Many people ride motorcycles in Manhattan because their smaller size makes it simpler to navigate the heavy traffic in this area and because of their overall convenience. However, motorcycles are sometimes difficult for drivers of larger vehicles to see, and accidents are not uncommon. If you experienced a motorcycle accident in Manhattan, our attorneys at Cellino Law have the experience and knowledge to guide you through a personal injury lawsuit when another motorist causes you injuries.
New York Motorcycle Insurance Laws
New York operates under no-fault insurance laws, which means motorists must purchase Personal Injury Protection insurance that pays for any injuries and property damage after an accident. While this type of insurance can make the days and weeks after an accident less stressful, the no-fault law does not apply to motorcycles.
New York State’s laws consider motorcycles a separate and different vehicle from cars, buses and trucks, so if you experience an accident, you will likely find yourself responsible for several out-of-pocket costs, such as:
- Medical bills
- Lost wages
- The cost of future care ( surgery, physical therapy)
Our attorneys can assist you with building a personal injury case and hold other parties responsible for your losses.
Common Causes of Motorcycle Accidents
Most motorcycle accidents happen because other drivers fail to see bikes in heavy traffic. Motorists driving enclosed vehicles also cause wrecks for other reasons that cause them to take their eyes off the road.
Distractions From Passengers
Motorists often become distracted by conversations with passengers, especially if a disagreement occurs. Children are a common cause of passenger distraction when they argue with siblings or have outbursts that cause a driving parent distraction.
Cell Phone Usage
In a 2022 poll by the National Institute of Highway Safety, approximately 20 percent of motorists admitted they scroll social media, play online games and text as they drive. Younger drivers may even record themselves behind the wheel to create social media posts, putting motorcycle drivers at greater risk.
Drowsy Driving
Many Manhattan drivers leave early in the morning for their commute or drive home exhausted after a long day. When drowsiness takes over, driving reaction time falls, which increases their risk of striking a motorcyclist.
Eating and Drinking
Many drivers in Manhattan live busy lives and often eat or drink in their cars to save time during lunch and breaks. This can lead to sudden spills that cause motorists to run red lights or traffic stops, resulting in an accident with a motorcycle.
Speeding
Manhattan drivers are some of the busiest and harried in the state. Navigating midtown traffic and trying to reach a destination may cause some motorists to exceed the speed limit. This reduces a driver’s ability to brake in time and avoid a collision with a motorcycle.
Steps To Take After a Manhattan Motorcycle Accident
While wearing protective gear can reduce the chance of serious injuries during a motorcycle accident, you, as the rider, have a greater risk of injury when you share the road with larger, enclosed vehicles. Knowing how to proceed can protect future litigation proceedings when an accident occurs.
Take Down Important Information
Exchanging information with the driver who struck you provides you with vital insurance and contact information. Avoid discussing the details of the accident with the other driver at this time, as even a remark made innocuously could harm your future lawsuit.
Visit a Physician
After a motorcycle accident, visiting a doctor or emergency room to assess your injuries can provide a solid foundation for a future court case. Document your injuries, including:
- Skin trauma
- Head injuries
- Broken bones
- Traumatic brain injuries
Injuries that cause far-reaching consequences, like spinal or neurological trauma, usually require long-term treatment. Ask your physicians for detailed reports our attorneys can use in court to meet the required burden of proof.
Avoid Discussing the Accident
Family and friends may have curiosity about the accident and ask you questions about any possible legal action you might take. However, leaking information about the details on social media or even verbally could compromise a court case, especially if you divulge them in writing.
New York’s Statute of Limitations for Motorcycle Accidents
If a driver struck you and your motorcycle in Manhattan and caused you serious injuries, you have a limited window of three years in which to seek compensation. A court may extend this statute when the discovery rule applies, which means the injuries resulting from a vehicle crash did not appear until weeks or even months after the day of the incident.
Possible Types of Compensation
Once our attorneys accept and review your case, they build a compensation case based on the value of your losses and injuries. Depending on the circumstances of your wreck, we can seek several different types of compensation.
Compensatory Damages
Compensatory damages include your calculatable losses such as missed work, your inability to work in the future and the cost of your medical bills both present and future. This amount makes the foundation of your Manhattan motorcycle wreck case.
Non-Compensatory Damages
Unlike monetary losses such as missed wages and the cost of medical treatment, non-compensatory damages are intangible and have no set value. When our Manhattan attorneys review your motorcycle crash case, we will use several of these losses to estimate their approximate value. This term also includes the actual physical and emotional pain you endured after the crash, including loss of enjoyment of life and the impact of scars caused by the wreck.
Punitive Damages
A New York State judge may hand down an award of punitive damages when the other driver’s actions were especially reckless or negligent. These punish the defendant for those actions and discourage future reckless actions while driving.
Contact Us With Your Manhattan Motorcycle Accident Case
Driving a motorcycle around Manhattan is an exciting experience, but the traffic volume in the area contributes to many accidents each year. If you find yourself injured and unable to work or enjoy life as you once did because of another driver’s negligence, contact us here at Cellino Law today and put experience and knowledge in your legal corner.