According to the National Highway Traffic Safety Administration (NHTSA), motorcycle accident deaths make up 15 percent of all traffic fatalities, despite the fact that they make up only 3 percent of all registered vehicles. This makes motorcyclists 28 times more likely to die in a crash than people in passenger vehicles. As an avid motorcyclist, this comes as no surprise to Daniel P. Buttafuoco. The injuries that result from motorcycle collisions are often severe, and can have devastating physical, financial, and emotional consequences for riders and their families. If you believe someone else’s negligence caused your accident, you may be entitled to compensation. Call a New York motorcycle accident attorney at Buttafuoco & Associates at 1-800-NOW-HURT to learn whether you have a case.
Causes of Motorcycle Accidents and Common Injuries
Other drivers’ carelessness is one of the most common causes of motorcycle accidents. Motorcycle accidents that are due to negligence often happen when drivers of passenger vehicles:
- Fail to check blind spots before turning or changing lanes
- Follow motorcyclists too closely
- Fail to see motorcyclists when making left turns at intersections
- Speed or recklessly drive
- Are distracted while driving
- Drive under the influence of drugs or alcohol
A vehicle following a motorcyclist too closely can cause a rear-end collision where the motorcyclist is thrown from their bike. Left-turning vehicles can cause serious oncoming crashes if they do not see the motorcyclist or misjudge the distance. Collisions are significantly more dangerous for motorcyclists than for drivers of passenger vehicles. Cars offer significantly more protection to passengers than motorcycles do, and even with protective safety gear, a high-impact crash can cause severe injuries.
Common injuries that occur after a motorcycle accident include:
- Traumatic brain injury
- Road rash
- Burns
- Lacerations
- Spinal cord injury
- Sprains, strains, and fractures
Many of these injuries can lead to lifelong disability, chronic pain, or disfigurement. If you have been seriously injured in a motorcycle crash, a motorcycle accident serving New York may be able to help. Buttafuoco & Associates believes in holding negligent drivers accountable for the injuries they cause. Get in touch to learn more about how to proceed if you believe you have a case.
Motorcycle Accident Insurance
As with any vehicle, you must register and insure a motorcycle before you can take it out on the road. However, unlike traditional vehicle accidents, motorcycle accidents do not fall under New York’s no-fault laws. The benefit, in this case, is that the serious injury threshold–which requires death, dismemberment, significant disfigurement, or other life-altering injuries–will not apply to your case. In other words, you may be able to more easily file a claim against the at-fault motorist.
Some of the losses you may be eligible to be compensated for include:
- Current and future medical expenses
- Lost wages and earning capacity
- Permanent injury
- Pain and suffering
- Emotional distress
While some of these losses such as medical bills can easily be assigned a dollar value, others are harder to monetize, so working with an experienced attorney is key. It’s also important to keep in mind that even if you were partially at fault for your accident, New York’s comparative negligence laws still allow you to recover a portion of your damages. The amount you can recover is dependent on the degree of fault of the other driver. For example, if the state determines that you were 20 percent at fault for the accident, you can still recover 80 percent of your damages.
Note that if the at-fault driver is uninsured or police are unable to find them, you may still have recourse through your uninsured motorist coverage or through New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC).
Determining Liability in a Motorcycle Accident
Because motorcyclists have a reputation for being reckless and careless, they are often at a disadvantage when officials attempt to determine liability after an accident. In some cases, officials may judge motorcyclists who ride without a helmet as “deserving” of their injuries. This makes it essential to have solid evidence showing how the accident happened.
Make sure you gather and preserve the following items:
- Photos or video of the accident scene
- Witness testimony
- Police reports
- The damaged vehicles
- Damaged clothing or safety gear
- Medical records
You and your attorney can use this evidence to establish that the other driver’s negligence caused the accident. Your lawyer may also bring expert witnesses such as an accident reconstructionist or a medical expert to testify.
Let Our Motorcycle Accident Attorneys Help You Settle Your Claim
After a serious motorcycle accident, you need to focus on recovering from your injuries–not on arguing with insurance companies or worrying about how you will pay your medical bills. The New York motorcycle accident attorneys at Buttafuoco & Associates will handle all aspects of your legal claims from start to finish and fight for your rights so you can receive the compensation you are entitled to.
Call us today to schedule a free case review: 1-800-NOW-HURT.