Experienced Technical Representation For Motorcycle Accident Victims
Motorcycle crashes are considered by many to be the most dangerous type of traffic accident, and there is much statistical evidence available to back up this claim. The National Highway Traffic Safety Administration reported that a motorcycle accident victim has an eight times higher risk of injury and 37 times higher risk of death than a car accident victim.
Another rather dramatic statistic shows that over the past decade, the countrywide rate of motorcycle accidents has doubled due to the expanding market for motorcycles, and New York ranks sixth in the nation in the number of licensed motorcyclists.
If you or a loved one has been involved in a motorcycle accident and suffered injuries as a result, call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., at 212-689-5000 for a free initial consultation regarding your legal rights in order to obtain full compensation and monetary damages due to your harms and losses.
Motorcycle Accident Causes
The leading cause of motorcycle accidents is the “fail-to-yield” situation mentioned above, where the motorcyclist’s right of way is violated by a driver who is negligent in failing to check blind spots and in staying cognizant of surrounding traffic in general. This cause of accident accounts for about 70% of all motorcycle crashes involving at least one other vehicle.
In cases where only the motorcycle is involved, dangerous road conditions have been repeatedly proven to be a prevalent factor in those cases. These conditions include curves in the road, undivided highways and road defects such as potholes.
Since motorcycles are only two-wheeled vehicles as opposed to cars that have four wheels, motorcycles are less stable and more susceptible to losing vehicular control on poorly maintained roads, roads with sharp turns and roads without proper signs. A municipality may also be liable for failing to properly maintain and repair traffic control signals.
Although relatively rare, defective equipment does exist and accounts for about 3% of all motorcycle accidents. In cases such as these, qualified experts would be called on for a thorough inspection of the bike for the cause of the malfunction. Defective equipment can also include safety gear such as helmets.
All helmets have to comply with Federal Motor Vehicle Safety Standard 218 in order to ensure the protection of motorcycle occupants from head injuries. If a head injury does occur as a result of a motorcycle accident, a cognizant motorcycle accident attorney would call on the services of experts in order to evaluate the helmet’s performance in accordance with the corresponding helmet laws.
Other instances of motorcycle accidents include those due to:
- Other driver inattention
- Other driver fatigue
- Other driver speeding
- Other driver disregarding traffic controls
- Other driver texting
- Other driver talking on the cell phone
- Other driver engaging in unsafe lane changing
- DWI or DUI
- Other driver illegal u-turns
- Unsafe intersections
- Poorly maintained traffic control devices
- Pedestrian inattention
Motorcycle Accident Injuries
Due to the intrinsic danger of riding a motorcycle, even the most seemingly minor accidents can lead a biker to catastrophic injuries or even death. Common substantial and disabling injuries to motorcycle occupants include road rash, burn injury, bone fractures, internal injuries, spinal cord injury, traumatic brain injury among others.
In order to receive the maximum amount of compensation for your injuries, you will need the help of seasoned attorneys like those at the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., who are equipped with the knowledge, experience and the willingness to expend all necessary expenses to best evaluate and pursue your claim to obtain the financial recovery you deserve.
Fatalities And Wrongful Death
The harsh reality of riding a motorcycle is that you are at great risk if an accident occurs, and deaths as a result are all too common. The sudden and unexpected loss of a family member or loved one in a motorcycle accident can cause overwhelming sadness and grief, and it can also cause losses in various areas such as benefits, income, love and companionship.
It is important that if your family member or loved one died in a motorcycle accident due to the negligent conduct of another driver, a defective motorcycle, other defective equipment, or because of hazardous road conditions, you call the experienced and knowledgeable wrongful death attorneys at the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. because you only have one chance to recover full and adequate compensation for all your losses.
Motorcycle Accident Insurance
Many individuals are misled when they see No-Fault coverage listed on their New York state motorcycle insurance policy. These individuals believe this to mean that the occupant or driver of the motorcycle has No-Fault coverage, while it actually means something entirely different. The only parties who have No-Fault coverage in the event of a motorcycle accident are the ones not occupying the motorcycle itself.
Although motorcyclists are in more danger of getting in an accident and in more danger of serious injury than other motor vehicle drivers, they are not provided with the same benefits as other motor vehicle accident victims. As a result, there is no immediate coverage available from the insurance company covering the motorcycle in terms of medical costs/bills, lost wages and other reasonable and necessary expenses. Unfortunately, motorcycle accident victims are left to seek immediate coverage from other sources such as private health insurance.
However, one benefit to this exclusion is that motorcycle accident victims are not subject to the same burden of proof that other motor vehicle accident victims are subject to requiring proof of a “serious injury” in order to be eligible for pain and suffering damages. This allows injured motorcyclists to more easily pursue a claim and pursue justice against negligent drivers in order to recover for damages such as nonpermanent injuries, less serious injuries, and pain and suffering.
It is important to realize that even when liability has been proven against another driver of a motor vehicle, the inquiry does not end there under the law in court. Therefore, even if a jury has made a determination that a defendant driver of another motor vehicle was negligent and responsible for causing an accident, that same jury will have the responsibility to determine whether or not the motorcycle operator himself or herself bears a percentage of liability or responsibility for contributing to the happening of the accident.
Injured In An Accident? We Will Fight For Maximum Recovery.
Our attorneys care about our injured clients and work one-on-one with motorcycle accident victims to get them the help they need. From finding health care providers for you to hiring the right technical experts to explain the nuances associated with motorcycle accidents, our law firm is here to help you. Get a free consultation at one of our New York offices by calling 212-689-5000, or reach out to us online to get started.