During a recent winter, a 17 year old female student was a passenger in a motor vehicle traveling on the north side of the Van Wyck expressway in Queens, New York.
Birth injuries are serious complications that can occur during the birthing process, potentially leading to lifelong challenges for the child. These injuries can range from minor bruising and swelling to severe, permanent disabilities, such as cerebral palsy or brachial plexus injury.
Common surgical errors include performing the wrong procedure, leaving foreign objects in the body, damaging vital organs, or causing infections. Such mistakes can lead to severe pain, disability, and even death.
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What Are Common Causes of Motorcycle Accidents in New York?
Motorcycle accidents can happen for a variety of reasons, often due to the negligence of other drivers. Here are some of the most common causes of motorcycle accidents:
Distracted driving is a major contributor to motorcycle accidents. When drivers are not paying attention to the road, they may fail to see a motorcycle and cause a collision. This is particularly dangerous for motorcyclists, as they are smaller and more vulnerable than other vehicles. Even a brief lapse in concentration can have devastating consequences.
Many motorcycle accidents occur when drivers change lanes without checking their blind spots, striking a motorcycle in the process. Motorcyclists are often in the driver's blind spot, making it crucial for drivers to be extra cautious when changing lanes. Drivers should always signal their intentions and carefully check their mirrors and blind spots before changing lanes.
Motorcycles are often difficult to see, especially when drivers are turning left. Drivers may fail to yield the right-of-way to a motorcycle, leading to a collision. Motorcyclists should be aware of this danger and be prepared to take evasive action if necessary. Drivers should always look carefully for motorcycles before turning left and be prepared to yield the right-of-way.
Excessive speed can make it difficult for a motorcycle to stop quickly in an emergency. It also makes collisions more severe, increasing the risk of serious injuries. Motorcyclists should always ride at a safe speed, considering road conditions and traffic.
Drivers should also be aware of the dangers of speeding and avoid driving at speeds that make it difficult to react safely.
Driving under the influence of alcohol or drugs significantly increases the risk of motor vehicle accidents, including those involving motorcycles. Impaired drivers are often unable to make sound judgments and react quickly, making them a danger to themselves and others.
Motorcyclists should be extra cautious when riding near vehicles with drivers who may be impaired. Drivers should never drive under the influence of alcohol or drugs.
Common Types of Motorcycle Accidents
Motorcycle accidents can occur in a variety of ways. Here are some of the most common types:
These occur when a motorcycle collides with another vehicle traveling in the opposite direction. This type of accident is often very severe, as the vehicles are traveling at high speeds, and the impact is direct.
These occur when a vehicle strikes a motorcycle from behind. This type of accident can happen when the driver of the following vehicle is not paying attention or is following too closely.
These occur when a vehicle strikes a motorcycle from the side. This type of accident can happen at intersections or when a vehicle changes lanes.
These occur when a driver changes lanes without checking their blind spot, striking a motorcycle. This type of accident is often caused by driver inattention or a failure to yield the right-of-way.
These occur when a motorcycle and another vehicle collide at an intersection. This type of accident can happen when drivers fail to yield the right-of-way or do not see the motorcycle approaching.
These occur when a motorcycle crashes without being involved in a collision with another vehicle. This type of accident can happen due to a variety of factors, such as road hazards, mechanical failure, or driver error.
What Are the Most Common Motorcycle Accident Injuries?
Motorcycle accidents are often severe, as riders have limited protection. Common injuries include:
Head Injuries: These can range from concussions to traumatic brain injuries, which can have long-term effects on cognitive function, memory, and personality.
Spinal Cord Injuries: These can result in paralysis or other permanent disabilities affecting mobility, sensation, and bodily functions.
Broken Bones: These can occur in any part of the body but are common in the legs, arms, and ribs, leading to pain, swelling, and difficulty moving.
Internal Injuries: These can include damage to the lungs, heart, or other organs, resulting in internal bleeding, organ dysfunction, and long-term health complications.
Burns: These can occur from road rash or contact with hot engine parts, causing pain, scarring, and potential infection.
Amputations: These can occur in severe accidents, resulting in the loss of a limb and requiring extensive rehabilitation and adaptation to daily life.
Unfortunately, some motorcycle accidents are fatal. If your loved one was killed in a motorcycle accident caused by someone else, you may be able to recover compensation for some aspects of your loss.
Get Legal Help After a Motorcycle Accident
If you've been injured in a motorcycle accident, contact our experienced New City motorcycle accident lawyers today for a free consultation.
Determining liability in a motorcycle accident can be complex. Here are some parties who may be held responsible:
At-Fault Drivers: If another driver's negligence caused the accident, they can be held liable for your injuries.
Motorcycle Owners: In some cases, the owner of the motorcycle may be held liable if they knew or should have known about a defect that contributed to the accident.
Other Motorists: Other drivers who contributed to the accident, such as drivers who failed to yield the right-of-way or were distracted, may also be held liable.
Government Entities: If a road defect or poor road design contributed to the accident, the government entity responsible for maintaining the road may be held liable.
Manufacturers: If a defective motorcycle part caused the accident, the manufacturer may be held liable.
In situations where multiple parties contributed to an accident, compensation can be split based on percentages of fault.
Can You Get Compensated If You Were Partially at Fault?
New York is a comparative negligence state. This means that even if you are partially at fault for the accident, you can still recover compensation, but your award will be reduced proportionally to your degree of fault.
For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. However, it's important to note that even if you are partially at fault, you may still be able to recover significant compensation, especially if the other driver was more at fault.
What Should Motorcycle Accident Victims Do Immediately After an Accident?
After a motorcycle accident, it's crucial to take immediate steps to protect yourself, your health, and your legal rights. Here's a detailed breakdown of what to do:
Even if you feel fine, it's essential to get checked out by a medical professional. Some injuries, like internal bleeding or spinal cord damage, may not be immediately apparent. Seeking medical attention not only ensures your safety but also establishes a record of your injuries, which is crucial for your legal claim.
Report the accident to the police and obtain a copy of the accident report. This official document will provide a detailed account of the incident, including witness statements, descriptions of the vehicles involved, and any citations issued. The police report is essential evidence in your case.
Take photos of the accident scene, including the damage to your motorcycle and other vehicles involved, the road conditions, and any skid marks or debris. These photos can help reconstruct the accident and support your claim.
Exchange contact information with other drivers involved in the accident, including their names, addresses, phone numbers, and insurance information. Obtain contact information from any witnesses to the accident as well.
Notify your insurance company about the accident and follow their instructions. Make sure to document the date and time of your call and the name of the person you spoke with.
How Long Do I Have to File a Motorcycle Accident Claim in New York?
The statute of limitations for filing a motorcycle accident claim in New York is three years from the date of the accident. This means you have three years from the date of the accident to file a lawsuit against the at-fault party.
However, it's important to note that this is a strict deadline, and failing to file within this timeframe could result in losing your right to pursue compensation. It's advisable to contact an experienced motorcycle accident lawyer as soon as possible to discuss your case and ensure your claim is filed within the statute of limitations.
What Types of Damages Can I Recover in a Motorcycle Accident Case?
In a motorcycle accident case, you may be able to recover compensation for a variety of damages, including:
This includes the cost of medical treatment, rehabilitation, and medication. This can encompass doctor's visits, hospital stays, surgeries, physical therapy, and prescription drugs.
This includes compensation for wages you lost as a result of your injuries, including time off work for medical treatment, rehabilitation, and recovery. If your injuries prevent you from returning to your previous job, you may also be able to recover compensation for lost earning capacity.
This includes compensation for physical and emotional pain, discomfort, and mental anguish. This can include pain from your injuries, emotional distress from the accident, and the impact of your injuries on your daily life.
Exchange contact information with other drivers involved in the accident, including their names, addresses, phone numbers, and insurance information. Obtain contact information from any witnesses to the accident as well.
Notify your insurance company about the accident and follow their instructions. Make sure to document the date and time of your call and the name of the person you spoke with.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
We're one of New York’s most trusted legal teams, with experienced lawyers serving numerous communities, including New City, Manhattan, and Westchester. Get the support you deserve right in your neighborhood.
Contact Fellows Hymowitz Rice Today for a Free Consultation
Don't wait to get the legal help you need. Call us today for a free consultation and let our experienced motorcycle accident attorneys fight for your rights.
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