Dangerous Motorcycle Accidents in New YorkFrom 2012 to 2014, the New York Department of Health reported an average of 141 deaths related to motorcycle accidents annually, as well as over 1,500 injuries resulting in hospitalizations. Many of these fatalities and injuries were due to another driver’s negligence in sharing the roads with motorcyclists. Motorcycle collisions are commonly caused by the following situations:
- A driver’s failure to yield the right of way to an oncoming motorcyclist.
- Drivers distracted by phones or otherwise not paying proper attention to the road.
- Speeding drivers.
- Motorcycle or road defects.
In some instances, a crash is caused by a “near miss,” in which a motorcyclist is forced to swerve to avoid another vehicle. This can also lead to serious injuries that can include spinal damage or brain injuries, despite the lack of contact with another vehicle. When another driver’s negligent actions have caused injuries or death to a motorcycle rider, a motorcycle accident attorney at our Queens firm can help them pursue legal action against the responsible party.
Responsibility for Motorcycle Crashes Caused by NegligenceTo prevail in a personal injury claim, your attorney must show that one or more parties acted negligently in causing your injuries. Negligence means that a defendant owed a victim a duty of care to act reasonably but did not act in accordance with that duty. In New York, all motorists owe each other a duty of care. Your Queens motorcycle accident attorney also needs to show that the defendant breached their duty by acting unreasonably under the circumstances. For instance, a driver who strikes a motorcyclist while switching lanes without checking for oncoming traffic would likely be determined to be unreasonable. Negligence also requires a showing that the unreasonable act caused a victim’s injuries and resulted in damages. Once liability is established, victims can receive compensation for past and future medical costs, loss of income, and diminished earning capacity, as well as pain and suffering damages.
Under New York law, motorcyclists are required to wear helmets, and they are subject to other regulations regarding front and rear lamps for their vehicles. If a motorcyclist fails to adhere to these requirements, a defendant may argue that a victim was responsible for negligently causing his or her own injuries. However, New York follows a pure comparative fault scheme of liability. This means that even if a victim was negligent, he or she can still recover damages from another negligent party. Compensation is awarded in proportion to each party’s degree of fault. Contacting a skilled and experienced injury attorney as soon as possible following a motorcycle accident is important to ensuring that a thorough investigation is performed and that the necessary evidence is preserved to move forward in legal proceedings.
Contact a Motorcycle Accident Lawyer Serving Queens and Surrounding AreasAttorney Marc S. Albert assists victims and families who have lost loved ones due to serious motorcycle collisions with receiving the financial resources that they need to cope with the aftermath. He is dedicated to making sure that justice is served and that people responsible for harming others on the road are held legally accountable. The Law Offices of Marc S. Albert represents clients across New York City and Long Island from offices in Astoria and Syosset. If you have questions regarding your legal options following a motorcycle accident, a car or truck accident, or any other type of motor vehicle collision, contact our office today online or at 855-252-3788 to speak with an attorney about your potential claim.