Get The Best Representation For Your Claim Case From An Experienced Long Island Motorcycle Accident Lawyer
Motorcycle accidents occur at a seemingly equal rate as automobile accidents; however, they tend to result in more serious injuries or fatalities. Given that the rider has limited protection compared to a driver in a car, it is fair to state that motorcyclists face an increased safety risk. As a biker, you have the right to seek compensation for injuries or death of a loved one that is as a result of the negligent actions of another driver or motorcyclist. We at Cellino Law have experienced and dedicated lawyers in Long Island specializing in motorcycle accidents that will help you get the maximum compensation you deserve for your injuries and losses.
The Main Causes of Motorcycle Accidents
All road users, more so the bikers, should be aware of and understand the various causes of motorbike accidents. As a biker, you should know what you can do to avoid collisions and crashes in the future. The following are some of the things that you should be aware of to help you stay safe when on the roads.
1). Blind Spots
Since motorbikes are two-wheeled vehicles that are smaller than cars, they are prone to slip into a blind spot. Therefore, they often go unnoticed by most drivers hence the reason for many of the motorcycle accidents happening that involve cars. Most of them occur at night when it is harder for driver to see a small bike on their sideview mirrors. As such, driver should pay a little more attention when checking their blind spot while the riders must be mindful of staying in areas where they cannot be noticed with ease.. Don't use plagiarised sources.Get your custom essay just from $11/page
2). Cars Making Left-Hand Turns
A driver intending to make a left-hand turn typically checks for and notices the absence of vehicles, not the presence of any other oncoming object. That is why some fail to see oncoming bikes when making a left turn and collide with the motorcyclists. Drivers are expected to keep in mind that roads also have other users aside from other drivers; they should be on the look out for pedestrians, cyclists, and bikers. And for the riders, they should be aware of the car that is in front and note its sign that indicates the vehicle is getting ready to make a turn.
3). Lane Splitting
Lane splitting is risky and yet it still is a prevalent thing across many states. It is a dangerous way of driving because the close proximity increases the risk of an accident happening. It also leaves little room for safe maneuvering. Moreover, most drivers are caught unawares by other drivers that like lane splitting. Motorcyclists must pay extra attention to the drivers and ensure they adhere to state laws when it comes to lane splitting while also knowing that it is dangerous and can result in an accident.
4). Speeding
People might not always be speeding intentionally, however, this is one of the leading caused of accidents on the streets, roads, and highways across the country. Speeding poses a significant risk of perils for any car, and the dangers as well as the severity of the injuries that can result of a speeding accident increase exponentially for the two-wheeled vehicles. The bikes, though equipped with powerful engines are less stable and prone to sliding especially when making sharp turn, cruising on wet surfaces or rough roads with a lot of loose gravel.
5). Open-Door Accidents
In the cities, most of the motorcycle accidents that occur are attributed to the rider pumping into a car’s open door. Motorcyclists should be more attentive and aware of their surroundings when they are in an area with parked vehicles. They should ensure they leave enough space between the cars and be aware of the parked vehicle in front. Drivers on the other hand, should use their sideview mirrors to check for oncoming objects before opening their doors.
While these five causes are the most common, there are dozens more that are associated with motorcycle accidents. They can include riding while under the influence of alcohol or drugs, failure to signal before turning, and even poor road conditions. But whichever the reason for the motorbike collision, such accidents are often dangerous to all who are involved. As a biker, you, therefore, must practice proper road safety and do your best to avoid dangerous situations that can result in accidents.
Most Common Motorcycle Accident Injuries
While motorbike accidents happening and worryingly similar rate as automobile accidents, the resulting injuries tend to be more severe. Car and trucks are quipped with safety features such as seat belts, airbags, and the entire thing is but metal cage on wheels. Therefore, the drivers enjoy some relatively better protection than a motorcyclist. The list of possible injuries that a biker can sustain in an accident is long, and some of them are more common that others. Below are the top five injuries attributed to motorcycle crashes and collisions in the United States.
Fractures (27%)
The riders are often thrown off the motorcycles when in a crash or collision sustaining fractures as the body hits the ground. The ribs, legs, arms, and back are some of the issues addressed in the emergency rooms following a motorbike accident. If the bones break this can cause further damage to the skin, ligaments, tendons, and nerves.
Contusions (16.3%)
Contusions or bruises are the other frequently type of injuries, and they can occur on any part of the body. The most dangerous bruises are those that involve the head, and often associated with a traumatic head injury. Such kind of an injury can lead to death or disability. That is why every motorcyclist and their rider in New York is expected to wear a helmet.
Sprains and Strains (13.7%)
When the bikers are thrown off their motorcycles when in an accident, they tend to land awkwardly, damaging their joints. Sprains mostly occur in the wrists, ankles, neck, knees, and fingers. The reason for this is the body is forcefully contorted in an unnatural position that stretches the muscles and tendons beyond their normal limits.
Open Wounds (12.1%)
The open wounds often occur when the body hits the ground at great force depending on the speeds traveled leading up to the collision. The friction on skin as the body rolls on the pavement or asphalt rips off portions of it creating road rash and open wounds that can later result in infection and scarring.
Superficial Injuries (10.7%)
Many of the superficial injuries consist of minor cuts, bruising, and lacerations. They tend to occur in the lower extremities and hands. Superficial injuries might seem less severe than the other mentioned injuries, by they still require adequate medical attention.
Ride a motorbike is a fun and exciting experience, but it also has its fare share of risks. The above injuries are the most common when it comes to motorcycle accidents. They have a small representation of what is an exhaustive list. Hence, riders should be familiar of the risks involved and the kinds of injuries they can sustain if they are involved in an accident.
Who Shall Be Held Responsible For The Motorbike Accident?
Whose is to blame? That seems to always be the main underlying question after an accident happens. The victims are quick to point figures accusing the other parties involved. However, the victims might also shoulder some fault. Knowing who is responsible is essential when it comes to seeking compensation. An experienced lawyer can help determine liability before filing the claim case. They can do this based on evidence gather after investigating the scene and collection the eyewitness statements and well as your medical report and the police report. They will consider a few common factors when trying to answer the question “who is responsible for the accident?”
A). Motorist Negligence
It is the reckless or careless behavior of a motorist when operating a vehicle on the roads. It include incidents where the driver did not see the biker, did not yield right of way, was driving under the influence, or was speeding leading up to the accident. It can be on a combination of any of these, and this makes the driver liable for the accident and resulting injuries and losses. Our lawyers will investigate the matter to prove the other party was negligent in their conduct and failed to safely operate their vehicle or uphold their duty of care.
B). Manufacturing Errors
The incident might have occurred due to a manufacturer’s error in your motorcycle. It can be due to an improper setup, a malfunctioning part, or any other related reason.
C). Unsafe Road Conditions
The state owes all road users the right for them to use roads that are safe and in good condition. Unaddressed or excessive wear makes the roads a dangerous place, and it increases the risk of accidents. If collision and crashes are attributed to unsafe conditions of the road, then the state might be assigned the blame. Such unsafe conditions include unsigned curves and bends, potholes, unevenly paved roads, obstructed traffic lights, overgrown trees, and construction refuse among other things. People are nonetheless encouraged to contact the appropriate authorities as soon as possible if they come across unsafe conditions on the roads.
At Cellino Law, we understand the seriousness of automobile and motorcycle accident claims. That is why we shall do our best to ensure your case receives the right attention. The attorneys assigned to your case will work to get you the best outcome possible irrespective of the would be causes of your motorbike accident, be it manufacturing errors, motorist negligence, or unsafe road conditions. We always advice people to take as much evidence and information of the incident as they can to help them put together a strong claim case.
Keep in mind that determining who is at fault is never a straightforward affair, but we are committed to making sure that we are fair and confident of our findings when we place the blame another party.
Dealing With Insurance Companies After An Accident
A motorcycle accident can be devastating and see you spending thousands of dollar on medical bills. Why should you have to bear such costs when you are not responsible for accident that resulted in your injuries? That insurance providers of the parties who are at fault should compensate you for your losses. But dealing with insurance companies can be challenging. You will face significant opposition as they try to discredit your claim or offer a lesser settlement. That is why you should let us deal with them as we represent your interests during the negotiations. Our legal experts will be able to determine the ideal compensation amount to ask for based on your losses as well as present and future medical bills. Some of the compensation that you might be eligible to ask for include:
- Medical Bills
The costs of medical treatment can be high depending on the severity of your injuries. Treating a head trauma, for instance, or even a spinal cord injury can be long with some lasting the rest of the victim’s life. Our team of experienced attorneys here at Cellino Law will make sure that you are adequately compensated for all medical bills cover both the present and possible future costs of treatment.
- Loss of Wages
Severe injuries can leave a victim immobilized and unable to go to work for a long while. The result is the loss of income. The lawyers assigned to your case will deal with the insurance companies to make sure that the compensation amount also covers your lost wages.
- Pain and Suffering
The stress and anguish surrounding a motorbike accident can include physical, mental, and emotional pain and suffering. While no amount of money can fully cover what you are experienced, it still be go a long way in helping alleviate some of the pain by covering the damages you incurred due to the accident.
- Property Damage
The bike might have sustained major damage in the crash. Our lawyers will work closely with the insurance companies to determine the rental fees, repair costs, and other expenses you might be facing for the restoration of the motorcycle.
You should not fight the battles alone when you are seeking compensation after a motorcycle accident. Allow us at Cellino Law to help. Our experienced lawyers know every trick the insurance providers try to use to avoid making payments. We shall be fully dedicated to fighting for your interests and will ensure that you receiver the reimbursement that your rightly deserve.
You might not know where to start or be feeling intimidated by the insurance companies. However, you should not let that deter you from fighting for your rights. We are more that glad to help you navigate the process. As legal experts, we will help you understand what your options are and the different policies and laws to follow as you pursue your claim.
What Do The Motorcycle Accident Statistics Suggest?
- CDC Report
The CDC (Center for Disease Control and Prevention) issues statistics reports on motorbike safety and accidents regularly. One of the most recent publications hand the following data:
The number of motorcycle related fatalities that happened in the United States in 2010 was 4,502.
Since 2000, motorcycle accident deaths have increased by 55%.
In 2010, the injuries and deaths attributed to motorbike crashes cost the United States of American losses amounting to $12 billion in medical costs and productivity.
In a past study that was done between 2001 and 2008 by the CDC showed that more than 34,000 motorbike riders were killed in accidents, which represented a 55% increase. Furthermore, over 1.22 million people were treated for various non-fatal injuries associated with motorcycle crashes during that period.
- NHTSA Findings
According to a survey done by the NHTSA (National Highways Traffic Safety Administration) showed that of the many fatalities that happened in 2010, 706 were avoidable if those involved had worn a helmet. Of the same recorded fatalities, 29% of those accidents that result in deaths involved alcohol intoxication. 35% of the cases involved speeding motorcyclists. Additional data from the NHTSA shows the following statistics:
Motorbike riders are 35 times likely to die from a crash or collision that drivers in cars.
More than 10% of road accidents in the U.S. involve bikers.
Helmets are an essential protective wear that can lower accident fatalities by as much as 37%.
What Are The Costs Of Motorcycle Accidents?
The NHTSA states that the medical expenses linked to motorbike collisions are influence by different factors. For instance, a rider that wears a helmet and suffers head injuries can face an average treatment bill of $14,000 compared to $16,000 for a biker that does put on a helmet.
The hospital bills related to motorcycle accidents account for 6% while the loss of wages is at 26% and 63% for suffering attributed to the injuries incurred in the accidents.
The information given above should serve as a reminder of why every motorcyclist has a responsibility to uphold the duty of care. The same level of safety is also expected of the drivers. You, nonetheless, should not hesitate to get in touch with our law offices if you are involved in a motorbike collision. Our experienced attorneys are ready to offer you the assistance and advice you need. We know how to deal with the insurance providers and are familiar with the complexities surrounding the various processes of determining fault and filing the lawsuit.
What Are My Rights As A Motorcyclists In The State Of New York?
Ney York as clear-cut laws that define what is expected of all bikers when riding on-road or off-road. You must have a good understanding of these rules as you also familiarize yourself with your rights as a motorcyclist. Below are some of the key regulations that you should be aware of:
Riding On-Road
a). Lane splitting is illegal.
b). Headlights are mandatory, they should be on at all times.
c). Safety helmets are required.
d). Helmet with built-in speakers must only have a single earphone.
e). Eye protection is mandatory for all bikers.
f). If carrying a passenger, a footrest is a must.
g). Handle bars or grips must be equal to or lower than the rider’s shoulders.
h). No straight pipes are allowed only mufflers.
i). Motorcycles may operate two abreast in the same lane.
j). Turn signals are required for motorcycles manufactured in or after 1985.
Riding Off-Road
a). No sound limits
b). Headlights are required after sunset
c). Eye protection is not required
d). Bikers aged between 10 and 16 years must have rider education certification
How Do You Establish Liability For The Motorbike Accident Injuries?
For the settlement to have substance during negotiations with the insurance companies, we need to prove that the other party was at fault of the accident. Proving liability will require that we give the following as evidence:
Duty of care: The defendant has the duty of care to uphold that would have ensured other road users at not put in harm’s way.
Breach of duty: The defendant failed to uphold the duty of care by acting unreasonably and irresponsibility regarding enduring the safety of others. The breach of duty might have be attributed to reckless conduct like speeding, drunk driving, texting while driving, or failing to check for motorcyclists before making a turn or changing lanes.
Causation: The breach of duty is what led to the accident and the resulting injuries that you sustained.
Damages: You suffered economic and non-economic damages that include physical, mental, emotional, and financial losses due to the motorcycle accident.
We will conduct thorough investigation and gather enough evidence that we shall use to put together a well-supported claim case. Some of the crucial evidence that will be used to establish fault and determine the value of the losses you incurred might include:
1). Medical records
2). The accident report from the police
3). Eyewitness testimony
4). Photographs or video surveillance
5). Wage records
6). Expert opinion and testimony for professionals such as vocational specialists, accident reconstruction specialists, and engineers among others
How Can The Value Of My Motorcycle Accident Case Be Determined?
We will review every type of damage associated with accident to determine the value of the settlement. Some of the crucial damages that we shall help you pursue include:
- Medical treatment, care and medication
- Physical therapy and rehabilitation
- Assistive devices required
- Vehicle and home modifications
- Lost income and benefits
- Projected future lost income and associated benefits
- Other out-of-pocket costs
Besides the damages listed above, you might also be eligible to seek compensation for non-economic damages, which can include:
- Diminished quality of life
- Pain and suffering
- Disability
- Emotional distress
- Disfigurement
We at Cellino Law have the experts and resources needed to help you pursue a claim for your injuries or wrongful death of a loved one involved in a motorcycle accident on Long Island, New York. Call our law offices today at XXX-XXX-XXXX for a free consultation and case evaluation.
Why Should I Hire A Long Island Personal Injury Lawyer To Handle My Motorbike Accident Claim?
From our many years of service to the resident in Long Island and across the state of New York, we understand how demanding things get when trying to pursue a lawsuit seeking compensation while also undergoing treatment and trying to recover from your injuries. That is why hiring an experience attorney to handle things on your behalf is the wise move. It allows you to focus more on getting better. Moreover, you will have leveled the playing field by having legal experts represent your interests as your face the insurance companies and their team of lawyers.
Reach out to our highly experienced Long Island motorcycle accident attorneys at Cellino Law today to know more about your case and how best to proceed. Here is why:
1: The insurance provides will put up a valiant effort to discredit your claim. They will have a team of experts looking into various loopholes they can use to reduce their losses. We shall be there standing up for you, putting up a tough fight to ensure they are held accountable and compensate you.
2: Other parties involved in the motorcycle collision might try to place some blame on you for the accident. We shall do all we can to minimize your liability of the accident and keep such baseless claims from tainting your chances of getting the maximum settlement.
3: We will investigate the incident to determine if there are other people or parties held responsible as we investigate what caused the accident. From the information we gather we then can seek compensation from all liable parties.
4: We might bring in various experts in different fields to help us investigate the accident and determine what your case is worth as we pursue the full compensation possible.
Nobody anticipates being in an accident when on the roads, but such events can happen to anyone at any time. The crash can be devastating, but we know that money awarded to you can make a difference in the days that follow the motorcycle accident. That is why our lawyers will be fully dedicated to helping you secure the maximum compensation. As a result, you can direct much of your efforts to getting better.
What Are The Statute Of Limitations For Motorcycle Accident Cases On Long Island?
Recovering from injuries sustained in a motorcycle accident can take time. But you cannot wait for that long before you start the process of pursuing your claim. Remember that the law places deadlines (statute of limitations) on when to file a lawsuit for personal injury claim. For your motorbike accident claim, you will have three years from the date of the incident to file your case. If you fail to do so within the stipulated period, then your claim will not be valid an you will lose the right to sue seeking compensation for your injuries.
However, the specific circumstance surrounding our case can influence how much time you have to act. The best action is to contact an experienced lawyer that specializes in motorbike collisions to help you. Our legal experts will review your case and advice you accordingly.
What If I Share Some Blamed For The Motorcycle Accident?
If that is the case of you believe you might be at fault, you do not need to panic. That fact that you should some blame does not mean you are responsible for the accident. If you are partly liable, then still can recover some compensation for your damages and losses. In the state of New York, fault is apportioned between the parties responsible for accident.
The shared blame does not disqualify you from pursuing your injury claim. It only affects the much you can be awarded. The deductions are issues based on your degree or percentage of blame for the accident. That means, if your fault is 25%, the compensation awarded to you will be reduced by 25%.
Given the probability of such instances in your pursuit for justice, you should consider working closely with an experienced and reputable personal injury attorney. The lawyer will fight for your rights and protect your interests. At Cellino Law, we shall do what we can to lessen your level of fault so that we improve your odds of securing compensation that will cover your lost wages and medical bills. Call us today at XXX-XXX-XXXX for non-obligatory case review and know how to proceed.