Motorcycle Injury Attorney
Motorcycle accidents are not the same as other types of motor vehicle accidents. The risks involved with operating a motorcycle, causes of motorcycle accidents, injuries sustained, and liability issues all place motorcycle accidents into a unique category.
The Deadliest of All Motor Vehicle Accidents
In 2013, there were over 5,000 motorcycle accidents throughout New York, resulting in 164 fatalities per the New York DMV. There are a number of factors that add to the risk of operating a motorcycle safely, including but not limited to:
- Limited visibility to other motor vehicle drivers
- Road hazards such as debris
- Potholes, rocks, mud, and sand;
- Decreased stability
According to a 2009 report by the Department of Transportation (DOT), fatalities caused by motorcycle accidents are approximately 40 times higher than fatalities caused by car accidents.
Personal Motorcycle Accident Form
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How Negligence Is Proven in a Long Island Motorcycle Accident
To seek compensation after being involved in a motorcycle accident, you must be able to prove one of two things: that the other driver intentionally hit you, or that they acted negligently. Road rage and aggressive driving are common, and although most drivers wouldn't run over a motorcyclist purposely, they may intentionally cut off or brake check (shortstop) motorcyclists, causing them to lose control and suffer severe injuries.
For most accidents, the root of the cause is negligence. Though "being negligent" is a common phrase, it has a legal definition. When a person acts in a way that a reasonable person wouldn't, and their actions are the cause of injury to another person, they are said to be negligent. There are four general elements of negligence in a motorcycle accident case, and they all must be proven in order to have a successful lawsuit.
01Duty of Care
Drivers and others on the road have a duty of care to follow all safety and traffic laws and regulations on the road. It's important for both drivers and motorcyclists alike to know Long Island's traffic laws. For instance, it's illegal for motorcyclists to split lanes. Drivers are forbidden from holding their phones at all while driving. Some of these laws are specific to New York and even Nassau or Suffolk County, but of course, there are traffic laws that are common across the country, such as stopping at red lights.
02Breach of Duty of Care
If a driver fails to uphold their duty of care, they are said to have breached it. In some cases, vehicle manufacturers can be said to have breached their duty of care if there is a malfunction. However, for anyone to be said to have breached their duty of care, the incident must have been foreseeable. For instance, if a tree falls suddenly on the road, and a car hits a motorcyclist while they're swerving to avoid the tree, they might not be held liable.
Third, the actions of the negligent person must be proven as the direct cause of your injury. This is often provable with supporting medical records from your treating medical providers. For instance, if the driver hits your motorcycle, and you are injured in the wreck, their actions could be said to have caused the injuries. However, if there is an accident on the other side of the road, and you take your eyes off the road causing you to strike another vehicle or object, it will be nearly impossible to hold someone else accountable.
Finally, you must be able to be compensated monetarily. This typically requires extensive evidence of your injuries and other losses. Personal injury, unpaid medical bills, lost wages, and property damage can fall under this category.
Regardless of the vehicles involved, accidents on the road can change someone's life forever. Not only do you face medical bills and property damage costs, but you may also face physical or mental trauma that can take years to overcome. Despite some similar costs and damages the type of vehicle you're operating during an accident may affect your personal injury claim. Although there are many similarities, there are some differences you should be aware of when comparing motorcycle accidents vs. car accidents.Read More
Riding a motorcycle comes with many risks. Whether riding in the city, suburbs, or rural areas, motorcycle accidents are more common than an accident in a four-wheeled passenger vehicle. Additionally, because riders have less protection from impact than those in passenger vehicles, an injured motorcyclist may have more extensive medical bills, property damage, and other costs associated with an accident. If you're a motorcycle rider who is injured in an accident, you may be curious about the damages available to recover in a lawsuit for injured riders.Read More
According to the National Highway Traffic Safety Administration (NHTSA) motorcyclists account for only five percent of drivers. However, motorcyclists are twenty-seven percent more likely to be involved in a fatal accident when compared to drivers in passenger vehicles. Also, the injuries sustained because of a motorcycle accident are typically significantly more severe. Therefore, it is important to know what steps to take if you are involved in a motorcycle accident.Read More
Motorcyclists face far more dangers on the road than other drivers. A motorcycle offers no protection for riders, making injuries common, especially from negligent drivers. Motorcyclists cannot avoid all potential risks on the road, but purchasing quality motorcycle safety gear can go a long way toward preventing severe or even fatal injuries. The TonaLaw team has compiled a motorcycle safety gear list to help you stay safe on the road.Read More
Although motorcycles make up only 3% of all registered vehicles in the US, they account for at least 14% of all traffic fatalities. This number doesn't include accidents that result in non-fatal injuries or accidents that weren't reported to the police. If you're a motorcycle rider or are interested in motorcycling, you may wonder what percent of motorcycle accidents result in injury or death.Read More