New York Motorcycle Accident Lawyer
Being involved in a motorcycle accident can cause devastating, life altering injuries. Riding a motorcycle poses additional risks compared to riding in a car because the same protections do not on exist that are available in an enclosed in motor vehicle. Furthermore, motorcyclists are more prone to accidents from road conditions and inclement weather. Injuries sustained from these accidents are usually serious and can include head injuries, spinal injuries, the loss of limbs, and bone fractures. Depending on the severity of the injury, a victim of a motorcycle accident may face permanent disabilities, face the loss of a job, and face enormous medical expenses. If you or a loved one has been injured in a motorcycle accident, contact an experienced New York motorcycle accidents lawyer at Stephen Bilkis & Associates as you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.Common Causes of Motorcycle Accidents
As in any vehicle accident, if another person was operating their vehicle negligently, causing the accident that resulted in your injury, then that negligent driver is liable. There are four elements that must be established to prevail in a negligence case.
- You must show that the defendant had a duty to operate their vehicle in a reasonable, safe manner so as to not cause harm to others. By law, all drivers in New York have that duty.
- You must show that the driver breached that duty. A driver who breaches this duty is negligent. In New York it is against the law to operate a vehicle in an unsafe manner. For example, if a driver follows another too closely, then that driver would be guilty of operating his or her vehicle in an unsafe manner and was therefore negligent.
- You must show that as a result of being negligent the defendant caused your injuries.
- You must show that you suffered a compensable loss. This means that even if the defendant was negligent, if the negligence did not cause you any harm, then you will not be able to recover damages in a personal injury lawsuit. Your medical records will be able to prove the extent of your injuries, and your medical bills will show that you suffered a compensable loss.
An experienced New York motorcycle accidents lawyer can help you prove that you have a case and are entitled to compensation.Motorcycle Accident Injuries
Motorcycle accidents are often serious, resulting devastating injuries. A motorcyclist who is thrown from a motorcycle or collides with a car or truck at a high rate of speed may experience potentially life-altering injuries such as broken bones, a spinal cord injury or traumatic brain injury.
A broken bone in the arm, hand, fingers, ribs or leg is a common motorcycle accident injury. Fractured bones are painful, can limit the mobility of the victim and require several weeks to heal.
A spinal cord injury can lead to permanent paralysis, changing your life forever. Even when proper head gear is worn, motorcyclists sometimes experience brain injury in a motorcycle accident. This can happen if the motorcyclist is thrown from the motorcycle and lands on his or her head.
Traumatic brain injury can led to a comma or vegetative state. It can also result in permanent injuries such as nerve damage, communication problems and cognitive problems. In addition to serious injury, sadly, motorcycle accidents often result in death. In a loved one was killed in a motorcycle accident, contact an experienced motorcycle accidents accident in New York about pursuing a wrongful death lawsuit.Pursuing a Claim
If the negligence of another driver caused the car accident that resulted in your injuries, you can pursue a claim against that person for damages. The negligent driver may have to pay for your emergency room visit, surgery, rehabilitation, visits to the doctor, medication, assistive equipment and future related medical expenses. In addition, the negligent driver may be liable for other economic losses you sustained such as lost wages or loss of earning capacity. The negligent driver may be ordered to compensate you for damage to your property, such as the damage to your vehicle. In addition, a court may award you non-economic damages such as pain and suffering or punitive damages.Notable New York Motorcycle Accident Cases
- Brown v. Walthour, 76 N.Y.2d 702 (1990). The court held that a motorist who makes a left-hand turn in front of an oncoming motorcycle is strictly liable for any resulting collision, even if the motorcycle was exceeding the speed limit.
- Turturro v. Turturro, 63 N.Y.2d 710 (1984). The court held that a motorcyclist who is involved in a collision with a passenger vehicle is not automatically contributorily negligent simply because he was riding a motorcycle, and that the facts of each case must be considered.
- Aronsen v. State, 112 A.D.3d 548 (2013). The court held that a motorcycle passenger who was injured in a collision with another vehicle was entitled to recover damages from the State of New York because the road was in a hazardous condition.
- Tawfik v. Murray, 68 A.D.3d 1128 (2009). The court held that a motorcyclist who was injured in a collision with a passenger vehicle was entitled to recover damages because the driver of the passenger vehicle was negligent in making a left-hand turn in front of the motorcycle.
If you were injured in a motorcycle accident, the first thing you should do is seek medical assistance. You should also contact an attorney who understands the legal issues associated with vehicle accidents. The experienced motorcycle accidents attorneys serving New York at Stephen Bilkis & Associates have decades of experience representing victims injured in vehicle accidents, including motorcycle accidents, car accidents, and truck accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve accident victims and their families in the following locations: Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.