Knowing the Causes of Motorcycle Accidents in NYC: Our Motorcycle Accident Lawyer in the Bronx, NY Explains How to Protect Yourself and Get Help
Motorcycles are one of the most thrilling vehicles to drive, especially right here in New York City and Long Island. Unfortunately, they are also one of the most dangerous vehicles to drive. Not because of a motorcycle drivers mistake, but because of the reckless, careless, and outright negligent conduct of other motorists. In fact, far too many motorists are seriously injured or wrongfully killed on motorcycles due to the negligence of another driver which could have been prevented. According to the National Highway and Traffic Safety Administration (NHTSA), over 5,000 motorists are killed each year in the United States on motorcycles. Our motorcycle accident lawyers in NYC know how devastating serious injuries, catastrophic harm, or the wrongful death of a loved one can be.
This is why our experienced personal injury lawyers in the Bronx, NY at Stern Law Firm have dedicated their practice to protecting the rights of injured victims and their families throughout the five boroughs. We have a proven track record of success and can help victims and their families recover compensation for medical bills, lost wages, loss of consortium, wrongful death costs, and for conscious pain and suffering. If you or a loved one was injured in any type of motor vehicle crash, especially a motorcycle wreck, learn how our motorcycle accident lawyers in the Bronx, NY can help you during a FREE consultation by dialing (718) 416-1500 to learn more.
Why Motorcycles Can Be Dangerous
Motorcycles are unique vehicles that have inherent advantages and disadvantages to them. Unfortunately, most of the disadvantages relate directly to safety. Most of the disadvantages also cannot be completely avoided either, even with the most experienced of riders.
Some of the disadvantages that make motorcycles more dangerous include the following:
- Thinner profile – makes them harder to see
- Smaller – makes them harder to see, harder to gauge the speed, and harder to judge distance
- Easier to fall into blind spots
- No safety equipment like seatbelts, side curtains, or airbags
- No steel shell of a vehicle around them for safety or protection to make a crunch zone
- Riders can be directly impacted by another vehicle in a collision
- Motorcycles are less stable than other vehicles because they only have two wheels in a line, meaning they can be flipped, thrown to the ground, or knocked over much easier.
- Other risks and dangers of motorcycles that increase the risk of accidents, injuries, or create safety issues.
Most Common Causes of Motorcycle Accidents in NYC
Given these inherent risks, many of the common causes of motorcycle accidents in NYC are due to other drivers failing to properly protect motorcyclists from these dangers. Some of the most common causes of wrecks that our motorcycle accident lawyers can handle for you include the following:
- Drunk driving or driving while intoxicated
- Distracted driving, including cell phone use, tablets, radio, or even eating or putting on makeup
- Fatigued driving or falling asleep at the wheel
- Speeding or driving too fast for the traffic pattern, roadway, or weather
- Crashes on wet roads
- Failure to yield
- Rear end collisions
- Following too closely
- Running a red light or stop sign
- Mechanical errors or defects
- Headlights or taillights out or not working
- Driving inexperience
- Improper lane changes or merges
- Driver inexperience
- Failing to check blind spots for a motorcyclist
- Failing to give enough space around a motorcyclist
- Road rage or aggressive driving, and
- Many other common causes that could result in liability against a defendant.
Proving Fault in New York
A motorcyclist who is injured in New York due to the reckless, careless, and negligent actions of another motorist may be entitled to recover compensation. In order to do this, a victim and his or her family will need to prove liability, or fault. This is done by stating a cause of action (or claim) for personal injuries. Almost all claims for compensation arising out of an accident will be based on a negligence case.
Negligence is a cause of action based on the unreasonable actions of another person, business, or government entity. These actions unnecessarily increase the foreseeable risk of harm to another. In order to state a successful cause for negligence, a motorcycle accident victim will need to establish the following elements:
- the defendant had a duty of care to the victim
- the defendant breached that duty of care
- the victim suffered damages or a loss/losses, and
- the victim’s damages were caused by the defendant’s breach.
If a victim can prove these elements in a motorcycle accident, he or she may be entitled to compensation for pain and suffering, lost wages, medical bills, and other damages related to the wreck.
Shortcut to Proving Liability in a New York Motorcycle Accident
There is another way to prove liability in a motorcycle accident case which can be easier to do in certain instances. This is under the doctrine of negligence per se which can automatically satisfy the first two elements of negligence against a defendant. This legal doctrine allows victims to hold a defendant liable when:
- the defendant violated a statute
- the victim was supposed to have been protected by the statute, and
- the harm to the victim was supposed to have been protected by the statute.
An example would be New York law which requires all motorists to stop at a red light. When a motorist runs through a red light and t-bones a motorcyclist, that rider is supposed to be protected by that law which requires all motorists to stop at a red light and allows other motorists to go at a green light. Any of the motorcyclist’s injuries caused by the crash may be recovered in a personal injury action.
No Fault Insurance Coverage
While motorcyclists need not establish that they suffered serious injuries in order to recover for pain and suffering, they do not obtain the benefit of no fault coverage to reimburse them for medical expenses and lost wages due to their accident-related injuries which in the absence of private medical coverage can put time at a great disadvantage. In the absence of private medical coverage, it is important to secure legal representation quickly in order to resolve these cases in order to obtain the adequate compensation needed to pay hospital, medical, and rehabilitation expenses, as well as lost earnings, in an expeditious manner.
Were You Injured in a Negligent Motorcycle Accident in NYC? Let Our Personal Injury Law Firm Help You
Motorcycle accidents often result in serious and life-threatening injuries, including those causing the wrongful death of an innocent rider. If you or a loved one were injured in any type of motor vehicle crash, especially a motorcycle accident in New York City, know that our knowledgeable and experienced personal injury team at Stern Law Firm can help you and your family recover the compensation that you need. We have a no-win, no fee guarantee and offer FREE consultation to learn what your rights are by dialing (718) 416-1500, (516) 294-2664 or by sending us a private message through our contact us box available here.