Motorcycle accidents have been increasing at an alarming rate. In fact, the number of accidents that occur annually are almost equivalent to the number of auto accidents. However, motorcycle accidents are more likely to be fatal than car accidents. They are more likely to lead to severe injuries as well. Motorcyclists don’t have the same protections that drivers do in cars, which is why riding on a motorcycle can pose a risk to your safety.
If you’re a biker, and you’ve been injured because someone else on the road was negligent, you can seek damages for your injuries. Our team of New York motorcycle accident lawyers is ready to assist you. This is also true if you’re the family member of someone that died or in a motorcycle accident. The legal team at Cellino law has extensive experience with these types of claims. We’ve handled many motorcycle accident claims before and will work to ensure that you receive the highest possible compensation for your injuries. To get your claim started call our New York injury firm at 800-555-5555.
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What Causes Motorcycle Accidents?
It’s important for motorists in New York to be aware of the risks they face when out on the road, especially if they are on a motorcycle. Bikers will want to know what they should be aware of and how they can avoid crashes and collisions. If you want to avoid accidents while on your motorcycle, these are a few things you’ll want to watch out for:
Motorcycles are much smaller than your average car, which means it’s easy for bikers to fall into a driver’s blind spot. Drivers may not notice that a biker is sharing the road with them, which is one of the main causes of motorcycle crashes that involve cars. It’s more common for these accidents to occur in the night when it’s more difficult for drivers to see motorbikes in side-view mirrors.
This means drivers should try to be extra aware of their blind spots and check them frequently when on the road, which will reduce the risk of accidents. Bikers should also try to be mindful of what’s around them. They should ensure that they are in the view line of drivers and can easily be noticed.
When a driver makes a left-hand turn, they usually look for other cars, not other types of oncoming objects. Because of this, most drivers won’t notice an oncoming motorcycle when turning left, which can lead to a crash. Drivers often forget that they share the road with bikers, cyclists, and even pedestrians. This makes it all-important for bikers to be aware of any cars on the road. They should watch for turn signals to reduce the risk of accidents.
Lane splitting is common, but it poses a high risk. When a biker drives close to other motorists, there is less room for those drivers to safely maneuver, which means the risk of an accident will increase. Beyond that, drivers are often surprised by lane splitting. They may not expect to see another vehicle alongside them. That’s why bikers need to show caution when splitting lanes. It’s important to be aware of motorists and follow state regulations. Lane splitting is always risky, and it can easily lead to an accident.
Drivers on the road usually don’t speed intentionally. However, speeding is still the primary cause of accidents on roads, streets, and highways in the United States. Driving over the speed limit is always dangerous. It’s especially risky for people on motorcycles, who are ten times as likely to be injured in a speeding accident. Even though the engines in motorcycles are powerful, they are far less stable than cars are. They’re more likely to slide when turning or when driving across wet or rough services.
In more urban areas, motorcycle accidents often occur when a biker crashes into a vehicle with an open door. If a motorcyclist is driving along the side of a street or in a parking lot, they will need to be especially aware of their surroundings. Motorcyclists should make sure that there is plenty of space between their vehicle and other vehicles on the road. It’s particularly important to look out for parked cars. Drivers also need to check for oncoming traffic or other objects in their side-view mirrors before opening their doors.
The issues listed above are some of the most common causes of motorcycle accidents, but there are a number of other factors that can lead to a crash as well. For example, someone could ride their bike while under the influence of drugs or alcohol, drive when the road conditions are poor, or fail to signal before turning. No matter what the cause of the crash is, accidents that involve motorcycles are far more likely to have serious consequences. If you’re a motorcyclist, you’ll want to be aware of these threats and strive to avoid them when you are on the road. Do your best to follow road safety protocols.
Determining Fault in a New York Motorcycle Accident
In the aftermath of a crash, it’s important to determine who is responsible. It’s common for all parties involved to shift the blame to the other driver, even if one of the parties is injured. It’s possible for drivers to share responsibility, or for an injured driver to be the one responsible. No matter what, finding the responsible party is crucial, particularly in cases where one or more parties are seeking compensation.
If you’re the victim, you’ll find that an experienced attorney can help you to determine liability before you file a claim. In order to do this, they will collect evidence from the scene of the accident, seek testimony from witnesses, and look at most the police and medical reports. This information will usually make it simple to determine who holds the responsibility.
In regard to motorists, the term “negligence” describes someone engaging in careless or reckless behavior while driving. This may include situations where drivers were exceeding the speed limit, failed to give right of way, were driving under the influence, or were not paying attention.
In these situations, the driver will be the liable party in the accident. At Cellino Law, our legal team has extensive experience in cases of this nature. We know what is necessary to prove negligence, which will allow us to investigate your case quickly.
Errors in Manufacturing
It’s possible for accidents to occur because of a manufacturing error with the motorcycle you are driving. These errors can vary in severity and could include part malfunctions, improper setup, and various other reasons.
In New York, the state is required to provide all road users with safe and properly maintained roads. If roads are worn down, and if issues are unaddressed, roads become less safe, which means accidents are more likely to occur. If a crash or collision is linked with unsafe road conditions, then under most circumstances, the state will be determined liable. Examples of unsafe road conditions include potholes, roads that are unevenly paved, traffic lights that are obstructed, refuse from construction, bends, and curves without proper signage, and a number of other facts. However, drivers can notify the appropriate authorities when they notice unsafe road conditions.
The team at Cellino Law is very aware of how serious motorcycle and car accidents can be. That’s why we work to ensure every one of our clients receives the level of support that they deserve. When we’re representing you, we’ll make sure experienced lawyers are assigned to your case. We’ll focus on getting you the maximum amount of compensation, no matter what caused your accident.
We strongly suggest that accident victims require as much evidence as they can to support their case. This will make it easier for us to build a strong claim for you. It isn’t always easy to determine who holds fault. Thankfully, with our support, you’ll be able to gather the evidence you need.
What Compensation Can I Receive for My Motorcycle Accident?
A motorcycle crash can have serious consequences. If you were severely injured as a result of the accident, medical expenses alone could cause you thousands or more. If you are not responsible, the insurance provider of the liable party should be providing reimbursement for these costs. Unfortunately, negotiating with insurance companies can be a challenge. Insurance companies usually want to pay the smallest settlement possible, and they may even attempt to discredit your claim.
To increase your chances of being properly reimbursed, we suggest that you work with our team of attorneys. We can negotiate with the insurance companies, which should lead to a better outcome for you. Our legal team will be able to determine the appropriate level of compensation to seek based on the injuries you’ve sustained, losses you’ve incurred, and bills you will need to cover. These are the claims you can seek compensation for:
The medical costs you’ll face after an accident will vary based on how serious your injuries are. As an example, if you suffer a head or a spinal cord injury, it’s likely that you’ll need extensive medical attention. Some types of injuries can lead to permanent disabilities. The legal team at Cellino can guide you throughout this process, ensuring that your medical expenses are covered and that both present and future costs are taken care of.
Victims of accidents are often unable to work because of their injuries. This means that they lose the wages they would have earned during that time. Your attorneys will fight to make sure that the insurance company of the responsible party reimburses you for the income you have lost.
Pain and Suffering
Being involved in a motorcycle accident can lead to both physical and emotional pain. While cash isn’t enough to make up for what you have suffered, being properly compensated may help to ease your feelings of pain. This is because you’ll be able to recover funds for the damages you’ve suffered as a result of your accident.
Damage to Property
There’s a strong chance that your motorcycle was badly damaged in this accident. Our attorneys will work to ensure that the insurance provider takes care of repair costs and any other expenses associated with restoring or replacing the bike. If necessary, rental costs will be covered as well.
Seeking reimbursement after a motorcycle accident isn’t something that you should try to do alone. Thankfully, the team at Cellino Law is ready to help you. Our experienced and accomplished attorneys are very familiar with the tactics that insurance companies use when they’re trying to avoid paying claims. We’re dedicated to fighting on behalf of our clients and will work to secure the compensation that you’re entitled to.
If you try to obtain reimbursement from an insurance provider on your own, you might feel overwhelmed. You may not even know how to get started. In spite of this, you shouldn’t let this keep you from seeking the funds you are owed. Remember, you can get the support you need from the team at Cellino Law. We understand legal matters. We can walk you through your options and help you to get the reimbursement you deserve. We will also work to give you a better idea of what your case is worth.
Why Should I Work With a New York Motorcycle Accident Attorney?
When you hand your case over to a legal professional, you’ll be able to focus on your recovery. Beyond that, having qualified legal representation means that insurance companies won’t have an advantage over you. Insurance companies have their own legal teams, which is why you’ll want legal representation as well. If you don’t have an attorney working on your behalf, the insurance companies will have a major advantage.
Work with our team of professional car accident lawyers in New York. Cellino Law will evaluate your case and find the best way to proceed. These are just a few of the many reasons that you should choose to partner with us:
It’s standard for insurance providers to lowball claims or to try to discredit them entirely. They will try to limit their losses and look for loopholes so that they can pay you less. They will have the support of their own legal team throughout all of this. That’s why you’ll want to have our support throughout this process. We will make sure that liability is not shifted and that you are properly compensated.
It’s possible that another party that was involved in the accident may try to shift blame towards you. When we’re representing you, we’ll work to shoot down baseless claims and minimize your liability, which means you’re more likely to receive the maximum compensation.
We’ll send out professionals to gather more information about the accident. This will help us to accurately determine what caused the accident. Our investigations will help us to discover whether we will need to get additional parties involved.
If necessary, we will seek the support of specialists in certain fields so that we can better investigate your case and accurately determine its value. We want to ensure that you are reimbursed appropriately. When you work with us, you can trust that you will fight to recover the highest possible amount of compensation for you.
Accidents are a regular occurrence, but it’s important to remember that no one plans on getting into a crash. Although motorcycle accidents can have serious consequences, the recovery process will be easier if you receive the appropriate compensation. Because of this, our attorneys work hard to provide victims with the support and guidance that they need. We will seek appropriate reimbursement so that victims can focus on recovery.
The Statute of Limitations for Filing Motorcycle Accident Claims in New York
Recovering from a motorcycle accident won’t happen instantly. While it can take quite a bit of time for you to recover, you shouldn’t wait too long to seek compensation. It’s important to remember that, in the state of New York, there are statutes of limitations on personal injury claims, which means you will have to file within three years of the accident.
When it comes to motorcycle accident claims, accident victims must file within three years of the date of the crash. If this time passes and the victim does not seek compensation, the claim will be considered void. This means that you will no longer have the right to seek compensation for your injuries.
With that said, there are circumstances that may increase the amount of time you have to file. If you want a better sense of how much time you have, you’ll want to work with an attorney that is skilled in motorcycle accident cases as soon as possible. You should have your case evaluated and seek counsel from a professional. Even if you’re not sure you want to file a claim, there’s no harm in talking to an attorney. Remember, we offer free consultations to potential clients.
What Are Most Motorcycle Accidents Caused By?
Motorcycle riders enjoy feeling the rush of the air and the warmth of the sun while riding on the open road. It is a feeling that cannot be achieved by riding in an enclosed car. However, with this freedom comes an increased risk of experiencing an accident. In fact, statistically, motorcyclists are 5 times more likely to be injured in accidents than passengers in cars.
There are various causes of motorcycle accidents. Frequently, motorcycle accidents are the result of driver negligence. Most automobile drivers fail to notice a motorcycle, or simply just don’t have the same respect for a motorcycle as they do for the automobiles on the road.
Additionally, automobile drivers tend to be distracted while driving. Things like using the phone, eating, engaging with passengers, and adjusting the GPS are all forms of distracted driving.
While it is true that motorcycles are smaller than other vehicles on the road like cars and trucks, you, as a motorcyclist, still have the same rights as the driver of that car or truck you collided with. If you have been in a motorcycle accident, an experienced personal injury lawyer can help you get fair compensation for damages that you may have suffered.
What is the most common injury in a motorcycle accident?
It comes as no surprise that motorcycle accidents often end in serious injuries. After all, motorcyclists have far less protection than someone in a vehicle. Most motorcyclists understand the importance of ATGATT – all the gear, all the time. However, even with protection, injuries can be unavoidable in a crash.
The motorcycle injury attorneys at Cellino Law have seen motorcycle accident victims with a wide range of injuries. The most common injury after a motorcycle accident is road rash. According to one NHTSA report, the most common injuries also include injuries to the lower extremities, upper extremities, and head.
Common bones that are broken in a motorcycle crash include:
Head and facial injuries
Full-face, DOT-approved helmets are an important line of defense against head and face injuries. However, despite wearing a helmet, a rider can suffer serious head injuries in an accident, especially if he or she is thrown from the motorcycle.
Some types of head and face injuries include:
- Traumatic brain injury
- Fractured skull
- Facial fracture
New York State Department of Health data shows that there are an average of nearly 4,500 emergency department visits each year related to motorcycle accident injuries – approximately 12 each day.
Who is at Fault in Most Motorcycle Accidents?
After a motorcycle accident, the most pressing concern is the health and safety of everyone involved. However, in the hours and days that follow the accident, another important question must be answered: Who was at fault?
Even in a “no-fault” state like New York, determining fault after a crash can have an impact on the type and amount of compensation that is available to you.
So who is most likely at fault in a motorcycle accident – the motorcyclist or the motorist? Depending on who you ask, you may get a few different answers. Many states, such as New York, record data regarding the unsafe action that led to a motorcycle crash but do not specify which vehicle was at fault.
One 2019 Federal Highway Administration study agrees, citing “Other Vehicle Driver Perception Failure” and “Other Vehicle Driver Decision Failure” as the two primary factors contributing to motorcycle crashes. Often, this happens because motorcycles are harder to spot than other vehicles on the road. When visibility is limited by weather and other conditions, a driver may be even less likely to see a motorcycle.
In short, the liability you may or may not share depends on how you were involved in the incident, the negligence either party showed, and the environmental conditions at the time of the accident.
Contact Cellino Law To Speak With a New York Motorcycle Accident Lawyer
When you work with Cellino Law, you can trust that our New York personal injury lawyers will fight to reduce your liability level. This means that you’re more likely to receive compensation for your lost income and medical expenses. Just call (800) 555-5555 to connect with our personal injury law firm. We can provide you with guidance and a free evaluation of your case.