Posts filed under motorcycle accidents

Roadway Accidents Involving Motorcycles

There are several million registered motorcycles in the United States and New York is one of the less than half of the 50 states that mandates the use of helmets.  The sheer number of motorcycle riders on the roads will obviously indicate that some are involved in accidents.  Even though helmets are required and worn by the majority of riders, serious injury and even death may result when motorcycles are involved in roadway accidents.

Hudson motorcycle accident attorneys are dedicated to representing the rights of injured motorcyclists and their families.  We know that most motorcyclists ride cautiously and responsibly, obeying the traffic laws of New York.  However, that is not the perception that many motorcyclists have earned due to popular media and other delinquent motorcyclists.

All motorists must operate their vehicles as would any other responsible and prudent driver under similar circumstances.  This includes seeing what there is to be seen, and even hearing what there is to be heard.  It does not matter whether you are in a truck, car, pickup, or a motorcycle, the duty of care will remain the same to act reasonable and prudent under the circumstances.  The standard based on what you are driving, however, will change what is considered reasonable or not (i.e., what is reasonable for a driver of a car will change from the driver of a truck when, for instance, the issue is not being able to stop due to wet roadway conditions).

Now that spring is here, motorists should expect to encounter more motorcycles on the road.  Driving responsibly includes the conscientiousness of being aware of these types of vehicles, using one’s senses to be on the lookout for motorcycles and to prevent motorcycle accidents. 

While drivers are not tasked with anticipating all possible roadway encounters, they too cannot simply avoid liability by saying, “I didn’t see the biker”.  This is because the offending driver‘s behavior is not looked at within a vacuum.  Rather, all of the facts surrounding the accident will be investigated and placed before a jury.  The motorcyclist’s attorney will then show that other responsible and prudent drivers under the same circumstances would have avoided the accident.

Thousands of motorcyclists die each year, and tens of thousands are injured by avoidable accidents in which there was no fault on the part of the motorcyclists.  Just because a biker drives a two-wheeled vehicle, a greater risk is not assumed.  In short, motorcyclists have rights and if injured by the negligence of another, contacting an attorney is prudent. 

Common injuries caused by motorcycle accidents are spinal injuries, soft tissue injury in the back, cuts, bruising, burns, road rash, fractures, concussions, traumatic brain injury, and injuries to other internal organs.  If another motorist has breached his or her duty of care, and such a breach was the proximate cause of your injuries, you may be entitled to compensation for your damages in a court of law. 

Knowing that motorcycle accidents do happen, be sure to do whatever you can to protect yourself from injuries.  Always wear a helmet.  Use protective and reflective clothing.  Keep your headlights on at all times.  Of course, always obey the law and never operate your motorcycle under the influence of alcohol and/or drugs.  Additionally, be mindful of weather and road conditions, avoiding the use of your motorcycle when weather conditions make such too risky. 

The attorneys at Greenberg and Greenberg handle motorcycle accident cases, throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

What are My Rights if I was Injured in a Motorcycle Accident?

Every motorcyclist knows the vulnerable position in which they sit while riding on roadways.  Vehicles with four or more wheels are naturally more stable, carry more weight, and are larger than motorcycles.  Automobiles, as compared to motorcycles, can also handle adverse road conditions better.  Perhaps the largest issue with motorcycles is that they are harder to see due to their narrow profile. 

While motorcycles by definition under New York law are not motor vehicles, motorcyclists must still follow the same traffic rules as automobiles.  The difference in legal definition is most significant under New York’s No-Fault Law. 

Experienced Hudson motorcycle attorneys know how this difference affects a motorcyclist’s ability to recover reimbursement for injuries sustained during a collision. 

Because motorcycles are not motor vehicles, New York’s No-Fault statute does not cover motorcyclist accidents.  This means that a motorcyclist is not statutorily permitted to receive medical benefits and lost wage benefits.  On the other hand however, motorcyclists can make a claim against other motorists for minor injuries because the No-Fault serious injury threshold will not apply to motorcyclists. 

Just a single day spent in the hospital can cost accident victims several thousands of dollars.  It is not uncommon to hear how motorcyclists spent several months recovering in a hospital after being struck by a motor vehicle.  With this in mind, consider the minimum insurance requirements for motorcyclists in New York.  It is $25,000 for each injured person and $50,000 for the death of a person.  These figures double for two or more persons. 

After considering these facts, you understand that insurance will most likely not fully compensate you for all of your medical costs.  Moreover, the amount of wages you have lost may not be fully reimbursed as well.  Your long term medical care costs might not be reimbursed.  Even uninsured motorist coverage or supplemental uninsured motorist coverage might not be sufficient to pay for severe injuries. 

Most motorcyclists are cautious drivers.  Your attorney will convey that to a jury when trying your case, always aware that you were not some speed demon on a bike, but rather you are the victim of a serious motorcycle accident.  An accident, like most motorcycle accidents, that could have been avoided if the other vehicle took the time to look for motorcycles and to “share the road”. 

If you or a loved one has been injured or killed in a motorcycle accident, you have rights.  An experienced Hudson attorney can help your recover medical costs and lost wages, among other things.  You have a limited time to commence an action, so call right away. 

The attorneys at Greenberg and Greenberg handle motorcycle accidents throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.