It should not be a surprise that motorcycle accidents tend to cause severe or fatal injuries. Unlike a driver in a car, a motorcyclist doesn’t have a seat belt or protective frame separating them from another vehicle or object. Motorcyclists experience the brunt of accidents, and it can lead to long-lasting injuries.
If another party is at-fault for your accident, you may be entitled to compensation for your injuries and any property damage to your motorcycle. However, talking to insurance companies and investigating the accident to prove negligence won’t be easy to do on your own, especially while recovering.
By hiring a Kingston motorcycle accident attorney to handle the claims process, you can relax while your attorney fights to get you the compensation you deserve.
If you’ve been in a motorcycle accident, call Shafran & Rock, PLLC to work with an experienced attorney.
Common Motorcycle Accident Injuries
The most common injuries of a motorcycle accident are:
- Traumatic brain injury (TBI) and concussions
- Road rash
- Internal injuries (such as internal bleeding or hemorrhaging)
- Upper and lower back injuries
- Spine, neck, and shoulder injuries
- Broken or fractured bones
Treating these injuries can be expensive. You may have to see medical experts, specialists, or have multiple surgeries. In some cases, these injuries could become permanent disabilities that will change your life entirely.
Types of Motorcycle Accident Compensation
If you were injured or a loved one was fatally killed in a motorcycle accident in New York due to another party’s negligence, you may be entitled to compensation. The compensation can be due to:
- Pain and suffering
- Past, current, and future injury-related medical expenses
- Lost earnings or wages (present and future)
- Quality of life changes
Our expert Kingston motorcycle accident attorneys at Shafran & Rock, PLLC are determined to help victims receive compensation when another party is at fault. When possible, our law firm helps clients get the justice they deserve.
Fatal Motorcycle Accident Statistics and Facts
Motorcycle accidents in New York often lead to dismaying injuries. In many cases, the accident is fatal. 2006 was one of the deadliest years for cyclists in New York, totaling at 192 deaths. Over the last 16 years, July and August are statistically the worst months for fatalities. Overall, 2,313 drivers have died since 2004 due to motorcycle accidents.
Because of the lack of protection for motorcyclists in these accidents, riders need to take initiative in protecting themselves. As a result, many states are promoting the importance of wearing a helmet when riding. Both new and veteran bikers should also take motorcycle training and riding course from time to time.
Unfortunately, even when following the rules of the road, many motorcyclists are still on the receiving end of accidents.
Who is At Fault for Motorcycle Accidents in New York?
It’s not always easy to determine who is at fault in a motorcycle accident. It could even be more than one party in some cases. Finding out the at-fault party or parties is crucial after your motorcycle accident, and that is where an attorney can help.
Here are the most common actors found to be negligent in these accidents:
- The other driver: If a car hits you or a family member, the driver of that vehicle is at-fault. In more than half of all motorcycle-related crashes, another driver is negligent. Typically the driver doesn’t see the motorcycle because they are distracted, tired, under the influence, or speeding.
- The motorcyclist: In half of car and motorcycle collisions, the motorcyclist is the cause of the crash. They may have been driving under the influence, driving while tired, speeding, or violating a traffic law.
- The municipality: Faults in the roads are another detriment to drivers and causes of crashes. A fault could be construction supplies, a pothole, or other issues with the road. If the street was improperly maintained and caused the accident, then the municipality responsible for the road may be at fault.
- The motorcycle manufacturer: Sometimes, a faulty part in the motorcycle causes the accident. A defective part could include failed brakes or a broken steering wheel. The manufacturer of the piece could be found negligent, and other drivers might already have a lawsuit pending with the manufacturer.
- Mechanic: If a mechanic incorrectly serviced your motorcycle, which then led to an accident, the mechanic could be held responsible. They will have to pay for bodily injuries or property damage to your bike.
New York is one of the few states that follows a “pure” approach to fault. Meaning, if you were partly at fault for the accident, you can still collect compensation. The amount of compensation is comparative to the percentage at which you’re at fault. If you’re 50% at fault, you can receive 50% of the damages caused by the other party.
Common Causes of Motorcycle Accidents in New York
Many people believe the majority of motorcycle accidents are caused by motorcyclists not following the rules of the road. However, this logic is not true. Motorcycle riders are the cause in about half of all motorcycle collisions. The other common causes are:
- Left turns: Drivers tend to turn left or cut off motorcyclists because they don’t see them. In the best-case scenario, the motorcyclist isn’t harmed, but in the worst, the impact could be fatal.
- Lane changes: Because motorcyclists are much smaller than cars, they can easily slip into the blind spot of vehicles. The vehicle may switch lanes and hit the motorcycle rider by accident.
- Motorcyclists are too close: For most vehicles, rear-ending will be a minor accident, but motorcycles don’t have the same protection as cars. For this reason, the accident could be fatal.
- Distracted driving: Drivers are distracted by phones, food, or other small things. A distracted driver isn’t paying attention to their surroundings and is more likely to have an accident.
- Drowsy driving: Driving when you’re tired means you are slower to react. A tired driver may fall asleep on the road and lose control of the vehicle. This driving can be as dangerous as drunk driving.
- Driving high or drunk: Driving under the influence (alcohol, drugs, and narcotics) accounts for over 30% of motor vehicle accidents. When under the influence, a driver may drive recklessly, disregard speed limits, or react slowly.
Speak to a Kingston Motorcycle Accident Attorney
If you were in a motorcycle accident, you must find out who was responsible and why the crash occurred. If someone else is at-fault, you may be eligible for compensation for damages.
Our motorcycle accident attorneys at Shafran & Rock, PLLC know the fine details that come with these cases. Contact our Kingston office today for a free consultation to see if we can help you gain the compensation you deserve.