Motorcycle Accidents Attorney NYC
Rising Risks and Injuries in Motorcycle Accidents
The aftermath of a motorcycle accident can reveal an injured rider and, possibly, a passenger. The bike rider and passenger’s only protection are their helmets and clothing. The frequency of serious injury and death in motorcycle accidents continues to increase. According to the Insurance Information Institute, the number of injured motorcyclists went up from 88,000 in 2013 to 92,000 in 2014, a 4.5% increase.
Navigating New York's Motorcycle Injury Laws
As a team of New York motor vehicle attorneys, we can tell you that motorcyclists are four times more likely to be hurt in an accident than people traveling by car, and more than 30 times more likely to die in a crash than occupants of other types of motor vehicles. Furthermore, injuries sustained in a motorcycle accident are likely to be far more serious.
New York’s prohibitive laws regarding injury thresholds that apply to car accidents do not apply to motorcycle accidents. This means you can bring a claim for injuries you have sustained in a motorcycle accident without limitations based upon the severity of your injuries. Just as in car accidents, however, the negligence of another driver or entity must be proven for an award to be considered.
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Contact UsNew York Motorcycle Accident Statistics
Motorcycle accidents are a significant concern in New York due to the high population density and heavy traffic conditions. According to the New York State Department of Motor Vehicles (DMV), in 2022, there were over 4,500 motorcycle crashes across the state, resulting in more than 150 fatalities and thousands of injuries. These numbers highlight the dangers that motorcyclists face on New York's roads, where they are often more vulnerable than other vehicle occupants.
Fatalities and Injuries
Motorcyclists are at a higher risk of sustaining severe injuries or fatalities in accidents due to the lack of protective barriers. The DMV's 2022 report shows that approximately 80% of motorcycle crashes result in injury or death. Among these, head injuries are particularly prevalent, often due to the rider not wearing a helmet or the helmet not meeting safety standards.
High-Risk Areas
Certain areas in New York, particularly in New York City, are hotspots for motorcycle accidents. The city's congested streets and aggressive driving culture contribute to a higher incidence of motorcycle crashes. Data from the NYC Department of Transportation indicates that intersections are particularly dangerous for motorcyclists, accounting for nearly half of all motorcycle accidents in the city.
Contributing Factors
Speeding, alcohol use, and driver inattention are among the leading causes of motorcycle accidents in New York. According to the National Highway Traffic Safety Administration (NHTSA), alcohol was a factor in nearly 30% of fatal motorcycle crashes in New York in 2021. Speeding is another major factor, contributing to over 40% of fatal crashes involving motorcycles.
Age and Experience
The age and experience level of the motorcyclist also plays a role in accident rates. Younger riders, particularly those aged 18-29, are more likely to be involved in accidents, often due to a lack of experience or risky driving behaviors. Conversely, older riders, while generally more experienced, are still at risk, particularly in accidents involving other vehicles where the motorcyclist is not at fault.
Data Sources:
New York State Department of Motor Vehicles (DMV): http://dmv.ny.gov/statistics/motorcycle-crash-data
National Highway Traffic Safety Administration (NHTSA): http://nhtsa.gov/research-data/motorcycle-safety
New York City Department of Transportation: http://nyc.gov/html/dot/html/about/motorcycle-safety-report.shtml
How we Can Help Motorcycle Injury Victims
We take care of all matters necessary to help you get the financial recovery you need and deserve. Our attorneys litigate all types of injury claims involving motorcycles and motorcyclists, including:
- Claims arising out of a collision between a motorcycle and another vehicle, from crashes caused by failure to obey traffic signals or traffic laws to accidents caused by failure to pay appropriate attention to other motorists.
- Claims concerning a wrongful death.
- Claims in which a motorcycle accident resulted from dangerous conditions on the roadway, such as potholes, poor drainage, gravel, or road construction debris.
- Claims stemming from dangerous or defective parts or components on a motorcycle.
- Claims involving single-bike accidents, including so-called “phantom vehicle” accidents where damage or injury is caused without making physical contact.
Causes of Motorcycle Accidents in New York
Motorcycle accidents can result in severe injuries or fatalities due to the inherent risks of riding and various external factors. Here’s an in-depth look at the common causes of motorcycle accidents in New York:
Distracted Drivers
One of the leading causes of motorcycle accidents is driver distraction. Motorists who use their phones, adjust their radios or engage in other activities while driving may not notice motorcyclists, leading to collisions. Distracted driving significantly impairs a driver’s ability to detect and react to the presence of motorcycles.
Failure to Yield the Right-of-Way
Many motorcycle accidents occur when other drivers fail to yield the right-of-way at intersections or during lane changes. This can happen when drivers are not vigilant or misjudge the speed of an approaching motorcycle. Failure to yield often results in T-bone collisions or sideswipes.
Speeding
Speeding reduces a driver’s reaction time and increases the severity of collisions. Motorcyclists getting hit by speeding vehicles are more likely to suffer severe injuries. Speeding often exacerbates the impact of a crash, making it more dangerous for riders.
Alcohol and Drug Use
Driving under the influence of alcohol or drugs impairs a motorist’s judgment, coordination, and reaction times. This significantly increases the risk of accidents. Similarly, motorcyclists who are impaired may fail to notice or react appropriately to other vehicles on the road.
Lane Changes and Merging
Accidents often occur when vehicles change lanes or merge without checking for motorcycles. Blind spots and improper signaling can lead to collisions with motorcyclists who are in the same lane or adjacent lanes.
Aggressive Driving
Aggressive driving behaviors, such as tailgating, weaving in and out of traffic, and road rage, can lead to dangerous situations for motorcyclists. Aggressive drivers may not respect the space needed by motorcyclists and can cause collisions through reckless maneuvers.
Left-Turn Collisions
Left-turn collisions are a common cause of motorcycle accidents. When drivers make left turns at intersections or driveways, they may not see an oncoming motorcycle or misjudge its speed, leading to crashes.
Inadequate Vehicle Maintenance
Mechanical failures due to poor maintenance can lead to accidents. Common issues include brake failures, tire blowouts, and engine malfunctions. Regular maintenance and inspections are vital for ensuring that cars and motorcycles are safe to operate.
Poor Road Conditions
New York’s road conditions can contribute to motorcycle accidents. Potholes, uneven road surfaces, debris, and poor road markings can create hazardous situations for motorcyclists. Riders may lose control or crash when navigating these hazards, especially in adverse weather conditions.
Inclement Weather
Rain, snow, and ice can make roads slippery and reduce traction, increasing the risk of motorcycle accidents. Motorcyclists are particularly vulnerable to losing control in wet or icy conditions. In such weather, visibility is also reduced, making it harder for drivers to see and react to motorcyclists.
How Safety Gear Impacts Injury Claims
Buying the proper motorcycle accessories and safety gear can greatly reduce injuries that may result from an accident. Wearing a helmet not approved by the Department of Transportation (DOT) can affect the awarded amount in a case involving a head injury.
The loss of income, as well as cumulative medical bills over a lifetime, can total millions of dollars. All this is in addition to pain and suffering, rehabilitation, and occupational retraining.
Injuries That Can Result After a Motorcycle Accident
We can help you seek damages for all types of injuries, including road rash or burns, broken bones, amputation or loss of limbs, and spinal cord or traumatic brain injury. Spine and brain injuries can result in paralysis, diminished motor skills and cognitive abilities, and even death. Some of the serious head injuries from a motorcycle accident include:
- Concussion – The bruising of brain tissue caused by impact at high speed may result in headaches, nausea, dizziness, memory loss, and impaired coordination. Most concussion victims recover in time.
- Diffuse Axonal Injury – Severe, high-speed impact can cause a rotation of the brain within the skull. Motorcycle accidents are frequent, often fatal, causes of diffuse axonal injury. This type of injury is usually widespread and inoperable, leading to temporary or permanent impairment.
- Hematoma – Blood clotting between the brain and skull (epidural area) or surrounding the brain (subdural area) are the effects of hematoma. Some symptoms do not manifest for days. Immediate surgery is required when hematoma is discovered.
- Contrecoup – This is an injury caused by the brain striking the side of the skull opposite from the point of impact. Contrecoup is a common injury in motorcycle crashes. Helmets offer little protection against this type of injury, which may be inflicted by high-speed tumbling.
If you are involved in a motorcycle accident, dial 911 immediately and get medical help. Do not decide for yourself the severity of your injuries; shock can disguise injuries by masking pain. Take as many pictures of the scene as possible. Provide a full report to the police, unless EMS transports you before you have the opportunity to do so. Do not give any statement regarding the accident to insurance investigators; their main objective is to save the insurance company money, regardless of what they tell you.
Simple Steps to Remain Safe and Avoid Motorcycle Accidents
- Ride with the assumption that you and your motorcycle are invisible to other motor vehicle drivers.
- Leave plenty of space in front, back and to the sides from other vehicles.
- Anticipate trouble situations and know what to do when you see them.
- Beware of motorists turning left in front of you at intersections, as this is a leading cause of motorcycle accidents.
- Slow down as your motorcycle enters an intersection. If necessary, be prepared to make an evasive maneuver.
- Never drink or take drugs before riding a motorcycle.
- Don’t ride if you are on medication that makes you sleepy.
- Avoid riding at night, especially late Saturday and early Sunday when drunk drivers may be on the road.
- Don’t try to keep up with your friends who may be more experienced. Know your limits.
- Beware of taking curves you can’t see around. A parked truck or a patch of sand may be awaiting you.
- Do not give in to road rage and try to get even with another rider.
- If someone is tailgating you, either speed up to open more space or pull over to let them pass.
- Do not throw objects on the road behind you to warn a tailgater to back off.
- Take a motorcycle safety course to learn what to look for to avoid accidents.
- Wear protective clothing and accessories, such as jackets, gloves, and a helmet.
- Beware of riding your motorcycle into sun glare.
Motorcycle Helmet Laws and Lane Splitting Laws in New York
Motorcycle Helmet Laws
In New York, motorcycle helmet laws are designed to enhance rider safety and reduce the severity of injuries in the event of an accident. Here’s a detailed overview of these laws:
Mandatory Helmet Use
New York State requires all motorcyclists and their passengers to wear helmets that meet the standards set by the US Department of Transportation (DOT). This requirement is outlined in New York Vehicle and Traffic Law (VTL) § 381. The law mandates that helmets must be worn at all times when riding a motorcycle, regardless of the rider’s age or experience level.
Helmet Specifications
The helmet must be DOT-approved, which means it has passed rigorous safety tests to ensure it offers adequate protection. Helmets that do not meet these standards or that are not properly secured are considered non-compliant. Riders are also required to wear the helmet securely fastened under their chin.
Penalties for Non-Compliance
Failure to wear a DOT-approved helmet can result in fines and penalties. According to VTL § 381 (4), the fine for not wearing a helmet ranges from $100 to $150. In addition, riders who are stopped for helmet violations may face additional legal consequences if they are involved in an accident.
Lane Splitting Laws
Lane splitting, which involves a motorcyclist riding between lanes of slow-moving or stopped traffic, is not legally permitted in New York. Here’s a closer look at the laws regarding lane splitting:
Legal Status
Lane splitting is explicitly prohibited under New York State law. Although there is no specific statute addressing lane splitting directly, it falls under the general rules of the road for motor vehicles. According to New York Vehicle and Traffic Law (VTL) § 1129, motorcyclists are required to operate their vehicles within a single lane of traffic and are not allowed to pass between lanes.
Safety Concerns
Lane splitting can be dangerous due to the close proximity of vehicles and the potential for sudden movements by drivers. New York State's prohibition is intended to prevent accidents and injuries that may arise from this practice. The law aims to ensure that motorcyclists follow the same traffic rules as other vehicles, which helps maintain order and safety on the roads.
Potential Legal Consequences
Motorcyclists who engage in lane splitting may face legal consequences if caught by law enforcement. This can include fines or citations for violating VTL § 1129, which mandates that motorcyclists must remain in their designated lane and cannot pass between vehicles.
How NYC Motorcycle Accident Attorney Michael Lamonsoff "The Bull" Will Fight the Inherent Biases Against Motorcyclists
Motorcyclists often face inherent biases in the legal system and public perception. These biases stem from several stereotypes, including the belief that motorcyclists are reckless or engage in dangerous behavior more frequently than drivers of other vehicles. Such prejudices can impact how insurance companies, juries, and even law enforcement perceive motorcycle accidents. This can lead to unfair treatment and diminished compensation for injured motorcyclists.
Aggressive Advocacy and Reputation
Michael S. Lamonsoff, known as "The Bull," leverages his aggressive advocacy and formidable courtroom reputation to counteract these biases. His approach involves preparing every case as if it will go to trial, forcing insurance companies to confront the real possibility of a courtroom battle. By doing so, Lamonsoff ensures that the full extent of the injuries and damages sustained by motorcyclists is recognized and compensated fairly.
Collecting Comprehensive Evidence
One of the critical steps in fighting biases and ensuring fair treatment is collecting comprehensive and compelling evidence. Our team meticulously gathers all relevant information, including accident reports, witness statements, and physical evidence from the scene. We also obtain medical records, photographs of injuries, and expert testimony to build a solid case. By presenting a thorough and detailed account of the accident and its aftermath, we counteract any assumptions or biases that might arise against motorcyclists.
Challenging Stereotypes
Attorney Michael Lamonsoff "The Bull" has the skills, experience and resources to fight and dismantle the negative stereotypes motorcyclists face. Our legal team will present evidence of your responsible riding behavior to challenge the defendant's claims. This includes proving adherence to traffic laws, proper use of safety gear, and a clean driving record. By highlighting your commitment to safe riding practices, we will counteract any unfair biases that might influence the outcome of your case.
Demonstrating Responsible Riding
To further counteract biases, we focus on demonstrating that you were a responsible rider at the time of the accident. This involves presenting evidence such as maintenance records for your motorcycle, proof of safety training courses, surveillance camera footage (if available), and witness testimonies that confirm your responsible behavior. Our goal is to shift the narrative away from negative stereotypes and emphasize your commitment to safe riding practices.
Negotiating Aggressively with Insurers
Insurance companies will attempt to minimize payouts for motorcycle accidents due to the prevalent biases and misconceptions about motorcyclists. Our approach involves negotiating aggressively with insurers to ensure that you receive fair compensation. We will present comprehensive evidence and demonstrate the full extent of your injuries and damages to counter any attempts to undervalue your claim. By taking a strong stance in negotiations, we work to obtain the compensation you deserve.
Proactive Trial Preparation
While most cases settle out of court, we prepare every case as if it were going to trial. Insurance companies are aware that our firm is prepared to fight vigorously in court, which can lead to more favorable settlement offers. Our proactive trial preparation includes developing a robust case strategy, preparing witnesses, hiring automotive experts and accident reconstructionists, and conducting thorough legal research. This approach not only strengthens our negotiating position but also ensures that we are fully prepared to present a compelling case if a trial becomes necessary.
Types of Compensation Our Motorcycle Accident Lawyers in New York Can Recover for You
At the Law Offices of Michael S. Lamonsoff, PLLC, our skilled motorcycle accident lawyers in New York are dedicated to ensuring you receive full compensation for all your injuries and losses. Here’s a detailed look at the types of damages we can help you recover:
Medical Expenses
Medical expenses can be substantial following a catastrophic motorcycle accident, and they can include:
- Hospital Stay: Costs associated with your hospital admission, including room charges, surgeries, and medical treatments.
- Physical and Occupational Therapy: Costs for rehabilitative therapies needed to regain function and mobility.
- Ongoing Medical Treatment: Continuous care is required for long-term recovery or management of your injuries.
- Mental Health Counseling: Expenses for therapy or counseling to address the emotional impact of the accident.
- Medical Devices: Costs for any necessary medical devices such as wheelchairs or prosthetics.
- Healthcare Equipment: Expenses for specialized equipment needed for recovery, including mobility aids.
- Home Accommodations: Modifications to your home to accommodate your recovery needs, such as ramps or accessible bathrooms.
- Prescription Drugs: The cost of medications prescribed for pain, infection, or other treatment needs.
- Over-the-Counter Medications: Costs for non-prescription drugs required for pain management or recovery.
- Co-Pays: Out-of-pocket expenses for medical visits and treatments.
- Transportation Fees: Costs associated with traveling to and from medical appointments.
- Ambulance Bills: Expenses incurred for emergency transportation to the hospital.
Wage-Related Losses
When your ability to work is affected by your injuries, you may be entitled to compensation for:
- Lost Income, Tips, and Wages: Compensation for the income you have lost while unable to work.
- Loss of Future Potential Earnings: Compensation for the future income you may lose if your injuries impact your long-term earning capacity.
- Lost Sick Time, Vacation Pay, or Other Paid Time Off: Reimbursement for any accrued leave you have used or lost due to your accident.
- Loss of Employer Contributions to Your 401(k): The amount of retirement savings contributions you missed out on during your recovery.
- Loss of Employer Health Insurance: Value of the health insurance benefits you’ve lost due to being unable to work.
Pain and Suffering
Compensation for pain and suffering addresses the non-economic damages caused by the accident. This includes:
- Physical Chronic Pain: Ongoing pain that affects your quality of life and daily activities.
- Skin Scarring or Disfigurement: Physical marks or changes to your appearance due to the accident.
- Loss of Consortium: Compensation for the impact on relationships with family members due to your injuries.
- Reduced Quality of Life: The overall decline in your ability to enjoy life and perform everyday tasks.
- Mental Anguish: Emotional distress experienced as a result of the accident and your injuries.
- Embarrassment: Feelings of shame or discomfort caused by visible injuries or physical limitations.
- Indignity: The loss of dignity or self-esteem as a result of your injuries.
- Inconvenience: The disruption to your daily life and activities caused by your injuries.
- Fear or Apprehension: Emotional distress stemming from anxiety or fear about your future or the recovery process.
Contact Our New York Motorcycle Accident Law Firm Today
Once you are able to do so, contact an experienced New York motorcycle injury attorney, even if you are still in the hospital. It is important not to let too much time pass as memories fade and witnesses become harder to find.
An experienced motorcycle accident attorney will conduct a thorough investigation to determine the exact cause of the crash and who was at fault. If necessary, an accident reconstruction specialist may be brought in.
The NYC personal injury attorneys at the Law Offices of Michael S. Lamonsoff have the expertise and resources required to determine the true cause of the accident and to uncover any contributable negligence. Our attorneys will fight aggressively to win you the maximum award possible by settlement or verdict. If you have been involved in a motorcycle accident, contact a NYC motorcycle accident lawyer at the Law Offices of Michael S. Lamonsoff for a free consultation.