Motorcycle collisions can lead to severe, long-lasting personal injuries, and they can also be fatal. According to data from the National Highway Traffic Safety Administration (NHTSA), nearly 5,000 motorcyclists were killed in vehicle collisions in the United States in 2018. The limited protection that motorcyclists have puts them at a much higher risk of death and injury in a collision as compared to other road users, such as the occupants of passenger vehicles and trucks.
Furthermore, due to their small profile, it can be harder to see motorcycles on the road. It is not uncommon for motorcyclists to be cut-off, sideswiped, or struck head-on by other vehicles. If you suffered injuries or losses of any kind in a motorcycle crash, contact Rosenberg & Gluck, L.L.P. at (631) 451-7900. Our motorcycle accident lawyers serving Patchogue can help you identify the cause of your collision and gather evidence to prove the fault of the responsible party.
For a free legal consultation with a motorcycle accidents lawyer serving Patchogue, call 631-203-1691
Motorcycle Collision Injuries and Losses
According to the NHTSA, motorcyclists are about 28 times more likely to be in a crash than those in a passenger car or large truck. Motorcycle collision injuries can be devastating, and victims may suffer from:
- Traumatic brain injuries, or TBIs
- Spinal cord injuries, or SCIs
- Cuts, abrasions, and road rash
- Contusions and broken or fractured bones
- Nerve damage such as torn, stretched, or pinched nerves
- Internal bleeding
- Internal organ damage
- Eye, face, and dental wounds
Data from one report published by the Centers for Disease Control and Prevention (CDC) showed that motorcycle collisions cost roughly $12 billion in one calendar year. These injuries can result in large medical bills and even missed time from work.
If you can prove that your motorcycle collision was caused by the negligence or recklessness of another party, you may be able to file a third-party claim. Compensation that you can potentially seek includes the cost of treatment for your injuries. This may include the cost of care for those injuries in the list above and others as well, as long as they were caused by your collision. You can also include the losses below in your lawsuit:
- Pain and suffering
- Lost income
- Lost earning potential
- Burial, funeral, and/or cremation costs if you lost a loved one in a collision
- Vehicle repair costs
- Incidental expenses that accrue due to your collision
Contact Rosenberg & Gluck, L.L.P. at (631) 451-7900 for a free case evaluation. Our motorcycle accident lawyers serving Patchogue can walk you through everything you need to know about filing a lawsuit, collecting evidence, evaluating your losses, and negotiating a settlement.
Patchogue Motorcycle Accidents Lawyer Near Me 631-203-1691
Common Causes of Motorcycle Collisions
The first step of any personal injury lawsuit is understanding how the crash that led to injuries or losses occurred. You can sue for compensation if you can prove that the actions of a third-party led to your collision. Identifying the at-fault party and determining how your crash occurred are the first steps you and your lawyer must take.
Common causes of motorcycle collisions may include:
- Driver issues: Including speeding, aggressive driving, reckless driving, drowsy driving, intoxicated driving, inexperience, or blind spot issues
- Environmental issues: Including narrow roads, road damage, dangerous curves, slippery surfaces, unexpected changes in traffic patterns, poor lighting, inclement weather, traffic control device malfunctions, poor lane marking, or uneven lanes
- Vehicle issues: Including brake malfunctions, cargo instability, tire blowouts, or parts malfunctions
If you were struck by a driver who was intoxicated, was speeding, or was driving aggressively, the driver could be responsible for your losses. If road damage or traffic control device issues caused your collision, you may be able to sue a municipal office or entity. You can hold a vehicle service, maintenance team, or even a vehicle or product manufacturer at fault if a part breakdown caused or contributed to the collision.
Building a Lawsuit
In general, before filing a lawsuit, you must determine the cause of your collision, identify the at-fault party, and evaluate your losses.
You may be able to hold an at-fault party responsible for losses if they owed you a duty of care, but they were negligent or careless in performing that duty. This applies to maintenance teams, civic municipalities, and drivers from whom you should be able to expect a certain level of care and competence when driving on the road.
If the negligent, careless, or reckless actions in question led to a collision and if you suffered losses as a result, then you may be able to sue for compensation.
Evidence that could support your case includes:
- Police reports
- Video or photo evidence
- Eyewitness statements
- Mobile use records
- Vehicle maintenance records
- Driving records of drivers involved
Evidence that can be used to quantify your losses include:
- Wage or salary slips
- Vehicle repair invoices
- Medical expense reports
The above are all examples of economic losses, but you may be able to sue for non-economic losses as well. These could include intangible losses such as pain and suffering, emotional trauma, anxiety, depression, and similar losses.
Such intangible losses are often difficult to quantify. A third-party lawsuit can be used to cover any economic losses not covered by insurance, such as pain and suffering losses that arise from your crash.
Common insurance policies that may apply to your case include the following:
- Liability coverage: Covers basic injuries and losses
- Collision coverage: May cover up to the book value of your vehicle
- Personal injury protection: While not required for motorcycles, if this coverage is in place, it will cover a portion of medical bills and lost wages
- Uninsured/underinsured coverage: Covers losses from collisions with uninsured, underinsured, or unidentified drivers
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Motorcycle collisions can be lethal, and they often lead to serious, long-term injuries. The law is designed to protect crash victims from the recklessness and negligence of others, and if you suffered losses of any kind in a motorcycle collision, we are here to help.
In New York State, you generally only have three years to file a personal injury claim, according to the New York Civil Practice Law & Rules (CVP) §214. Certain circumstances of your case could shorten your filing timeline even more, such as when pursuing a wrongful death or municipal case.
Contact Rosenberg & Gluck, L.L.P. at (631) 451-7900 to speak with our team today. Our motorcycle accident lawyer serving Patchogue can walk you through what you need to know and can help you file a lawsuit if your case warrants one.