: if faulty car or motorcycle parts caused your accident
The court uses the comparative fault rule to decide and assign the degree of fault to each responsible party. This determination involves a thorough review of all relevant evidence.
Injuries
If you get into a motorcycle wreck, you can suffer a range of injuries. Some common damages resulting from motorcycle accidents include:
- Road rash or burns
- Head wounds or facial injuries
- Broken bones or soft tissue injuries
- Internal wounds
- Spinal cord damage
- Emotional trauma
Severe wrecks can also result in crush injuries or serious fractures that may lead to limb amputations. Paralysis can occur if there is severe damage to your back, neck or head. The degree and duration of paralysis depend on which part of the spine has damage.
If you face severe, long-lasting injuries, pursuing compensation to pay for your medical care expenses and lost wages is especially important. However, you do not have to have a serious injury to file a personal injury claim in New York.
What the Legal Grounds Are for Filing a Lawsuit
If you were in a motorcycle accident and want to file a legal claim, you need to prove that someone else was responsible for the crash and your injuries.
Duty of Care
Your claim must show how the other party breached a duty of care toward you. Determining liability requires investigating the incident, examining all involved vehicles, reviewing available video footage and interviewing witnesses.
Existence of Injuries
You must also have actual damages or injuries due to the accident. You need to show the court how the other driver’s actions caused your damages and prove you suffered losses.
Negligence
This process involves showing that the other party acted carelessly and their actions caused your injuries. The law compares the driver’s conduct to what a “reasonable person” would have done under the same circumstances.
There are many ways in which an automobile driver may have been negligent in a motorcycle crash, including:
- Driving under the influence: Operating a motor vehicle while impaired by alcohol or other substances
- Distracted driving: Texting, eating, drinking or otherwise shifting attention from the road
- Failure to obey traffic laws: Failing to signal, running red lights or not yielding the right of way
- Reckless driving: Tailgating, speeding or weaving through lanes
- Road rage: Aggressive behaviors such as honking excessively, yelling, making inappropriate gestures or intentionally driving in a threatening way
- Poor vehicle maintenance: Failing to keep a car in safe operating condition
Proving a driver’s failure to exercise reasonable care involves compiling evidence such as police reports, eyewitness testimonies, photographs, medical records and accident reconstruction analyses. Being prepared with this evidence can significantly strengthen your case.
How Motorcycle Accident Lawyers Can Help You
If you sustain injuries while riding a motorcycle in New York, a lawyer who is an expert in motorcycle accidents can help you. They can investigate why the wreck happened, collect proof showing the other driver was responsible, talk to the other driver’s insurance company to get you a reasonable settlement and go to court if needed.
Accident attorneys know a lot about how insurance policies work, which can be confusing. They can tell you how much money you may be able to get to help pay for things like medical bills, bike damage and missed work shifts. Lawyers can take care of the necessary paperwork and advise you on what to do.
Why You Should Work With Our Trusted Attorneys
Every case is different, so the outcome depends on many factors. Cellino Law’s trustworthy lawyers have the knowledge and experience to handle your motorcycle accident case. We manage the details, deadlines and regulations so you can recover from your injuries.
Our motorcycle accident lawyers near Lenox Hill, NY, can help you get the compensation you deserve for your injuries and motorbike damages. Contact us today for a free consultation.