Motorcycles accidents are becoming all too common as many motorists seek an economic and exciting mode of transport in these super-modern times. Motorcycle accidents are nearing the same number of annual car accidents, but the severity of even minor collisions can lead to serious injuries and death in a motorcycle accident. The automobile provides a great deal of protection that a motorcycle driver will not have in an accident and the risks involved with driving a motorcycle are considerably higher.
If you have suffered in a motorcycle accident that was the fault of another motorist, you have rights to compensation for your injuries. This also applies to families whose loved one was injured or even killed in a car accident caused by the negligence of another driver. At Cellino Law, our Queens motorcycle accident lawyers have the experience and dedication to offer your case against at-fault parties and their insurance providers. To review your injury claim call our Queens personal injury lawyers at (800)-555-5555.
Table of Contents
What are Some of the Most Common Causes of Motorcycle Accidents?
For purposes of increased safety, all motorists should be fully aware of the dangers that await them on the roads and highways. Motorcyclists are at far greater risk when on the roads and should adjust their driving to improve safety in specific situations.
Here are some of the most common causes of motorcycle accidents. Consider some of the suggestions that can keep you safe while on the road.
A motorcycle is a much smaller vehicle than any car simply because it operates on two wheels. This makes it much easier for them to completely vanish into a blind spot and become virtually invisible to other motorists. This is one of the major causes of motorcycle accidents with cars and trucks. Conditions of low visibility can greatly increase the risk of blind-spot related accidents.
Drivers of larger vehicles should do all they can to avoid accidents by keeping a close awareness of their blind spot. But, riders can drive in ways where they are always noticed.
Drivers Making Left-Hand Turns
Drivers that are making a left-hand turn do not always conduct more than a superficial check for other vehicles before executing a left-handed turn. This can make them oblivious to motorcycles also making a left-hand turn and they will end up colliding with the vehicle. This is a point where motorists driving a car or larger vehicles must exercise extreme caution so that they do not hit motorcycles, cyclists, pedestrians, and even dogs. By the same measure, motorcycle drivers should be aware of this danger and do all they can to minimize the risk involved. Awareness of the indicators that other cars are about to turn is a good safety precaution.
Lane splitting is a very risky action that is still practiced fairly often in most states. The dangers of lane splitting are increased by the close proximity of other vehicles. When a motorcycle is making its way between other vehicles it allows for little room to move safely and this leads to many accidents. As a biker, lane splitting must be practiced with extreme caution as the risks of an accident are increased considerably.
Speeding is a very dangerous traffic violation. While most motorists on the roads will not be speeding on purpose, it is easy to pass the limit. As a matter of fact, speeding is the leading cause of accidents in the US today. As you may imagine, the risks and injuries that occur in an accident caused by speeding will be far greater if there is a motorcycle involved in the accident. Even though a motorcycle is equipped with a powerful engine, they lack the same stability and traction of a 4-wheeled vehicle and this makes it easier to slide when making a sharp turn, especially in unstable conditions like gravel or slick roads.
In urban environments, another common cause of motorcycle accidents is open doors from other vehicles. Bikers need to be very attentive of this problem when riding through a city. It is a good rule of thumb to never drive so close to a vehicle that you would be impacted by an open door and always keep a close eye on the vehicles in front of you. It is also a good practice for other vehicle drivers and passengers to be very careful when opening doors on the side of the car when exposed to traffic.
These are the top 5 most common causes of motorcycle accidents, but there are many more conditions and scenarios that can increase the risk of motorcycle accidents. Some of these include riding under the influence of drugs or alcohol which can impair motor skills and the capacity to ride safely. Failure to adhere to traffic safety laws and moving fast in slippery conditions can also cause problems.
However, no matter what the cause of the accident, motorcycle accidents are always more dangerous and can have serious implications to all involved. If you ride a motorbike it is essential that you practice road safety and do all you can to preserve your safety in all of these dangerous situations.
Common Motorbike Accident Injuries
Motorcycle accidents are increasing in number each year and are almost on the same level as car accidents. The important thing to know as a motorcycle rider is that these accidents are always more serious for those who ride a motorbike. Cars or trucks will be equipped with airbags, seatbelts, and soft cushy seats that work to cradle the body and minimize the risk of injuries. Furthermore, the entire chassis of the car acts as a protective barrier to absorb the force of the impact.
The motorcycle has absolutely no shielding against the impact it will receive and the driver of a motorbike is completely exposed. This means that there is a wide range of injuries that can result from such an accident. But, we will only focus on the 5 most common injuries from motorcycle accidents in America today.
Hitting the road and other roadside elements cause all types of superficial wounds. The most common include lacerations, cuts, bruising. Most often these are on the hands and extremities. While these can seem less serious than some of the other injuries sustained in a motorcycle accident, they need medical treatment to avoid further complications.
The body of a motorcyclist can hit the ground at a tremendous speed and the force and this can cause open wounds of all types of severity depending on the speed and force of impact. As the skin contacts the asphalt the friction can cause the flesh to tear, serious road rash is another common. This leads to unsightly scarring and can also lead to serious infection if the wound is not treated promptly.
Strains And Sprains
When the body impacts the road or another vehicle it can absorb the force in all kinds of awkward positions and this can cause damage to the joints of the body and connective tissues. The most common areas to receive this damage are in the neck, shoulders, hips, knees, elbows and wrists. As the force travels to the body it is released into these joints and connective tissues which can absorb force in ways they were not naturally meant to feel strain. This can cause them to stretch and contort beyond their limits.
Better known as bruises, contusions are another common injury in the wake of a motorcycle accident and can occur on any point of the body that is impacted. The most serious sort of contusions are suffered in the head and can lead to an assortment of head trauma injuries. These are very serious injuries and it is not uncommon for head trauma to result in death. For this reason, it is required by law that all motorcycle riders wear a helmet while on the roads. If you will be carrying a passenger, they should be wearing a helmet as well.
Motorcycle drivers will typically be thrown from their vehicle while on the roads and when the body hits the floor it is not uncommon for bones to break and fracture. Some of the most commonly broken bones in a motorcycle accident include broken backs, arms, legs, and ribs. When bones break, they can also cause other damage to the surrounding area. The organs, nerves, skin, and tendons are often damaged as a result of broken bones.
Riding a motorcycle is a fun way of getting around but it has some serious risks that should be considered in order to enjoy this fun for many years. The above-mentioned injuries are only the tip of a very large iceberg of potential injuries that come from motorcycle accidents. By familiarizing yourself with the risks involved you will be able to better protect yourself from accidents and injuries they can cause.
Who Can Be Held Liable for a Motorcycle Accident?
Who is to blame is the big question that must be examined in a motorcycle accident case. In most situations, all members involved will have their own story about who is responsible. Just because one side of the argument has sustained the most injuries, they may still be at fault in the accident if only partially. Identifying who was responsible for the accident and to what extent is essential to making a case to recover compensation.
This is where the services of a professional legal team with experience in motorcycle cases is the right support for building a solid case. They can help you gather the evidence from the scene of the crime and help to determine who really was at fault. Once their investigation is complete they will be able to help you determine who should be liable for the damages sustained.
Motorist negligence is when a motorist acts or drives in a careless manner while their vehicle is in motion. Most instances where a motorist was not aware of the presence of a motorcycle were caused by motorist negligence. This may be caused by speeding, failure to yield or driving under the influence, or even a combination of these factors. In such a case the negligent motorist will be held responsible for the damages caused by an accident. Our Queens car accident lawyers at Cellino Law have experience in building strong cases against negligent drivers.
There are some instances when the accident is caused by errors in the manufacturing of the motorcycles. If the accident was caused by a malfunction or incorrect setup, your bike’s manufacturer may be liable for the accident.
Unsafe Road Conditions
It is the duty of the state of New York to provide safe roadways upon which the residents of this state can move about freely. If a road is not properly maintained, it can present many hazardous driving conditions and this increases the risk of accidents on the roads. If an accident is caused by unsafe road conditions, the state of New York will be held responsible for the damages incurred. Some hazardous situations include the presence of many potholes, malfunctioning traffic signals, obstructed and illegible traffic signs, unevenly paved roads, overgrown trees, and much more. Road users are actually encouraged to report these hazardous road conditions whenever they find them.
At Cellino Law, we fully understand the magnitude of the situation and will throw our full legal clout behind your case to ensure it receives the respect and attention due. When you choose us for your legal representation purposes we will assign the best-suited lawyer with the highest qualifications for your motorcycle accident case. Whether your injuries were caused by motorist negligence, manufacturing defects, or unsafe road conditions, we will help you assemble a bulletproof case to take to the courts if necessary.
We always advise our clients to begin assembling their case with all the information and evidence they can. The best information is caught early and this is essential to building a strong case. While it is never easy to tell where the blame lies until the injury is complete, we pride ourselves in our unbiased approach and attention to detail in these investigations.
Dealing With Insurers After An Accident
Motorcycle accidents can cut a swathe of destruction with serious damages. In addition to severe injuries you may have suffered, someone is going to have to pay for the medical costs of addressing your injuries. This should not be a burden if you were not to blame for the accident. The at-fault party is liable to pay compensations for the damages and this responsibility typically falls to their insurance provider.
But, insurance providers are a shrewd lot and do not make their profits by signing a bunch of checks for every motorcycle accident they have agreed to cover. It will take an experienced legal team to present the details of your case in a formal claim that will withstand the scrutiny of claims adjusters. Without extensive experience in these matters, you may get a settlement, but it could be far less than what you are entitled to.
What Damages Can A Motorcycle Accident Lawyer Help Me Pursue?
Our team of highly trained lawyers is able to take a full account of every penny you are entitled to and fight vigorously in negotiations to ensure you receive the compensation you deserve. Some of the compensation you are entitled to may include:
Medical treatment is not cheap these days and if your injuries were very severe you may be looking at surgical bills, a long recovery, and even the possibility of therapy in the future. If you have received head traumas of spinal cord injuries, your treatments may go on for the rest of your life. We will help you make a full account of all medical costs related to the accident so that you are well compensated for all injuries sustained.
Loss Of Wages
If you have been injured in a motorcycle accident, there is little chance you will be able to conduct your work. This period of lost income could go on indefinitely. Our lawyers are skilled at tallying the scores for all the wages you are expected to miss because of your injuries and ensure that you are compensated accordingly.
Pain And Suffering
It can be an especially traumatic experience to suffer a motorcycle accident and the resulting injuries can deal a psychological and emotional blow that may impact your life considerably. Pain and suffering caused by the accident are hard to calculate in a commensurate financial cipher. But we will consult the professionals and produce a fair figure that alleviates your pain and suffering from the accident.
You were most likely injured in the accident, but there is little doubt that your bike also suffered considerable damage as well. Our attorney will help you calculate the damages and ensure that the proper insurance companies cover the costs of repairs and replacements.
Getting your full compensation for the damages and injuries you sustained in a motorcycle accident is a complex issue and not one to be handled by the inexperienced. Insurance companies exploit every loophole to avoid paying out and you will need an experienced consultant to ensure you have a watertight case.
It can be very intimidating to consider going toe-to-toe with these unscrupulous insurance providers. But, this should not hold you back from getting the full compensation you deserve. The legal representatives here at Celina Law have the skills and insights to plot your course to the rewards you need to make a full recovery.
As a Motorcyclist in New York, What are My Rights?
The State of New York has very clear rules about what is expected of a motorcycle driver when operating their bikes on the roads and off. As a motorcycle driver, it is imperative that you fully understand these laws so that you can better protect your rights as a biker. Let’s take a look at some
Riding the road:
- Riders must have a safety helmet at all times.
- Headlights are compulsory and should be on at all times.
- Helmets with speakers in them must have one earphone only.
- Straight pipes are illegal; only mufflers are allowed.
- If you carry passengers from time to time, a footrest is mandatory.
- Eye protection is compulsory.
- Lane splitting is illegal.
- Riders can ride two abreast on one lane.
- Grips and handlebars must be lower than or at the same level as the rider’s shoulders.
- Headlights must be turned on after sunset.
- Eye protection isn’t mandatory.
- No sound limits.
- Riders between the ages of 10 and 15 must have a rider’s education certification.
How is the Value of a Motorcycle Accident Determined?
The value of the case cannot be accurately attained until your legal professionals have taken a look at all the important factors. We will examine all damages related to the crash, some of the most common damages we have helped our clients receive include:
- Lost income and benefits
- Medical treatment and care
- Physical therapy and rehabilitation
- Home and vehicle modifications
- Cost of purchasing assistive devices if required
- Projected future lost income and related benefits
- Other out-of-pocket costs
In addition to these damages, you may also be entitled to further compensation for what are called “non-economic” damages, including:
- Emotional distress
- Diminished quality of life
- Pain and suffering
The damages may be many and the circumstances complex, but at Cellino Law we have the resources and legal prowess to help you pursue your motorcycle accident case in Queens, New York. Don’t wait another minute, call (800)-555-5555, and receive a free evaluation and of your case, so you can plan your next step effectively.
What are the Benefits of Having a Queens Motorcycle Accident Lawyer Handle a Claim?
Cellino Law has many years of experience handling motorcycle accident cases here in Queens, New York, and the surrounding regions. We know how the system works and it is difficult for the inexperienced to get a fair shake, especially when still reeling from the accident itself. If you are having difficulties in just such a situation, the best thing to do is have a professional authority in this aspect of personal injury law apply their skills to your case.
With a professional handling your case, you will not need to waste time and imagination in plotting a course through unfamiliar territory. This time would be far better spent in addressing your injuries and damages and freeing your mind to make a full recovery. You will be able to rest assured that you have adept representatives handling your interest with the shrewd insurance providers.
You can find this type of value by including a motorcycle accident lawyer from Cellino Law to handle the particulars of your case. Here are some of the most important reasons you should consider signing on with our reputable law office:
Dealing With Insurance Companies
The insurance providers understand the law inside and out and will be looking for every possible reason to deny your claim and reduce the losses they would incur if they paid your case the value it is due. We will be there to present a strong case that has no loopholes they would dare use. This will ensure a much higher compensation than if you attempted to make this claim alone.
Establishing Proof Of Negligence
It could be that the other party will try to place the blame for the accident on you. We will conduct a full investigation of the case and ensure that your responsibility in the accident is minimized and that any false claims are not an obstacle to the compensation you need.
Determining The Full Value Of Damages
Our investigation of your case will be comprehensive and thorough. We will look into all possible parties that may have played a role in the incident that left you injured and damaged. If there are any other parties to pursue we will investigate the extent of their involvement and make claims against them as well.
Proving Your Damages
If necessary, we will bring in experts from various fields of professionalism to lend their professionals perspective to strengthening the case we are building. They may be crucial in determining the value of your case and compensation.
What If I’m Partly to Blame for my Motorcycle Accident?
If you believe you may have shared a measure of fault in the accident, don’t worry. Just because you are partially to blame does not mean you are solely responsible for the crash. In the states of New York “fault” can be shared by both parties if they were both partially to blame. It may be that you are still potentially eligible for compensation.
Shared blame does not mean you don’t get any compensation, it means you get some of the compensation. In these cases, the amount of compensation you receive will be reduced by the amount of fault you had in the accident. For example, if you were 20% to blame for the accident you will only get 80% of the total compensation.
Considering that the finer points of the law will tip the percentage one way or the other, we highly recommend working with a reputable Queens personal injury law firm that can ensure that your responsibility is reduced as much as legally possible. Our qualified attorneys will fight for your interests aggressively and ensure you are compensated for your loss.
At Cellino Law, we have the experience in Queens Motorcycle Accident cases to ensure that your claim will be properly presented to the insurance providers and other parties who may be responsible. Call us today to schedule a free consultation with our professionals who can advise you on how best to proceed.