The Centers for Disease Control and Prevention (CDC) reports motorcycle accidents are a growing public health concern in the United States. With thousands of people killed each year and crash-related expenses exceeding $12 billion annually, there is definitely room for concern. A proper understanding of motorcycle rights, the main causes of motorcycle accidents, common injuries, fault, insurance, statistics, and lawsuits can shed light on this growing public health concern.
Motorcycle accidents are a serious issue. While drivers are usually able to safely walk away from a typical car accident, motorcyclists are not always so lucky. The absence of seat belts, airbags, and an enclosed metal structure puts riders at risk every time they hit the road. If you need representation, our attorneys are here to help.
Steps to Take Following a Motorcycle Accident
There are several vital steps that motorcycle victims should take as soon as possible after their accident. First, they should call 9-1-1 from the accident scene, if they are able, and report their accident to the proper authorities.
Afterwards, it’s crucial to consult with a legal professional to get advice tailored to your specific situation.
Here are some steps you should take:
- Ensure safety: Check yourself and others for injuries. Move to a safe location if possible, away from traffic.
- Call for Emergency Assistance: Dial 911 to report the accident and request medical assistance if needed.
- Exchange Information: Exchange contact and insurance information with the proper parties involved. Obtain the names and contact details of any witnesses.
- Document the Scene: Take photos of the accident scene, including the vehicles involved, damages, and any relevant road signs or signals. Make note of weather conditions and any other factors that may have contributed to the accident.
- Do Not Admit Fault: Avoid admitting fault or making statements that could be interpreted as an admission of guilt.
- Report the Accident: Report the accident to the police, even if it seems minor.
- Seek Medical Attention: Even if you feel fine, it's advisable to seek medical attention. Some injuries may not be immediately apparent.
- Contact Your Insurance Company: Notify your insurance company about the accident as soon as possible.
- Consult an Attorney: Consult a personal injury attorney like us who focuses on motorcycle accidents. They can help protect your rights and guide you through the legal process.
How to Choose the Right Motorcycle Attorney?
If you have been involved in a motorcycle accident, you are likely looking for a attorney to help you receive the recovery you deserve. This process can seem intimidating, but it certainly doesn’t have to be. By asking the right questions, you can better make an educated decision.
In the legal system, nothing beats experience. You want an attorney that won’t be surprised by the details of your case. At Rosenberg & Gluck, LLP, our attorneys have more than 100 years of combined personal injury experience. We have seen every type of case imaginable, yet we understand no two are the same. Let us put our experience to work for you.
Attorney, Michael Gluck, is one of our founding partners and has been riding sportbikes, cruisers, and standards for over 35 years. His passion for representing injured riders, and understanding of motorcycle handling, the causes of motorcycle accidents, and the degree of injury bike riders, has been instilled in our Firm. We understand no two accidents are the same, yet we are confident enough to handle any situation. We regularly see accidents involving lane crowding, turning in front of oncoming traffic, failure to signal, rear-end collisions, driving under the influence, falling asleep at the wheel, and more.
As it is in any field, reputation is vitally important in the legal system. Our attorneys are members of the Super Lawyers (top 2% in the legal profession) and have achieved the highest possible rating for ability and ethics as judged by other members of the legal profession (AV Martindale-Hubbell Peer Review Rated). We let our accolades and referrals do the talking for us.
At our office, we understand motorcycle accident victims face a number of challenges. With that realization in mind, we work alongside you to collect facts in an honest and forthright manner. Those facts are used to confront all parties involved and determine whether you have grounds for a personal injury claim. By letting our attorneys represent you, you can relieve your financial concerns and focus on healing.
Some of the ways we can serve you include:- Obtaining a copy of the accident report
- Hunting down relevant evidence
- Interviewing eyewitnesses and professionals (e.g., doctors, accident reconstruction analysts, etc.)
- Identifying and starting suit against negligent parties
- Dealing with the communication between the other party’s representatives and you
- Negotiating for an appropriate settlement
- Complying with New York’s deadlines
- Representing your case in trial
We are happy to discuss any questions you may have. When searching for an attorney, it’s important to find an attorney with years of experience and a solid reputation, and one who will clearly discuss contractual and financial issues.
Dealing With Insurance After an Accident
A serious motorcycle accident can mean thousands of dollars in medical bills. If you are not at fault, you should not be responsible for the cost. We are here to help, and to fight to get you the compensation you deserve so you are not left dealing with bills on your own.
For an insurance company to pay medical expenses and bills, they typically require accurate estimates and calculations. We have years of experience dealing with insurance companies and can help you accurately quantify the costs you face by calculating past bills, future medical treatment, lost wages, and pain and suffering.
Our attorneys work with experienced medical professionals, economists, and life care planners to provide an accurate medical prognosis of your condition and the future costs you can expect to face.
Here is a look at the types of compensation you may receive:
Medical treatment can be extremely costly, depending on the severity of injuries. Medical treatment in cases involving head trauma and spinal cord injuries can last for the duration of a person’s life.
Our legal team can deal with the responsible party’s insurance company after an accident to make sure you receive the proper compensation for all your medical bills, including present and future bills that cover your:
- Emergency transportation
- Surgeries
- Hospitalizations
- Diagnostic exams (e.g., bloodwork, x-rays, MRIs, etc.)
- Medications
- Follow-up appointments
- Assistive devices (e.g., wheelchairs)
Serious injuries can leave a person unable to work for an extended period. This can result in a loss of current and future income. Our attorneys will deal with all the necessary parties to determine compensation for the loss of wages.
Because of the stress and pain surrounding a motorcycle accident, those involved can often suffer emotional and physical suffering. To alleviate some of that pain, our attorneys can help you seek damages.
If you have been involved in a motorcycle accident, don’t fight your battles alone. Let our attorneys deal with the insurance companies after an accident on your behalf. We are prepared and willing to fight on your behalf and will make sure you don’t miss out on any settlements and reimbursements you deserve.
Whether you feel as though you have been mistreated by insurance companies or don’t know where to start, we will help you navigate the process. Don’t let complicated policies and laws hold you back. We know how insurance companies work and are fully capable of representing your interests.
Who Is at Fault?
We understand motorcycle rights and will work with you to make sure you receive fair representation every step of the way.
In any accident, there always seems to be one key underlying question: whose fault is it? In some motorcycle accidents, the blame is often shifted to motorcyclists for no reason. Even so, motorists often claim they are not to blame, but that is not always the case. That’s where an attorney from our team can help. Our motorcycle accident attorneys understand the issues of liability and responsibility.
Motorist negligence refers to carelessness or reckless behavior. This behavior includes cases where a driver does not see the motorcyclist, fails to yield to the right of way, is driving under the influence, or is traveling at an excessive speed for traffic conditions. Any one of these, or a combination of them, can prove a party’s fault.
Typically, we seek to prove another party’s negligence by demonstrating that the party was responsible for safely operating their vehicle, but they did not perform that duty. As a result, they caused your injury, and you suffered because of it.
It is entirely possible your motorcycle accident was the result of a manufacturer error. This could involve a malfunctioning part, improper setup, or any number of other causes.
The state owes drivers the right to operate their vehicles under safe road conditions. If there is excessive wear or other dangerous road conditions that could be prevented, liability could be assigned to the state. Unsafe road conditions include potholes, obstructed traffic signs, unsigned curves, unevenly paved roads, construction refuse, overgrown trees, and more. If you notice unsafe conditions on roads you regularly travel, contact the appropriate authorities immediately.
We use our many years of experience to make sure your case receives the attention it deserves. Whether you feel as though your motorcycle accident was the result of motorist negligence, manufacturing errors, unsafe road conditions, or any number of other causes, we will work to get you the outcome you deserve. If you are involved in an accident, make sure you take notes, document the scene, and record conversations whenever possible.
Answering the question, “Who is at fault?” is often tricky. But, we do our best to make sure it is answered in a fair and honest manner. To better understand motorcycle accidents, it is best to educate yourself about motorcycle rights in your state. For more information on rights in New York, visit the American Motorcyclist Association.
We work to make sure every witness has a chance to explain his or her understanding of the facts in an accident, and we will not rest until your case is resolved. While no two situations are ever the same, there are some common factors that can help answer the question, “Who is at fault?”
Motorcyclist Rights
Much like automobile drivers, motorcyclists have a number of rights. While those rights may vary from state to state, the idea remains the same: motorcyclists have a right to safety and protection while on the road. Because rules and regulations change so often, it is important for bikers to stay up to date.
State of New York Rights
In New York, there are clear-cut laws for both on-road and off-road biking. A proper understanding of these laws and rights is important to each motorcyclist.
Here are just a few key laws to be aware of:
- Eye protection is required for all bikers.
- Headlights are required at all times.
- Handlebars or grips must be equal to or lower than the operator’s shoulders.
- Helmet speakers may only contain a single earphone.
- Lane splitting is not allowed.
- Motorcycles may operate two abreast in the same lane.
- No straight pipes are allowed, and mufflers are required.
- If carrying a passenger, a footrest is required.
- Safety helmets are required.
- Turn signals are required for motorcycles manufactured in or after 1985.
- Eye protection is not required.
- Headlights are required after sunset.
- No sound limits.
- Operators between 10 and 16 years of age must have rider education certification.
Contact Us for a No-cost, No-obligation Consultation
Contact Rosenberg & Gluck, L.L.P. today to speak with a motorcycle accident attorney for free. There is no obligation, and you could start the process of your case today.
We are available 24/7 and will discuss your options – no strings attached. If you are unable to travel as a result of injuries, we can come to you. Call us today. We can assist you in Spanish if needed.
