Lower-extremity injuries are the most common motorcycle injury that occurs in crashes, according to the Accident Analysis & Prevention.
Lower-extremity injuries can include cuts, bruises, sprains, muscle tears, road rash, degloving injuries to the skin, knee injuries, and broken legs. Asphalt, gravel, and exhaust pipes can also injure the lower extremities in a crash. These injuries can require surgical treatment, skin grafts, and a significant healing time.
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Other Types of Motorcycle Injuries
Although lower-extremity injuries are the most common type of motorcycle crash injury, they are not necessarily the most severe. Upper extremity and head injuries can have serious consequences as well. Shoulder and arm fractures may occur when a rider impacts the car or the road. Internal organs can be damaged. Spine, neck, and head injuries can cause various forms of paralysis.
Accident Analysis & Prevention also reports that, when it comes to fatal motorcycle crashes, head injuries are the most common type of injury. These injuries can happen even with protective gear on, although a helmet does reduce the likelihood of a serious head injury.
The Centers for Disease Control and Prevention (CDC) reports that helmets saved over 1,800 lives in 2016 and estimates that 800 additional riders would have survived their crashes if they had been wearing a helmet.
Common Causes of Motorcycle Crashes
A variety of circumstances can lead to a motorcycle crash. Some of the most common include:
If a driver is not being vigilant about watching the road, they could miss an oncoming motorcycle when they are making a left turn against traffic. Failure to yield may make the driver liable for a collision.
It is easy for a motorcycle to slip into another driver’s blind spot without them realizing it. If the driver is not paying close attention, they could easily change lanes and hit the motorcyclist.
Any time a driver stops focusing on the task of driving, they are engaging in the dangerous practice of distracted driving. This can include visual and mental distractions, such as reading a text message, as well as manual distractions, such as taking their hands off of the wheel. Things like eating, texting, grooming, handling a pet, or using a GPS system can all distract a driver long enough to cause a collision.
Driver Negligence and Liability
If you were injured in a motorcycle crash caused by a negligent driver, they may be liable for your injuries in a personal injury lawsuit. In these types of cases, driver negligence may be established with evidence that the driver caused the crash by violating a traffic rule, such as:
- Failure to yield
- Running a stop sign or red light
- And illegal lane change
- Disobeying traffic signals
- Using a cellphone while driving
- And more
Evidence of driver negligence may include photos and videos of the crash scene, witness statements, traffic crash reconstruction expert testimony, and more.
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Recoverable Damages After a Motorcycle Crash
The types of damages that someone might be able to recover after a motorcycle crash depend on the severity of the injuries, the extent of financial losses, and other details related to the collision. Some examples of recoverable damages that victims may recover in cases like these include:
- Ambulance fees and emergency room treatment
- Hospital stays and surgical bills
- Doctor’s examinations, medication, and therapy
- Lost wages
- Future wages if they cannot return to work
- Pain and suffering
- And more
How the Statute of Limitations Could Impact Your Claim
Every state places a limit on the amount of time that you have to pursue damages in a lawsuit after any type of personal injury incident. In the state of New York, the statute of limitations for personal injury lawsuits is generally three years, per NY CVP § 214. Additionally, wrongful death claims are generally limited to two years from the date of death. Note that there may be exceptions to this rule that could require you to take legal action sooner, such as suing a municipality.
If you do not file by the time the statute of limitations runs out, you may be barred from recovering any amount of compensation in a personal injury lawsuit.
Rosenberg & Gluck, L.L.P. May Be Able to Handle Your Case
If you are suffering because of a common motorcycle injury from a collision caused by a negligent driver, we will work to hold them responsible for your losses and pursue damages in your case.
The team at Rosenberg & Gluck, L.L.P. will work to help you. We represent motorcycle crash victims on Long Island. When you hire us for your case, a lawyer from our firm will assist with the following:
- Communicate with all involved parties on your behalf
- Gather evidence related to your case
- Determine liability
- Build a comprehensive case with evidence of your damages
- Negotiate with the insurance company for a fair settlement
- Litigate in Court and take your case to trial if necessary
- Handle all deadlines and paperwork in your case
We operate on a contingency-fee basis with no up-front payments necessary. For a free, no-risk case review with a member of our team, call Rosenberg & Gluck, L.L.P. at (631) 451-7900. We can assist callers in Spanish as well.