Determining Fault in a Motorcycle Accident
The majority of motor vehicle accidents are due to human error, ranging from distracted driving to failure to signal. Under New York law, victims of motorcycle accidents have a legal right to seek compensation from the person who caused the motorcycle accident. Suppose a passenger vehicle sped through a red traffic light, colliding with a motorcyclist and causing them serious injuries. In that case, the motorcyclist has a right to bring a personal injury lawsuit against the speeding driver.
The motorcyclist will need to provide evidence that the driver was acting negligently or recklessly. Additionally, the motorcyclist will need to prove that the driver's negligent or reckless behavior caused the accident that resulted in his or her injury. Determining fault in a motorcycle accident is not always easy, and it requires thoroughly investigating the accident. There may be multiple different causes for the accident. Accident victims need an experienced lawyer who will investigate the facts of their case to determine who was at fault.
New York’s Comparative Negligence Rule
You may be wondering what will happen if the other driver was not 100% at fault for your injuries. In New York, courts use a pure comparative negligence rule. A party could receive compensation for their injuries even if they contributed to the accident that caused their injuries. For example, if a jury decides that you were 10% at fault for the motorcycle accident and the other driver is 90% at fault, the other driver must pay you 90% of the damages. It is crucial that you work with an experienced motorcycle accident lawyer who can prove that the other driver is at fault, so you can obtain the total amount of compensation you deserve.
Common Causes of Motorcycle Accidents
As with most automobile accidents, motorcycle accidents are typically caused by human error. Motorcycles are smaller than passenger vehicles, making it more difficult for drivers to see them. When a driver is distracted by text messages or is simply not paying attention, he or she may miss seeing the motorcyclist and collide with the smaller vehicle. Other causes of motorcycle accidents include the following:
* Driver distraction from texting, calling, eating or drinking, daydreaming or talking to passengers
* Driver impairment from drugs or alcohol
* Driver fatigue
* Failure to follow New York traffic signs and signals
* Failure to properly signal when making a turn or changing lanes
* Failure to give a motorcyclist adequate space
* Failure to adjust to bad weather conditions or heavy traffic
Common Types of Motorcycle Accident Injuries
Motorcyclists are particularly vulnerable to becoming injured in motor vehicle crashes. Unlike passenger vehicle occupants, motorcyclists do not have any external protection from the vehicle’s steel frame. Even a mild car accident, such as a fender bender, can cause devastating injuries for a motorcyclist. Motorcycle accident injuries come in various forms, and motorcyclists often suffer more than one injury. Some of the most common and dangerous types of motorcycle accident injuries include the following:
* Traumatic brain injury (TBI)
* Road rash
* Broken bones, including broken ankles, wrists, and legs
* Dislocations
* Organ damage
* Severe burns
* Infection
* Spinal cord injuries
* Wrongful death
Undergo a Thorough Medical Evaluation After Your Motorcycle Accident
Being involved in any type of car accident can be overwhelming, and it is challenging to know what to do. If you've been involved in a motorcycle accident, the most important thing you should do is call 911 immediately. If you know or suspect that you are injured, ask for an ambulance. During a car accident, your adrenaline can spike, making it difficult to feel the full extent of your injuries. Even if you do not think you are seriously injured, we recommend allowing a paramedic to evaluate you. Do not hold back regarding your symptoms. Tell the paramedic or doctor examining you the full extent of your injuries.
Take Photos of the Motorcycle Accident Scene
When police officers arrive at the motorcycle accident scene, answer their questions and cooperate with them. Make sure you do not unintentionally admit fault for the accident. Provide the police officers with short, direct questions, but do not speculate about who caused the accident. If you can take photos of the accident scene safely, do so with your phone. Try to take pictures of the location of your motorcycle and any other vehicles involved. If there are dangerous road conditions that contributed to the motorcycle accident, take photos of them. Take photos of any skid marks on the ground as well.
Follow Your Doctor’s Orders
After you receive a thorough medical evaluation, we recommend following all of your doctor's advice. If your doctor recommends that you see a specialist, see a specialist as soon as you can. Following your doctor's orders and keeping copies of all of your medical bills and treatment plans will help you prove that your injuries are serious and that you take them seriously, supporting your legal claim.
How Much is My Motorcycle Claim Worth?
When we meet with new clients, the first question they ask us is often how much their case is worth. It is impossible to determine a precise number for how much your case is worth. Many factors impact the value of a case, including the type of injuries you received, the evidence available showing who was at fault, and how long your injuries will affect you.
When we meet with you for your initial consultation, we will ask you questions and review all of the documentation you provide. We will discuss your injuries with you and get an idea of what type of medical treatment you will need going forward. We'll use our decades of legal experience to give you an estimate of how much we think your claim is worth. After we investigate your case, we will work with financial professionals to determine how much medical treatment you will require and the total amount of lost income you will have from your injuries. We will use that amount to negotiate aggressively on your behalf with the insurance company.
