The primary causes of motorcycle crashes in New York are speeding and failure to yield the right of way, according to a study conducted by the New York State Department of Motor Vehicles (DMV) on 2014 motorcycle crash statistics. Distraction was also a major cause of motorcycle crashes, with improper passing and following too closely also producing high crash rates.
The DMV reports that for 2014, roughly 80% of motorcycle crashes were caused by human factors, while environmental factors accounted for just under 17%. Of the environmental factors, animals on the road and slippery pavement were the highest causes of motorcycle crashes.
Liability in a Motorcycle Crash
It is important to understand that the motorcyclist is frequently not at fault for a crash with a motor vehicle. Sometimes, even when only the motorcycle crashes and there is no contact with a motor vehicle, a negligent action on the part of the motor vehicle driver caused the motorcyclist to lose control.
If you were injured in a motorcycle crash caused by another driver’s negligence, they may be liable for your injuries. Driver negligence may include:
- A violation of a traffic law, such as an illegal turn
- Drunk or intoxicated driving
- Distracted driving
- Not using lights at night
- Drowsy driving
- And more
Sometimes, a negligent municipality is liable for a motorcyclist’s injuries if they leave a hazard in the road that causes the rider to crash. If a negligent mechanic fails to properly service a motorcycle, causing it to crash, the mechanic may be a liable party.
Serious Injuries in Motorcycle Collisions
Any of the primary causes of motorcycle crashes can injure a rider, but when a passenger car hits a motorcycle, the likelihood of serious injuries for the motorcyclist is high. Whereas passengers and the driver inside the car have protection and safety gear that may allow them to walk away from a crash with a motorcycle without any injuries, the motorcyclist could be facing a significant hospital stay from the same crash.
The DMV reports that 88% of all motorcycle crashes in New York in 2014 resulted in an injury or a fatality.
Traumatic Brain Injuries
For a motorcyclist involved in a collision, the possibility of developing a debilitating traumatic brain injury (TBI) is high.
According to the New York State Department of Health (DOH), about 25% of motorcyclists who were hospitalized after a crash in Suffolk County between 2012 and 2014 had a TBI. In Nassau County, that same figure was even higher, around 32%.
According to the Mayo Clinic, a person with a TBI can see a significant downward change in the quality of his or her life, including the possibility of seizures and being placed in a coma.
Some people will need extensive rehabilitation after a TBI. Even if some improvement is shown, the person may not be able to work in the same capacity or profession as he or she did before suffering a TBI in a motorcycle collision.
Defending Your Rights After a Motorcycle Collision
If you believe the negligent actions of another party led to the crash on your motorcycle, you have the right to attempt to seek damages from the responsible party’s insurance company in a claim or a personal injury lawsuit. You could receive reimbursement for medical bills, pain, suffering, and a reduction in your quality of life.
If the unthinkable happened, and your loved one died after a motorcycle crash in which the other driver was likely at fault, you have the right to seek damages in a wrongful death lawsuit.
These civil actions may require you to present evidence of both the responsible party’s negligence and the extent of your damages. A personal injury lawyer may be able to handle these tasks and build your case for compensation when they represent you.
Rosenberg & Gluck, L.L.P. May Be Able to Represent You
Rosenberg & Gluck, L.L.P. represents motorcycle crash victims and their family on Long Island. We know how devastating a motorcycle collision can be, and how it may leave you and your family with an uncertain future.
We are a full-service law firm. When you work with a lawyer from Rosenberg & Gluck, L.L.P. on your case, you can concentrate on healing while we handle the communications, investigations, and negotiations on your behalf. If the responsible party’s insurance company does not make you a fair settlement offer, we can take your case to trial.
Call Rosenberg & Gluck, L.L.P. today at (631) 451-7900 for a free consultation on your case with a member of our team. If it is helpful, our team can assist clients in Spanish as well.
We may be able to represent you on a contingency-fee-basis with no advanced payments necessary.