With clear skies and sunshine, the summer months are sure to be the peak time for New York motorcyclists to head out on the open road. Due partly to rising gas prices, more people are using motorcycles than in recent years. In 2015, there were 8.6 million private and commercial motorcycles on the road. With more cyclists on the streets, there is a greater likelihood for a serious motorcycle accident to occur. According to the National Highway and Safety Administration (NHTSA), fatal motorcycle accidents occur 27 times more frequently than fatalities for other motor vehicles. A number of various factors contribute to these serious accidents, including errors by motor vehicle drivers and distracted driving. Since New York’s no-fault laws generally do not apply to motorcycles, these types of accident cases are handled differently from other motor vehicle accidents.
With clear skies and sunshine, the summer months are sure to be the peak time for New York motorcyclists to head out on the open road. Due partly to rising gas prices, more people are using motorcycles than in recent years. In 2015, there were 8.6 million private and commercial motorcycles on the road. With more cyclists on the streets, there is a greater likelihood for a serious motorcycle accident to occur. According to the National Highway and Safety Administration (NHTSA), fatal motorcycle accidents occur 27 times more frequently than fatalities for other motor vehicles. A number of various factors contribute to these serious accidents, including errors by motor vehicle drivers and distracted driving. Since New York’s no-fault laws generally do not apply to motorcycles, these types of accident cases are handled differently from other motor vehicle accidents.
Errors by motorcycle drivers and other motorists are prominent factors that contribute to catastrophic motorcycle accidents. One of the single most dangerous situations for motorcyclists are when drivers of other vehicles make a left-hand turn, or left-hand lane change, and then crash into the bike. These situations account for 42 percent of all motorcycle accidents that involve a car. The car usually strikes the motorcycle when the motorcycle is moving straight through an intersection, passing the car, or trying to overtake the car. These accidents are common between two cars, but the smaller size of the bike makes it even less visible to the turning vehicles. In most cases, a vehicle that strikes another vehicle while making a left-hand turn will be held at fault for the accident. However, if the motorcyclist contributed to the accident by being in the wrong lane or speeding, he or she may be held partly liable.
Drivers who are distracted while driving pose danger to other motorists on the road, especially motorcyclists. One of the most common forms of distracted driving is cell phone use. Just as alcohol and drug use inhibits a driver’s ability to be aware of their surroundings, so does using a phone while driving. It is important for drivers to stay off their phone and keep an eye out for motorcycles as some may be hard to spot due to their smaller size. The failure of motorists to recognize motorcycles on the roadways is a predominant factor in motorcycle accidents.
Motorcycles are not covered under New York’s no-fault laws and are generally excluded from its coverage for medical and lost wages. However, motorcyclists who are injured in accidents do not have to succumb to New York’s serious injury threshold limitations and may file a claim against a negligent driver for injuries within those restrictions. New York motorcycle accident lawsuits may provide compensation for medical expenses, lost wages, pain and suffering, future medical costs, loss of earning capacity, and loss of consortium. A plaintiff may bring a lawsuit against a driver, a motorcycle manufacturer or part manufacturer, or a municipality whose negligent actions resulted or contributed to the crash. In these cases, the plaintiff must prove that the defendant owed them a duty of care, breached this duty, the breach of duty resulted in the motorcyclist’s injuries and the cyclist was in fact injured.
Motorcycle accidents often result in serious injuries. If you or a loved one has been seriously injured in a motorcycle accident, it is important to seek the guidance of an experienced personal injury attorney. The New York accident lawyers at McGuire & Peláez P.C. handle various personal injury matters, including serious motorcycle accidents. For more information or to schedule a consultation, contact our Long Island motorcycle accident law office at (631) 348-1702.
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