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.

motorcycle accident

Motorcycle Accidents – 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.

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.

1. Duty 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.

2. Breach 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.

3. Causation

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.

4. Damages

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.

You Have a Right to Compensation

Our compassionate team of attorneys understands the financial needs of our clients following a motorcycle accident. We are here to help you recover from your injury and your losses and will aggressively seek the maximum compensation for your injuries. Our attorneys at TonaLaw believe all victims have the right to obtain full compensation for their injuries.

Below is a list of frequently reported injuries our clients have suffered during motorcycle accidents:

Our Suffolk County, New York-based law firm will fight for you and your loved ones! Our firm has a reputation for uncompromising ethics throughout Long Island, New York City, and New York State. We utilize our extensive legal experience and litigation acumen to represent personal injury clients aggressively, always seeking all remedies available to our clients under the law.

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The TonaLaw Advantage

At TonaLaw, we are a client first practice. Our attorneys and support staff utilize our extensive legal experience and litigation acumen to represent personal injury clients aggressively, always seeking all remedies available to our clients under the law.

Resources for New York Motorcyclists:

Alliance MC
ABATE New York
Yonkers Motorcycle Club
Iron Order Motorcycle Club
Empire City Motorcycle Club
Sirens Motorcycle Club of New York City
New Breed Motorcycle Club
City Cruisers Motorcycle Club
New York City Fire Riders
Redrum Motorcycle Club

TonaLaw is a no-fee Long Island Personal Injury law firm – We get paid when we win your case!

If you or a loved one is suffering from an injury sustained during a motorcycle accident due to the negligence of another, contact us today at (631) 780-5355 or toll-free at 1-833-TONALAW or by filling in the form below, for a free case evaluation.

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What Our Clients Are Saying

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Amber PalermoAmber Palermo
17:50 23 Dec 22
The professionalism and expertise of the TonaLaw team is unmatched. I’ve worked with Juliet and she was incredibly knowledgeable, friendly and I could tell that she cared about helping me. If you’re looking for a legal team that helps with you any problem, big or small, TonaLaw is a team you can trust.
Regan moriartyRegan moriarty
16:49 23 Dec 22
The TonaLaw team is full of wonderful and hardworking people. I have personally worked with Juliet and she is excellent. You can tell she truly cares about the work she is doing. Highly recommend.
Elizabeth MartinezElizabeth Martinez
15:42 16 Dec 22
I can not be thankful enough for the amazing experience Tonalaw has given me from the very beginning. If you are looking for a lawyer who truly cares about your case then TonaLaw is for you. The amount of time and dedication they put in a case really shows how above and beyond they go. Not to mention how sweet everyone is really makes it a pleasure to work with TonaLaw.
Beatrice CestaroBeatrice Cestaro
22:06 14 Dec 22
I am extremely satisfied and happy to have chosen Tonal Law . The whole experience was flawless And I had absolutely no issues throughout the entire process. Everyone was so helpful and on time with everything, answered any questions I had, and we’re always easily available if I had any concerns. I basically did not have to lift a finger or do absolutely anything at all but answer a few questions. I put my full trust into Tona Law and I’m happy I did so. Would for sure recommend to any of my family and friends.
Anita AbramsAnita Abrams
21:14 05 Dec 22
Tona Law was an absolute pleasure to work with. As a local ART and Custom Framing resource, we helped to enhance their new offices, with beautiful and sophisticated, well curated artwork. Tom and his team were closely involved in all of the selections, and the environment is warm and friendly, as a result. Everyone at Tona Law, is considerate and professional.
Dawn DemartinoDawn Demartino
16:25 11 May 22
From start to finish I was informed every step of the way of the status and updates of my case… the time and steps taken to resolve my case in the best possible outcome was just one of the many great things Tonalaw provided. Personal care and commitment is top notch. Thank you !!
Louis B.Louis B.
15:27 08 Apr 22
Over the last few years Tona Law has guided me through the process with clear communication throughout. They are truly a client advocate and will do everything in the best interest of the client. Cannot thank them enough for all their work done for me.
Richard WoolleyRichard Woolley
19:49 26 Mar 22
Tom Tona and his team are fantastic. They do a great job for their clients. Can't recommend them highly enough.
Stacy LofredoStacy Lofredo
23:41 24 Mar 22
Tona Law has simplified no fault medical billing in a way that allows staff to effortlessly navigate through what could be a confusing process. Their staff is knowledgeable and responsive that we never have to worry about the ever-changing regulations because they are on top of keeping up to date with any changes in keeping their clients informed which is priceless!
Ruben ReyesRuben Reyes
15:29 13 Aug 21
They responded right away and were very professional. Brittany Reyes was very helpful. Thank you for your help
Randy RodriguezRandy Rodriguez
03:24 09 Aug 21
Would highly recommend if anyone is seeking any legal advice!