When we think about accidents that occur on the road, we generally think about car accidents. Other types of vehicles such as motorcycles are involved in collisions as well. In fact, statistics show that motorcyclists may be more likely to get into collisions than drivers of cars, SUVs, minivans or trucks. Furthermore, when motorcyclists are involved in accidents they are more likely to die then drivers or passengers of other types of vehicles. Just like other types of auto accidents, the vast majority of accidents involve motorcycles occur because of negligence, meaning that a driver was breaking a traffic law. Because motorcycles provide riders with little protection, injuries sustained in accidents tend to be serious and can include a head injury. Victims face permanent disabilities, loss of careers, and substantial debt from medical bills. If you or a loved one has been injured in a motorcycle accident, it is imperative that you immediately contact a Westchester County motorcycle accident lawyer who will ensure that your rights are protected and who will work hard to ensure that you receive the compensation to which you are entitled.
Establishing driver negligenceMany motorcycle accidents would not occur but for the negligence of a driver of a car. 60% of accidents involving a motorcycle and car is the fault of the driver of the car. The most common cause of motorcycle-car collisions is a car turning right in front of a motorcycle. When a car and motorcycle collide, it is not uncommon for the driver of the car to claim that he or she never saw the motorcycle.
If your injury was caused because someone other than you was driving recklessly, then that reckless driver would be deemed legally liable. First you must show that the defendant had a duty to operate his or her car, SUV, minivan or truck in a safe way so as to not cause harm to other drivers, passengers or pedestrians. A driver who breaches this duty is negligent. For instance, if a driver fails to stop at a red light, then that driver would be guilty of operating his or her vehicle in a negligent manner. You must then produce evidence that as a result of being negligent the defendant caused your injuries and that you suffered a compensable loss. This means that even if the defendant was negligent, if the negligence did not cause you any harm or if you suffered only a minor injury such as a few scrapes and bruises, then you will not be able to recover damages in a personal injury lawsuit because you would not have suffered a compensable loss.
Motorcycle accident injuriesMotorcycle accidents can be serious leaving victims with life-changing injuries. A motorcyclist who is thrown from a motorcycle or collides with a car, SUV or truck at a high rate of speed may experience devastating injuries such as broken bones, damage to the spinal cord, or brain injuries.
Fractured bones in the arm, hand, fingers, ribs or leg are quite common in motorcycle collisions. Bone fractures are painful and can limit movement. They typically take at least 6-8 weeks to heal. They can take much longer if there are complications such as infection. Spinal cord injuries are very serious. Any type of damage to the spinal cord can affect sensation, and severe injuries could lead to permanent paralysis.
Even when a helmet is worn, motorcyclists who are thrown from their bikes sometimes suffer damage to the brain that is so severe that the victim suffers brain damage. Brain damage can mean a concussion, memory loss, dementia and other cognitive difficulties. It can also mean coma or death.
Pursuing a claim for negligenceIf the negligence of another driver caused the motorcycle accident that resulted in your serious injuries, the law gives you the right to file a personal injury claim against the negligent person for damages. The defendant may be ordered to pay your medical bills including your bills for your emergency room visit, hospital stay, surgery, rehabilitation, visits to your doctor and specialists, prescription medication, medical equipment and future related medical expenses. In addition, the negligent driver may be liable for other economic losses you sustained such as lost wages and compensation and loss of future earning capacity. In addition, you may be awarded non-economic damages such as pain and suffering. If a family member was killed, you may be awarded compensation based on a wrongful death claim.
The Law Offices of Stephen Bilkis & Associate can helpIf you were injured in a motorcycle accident that was caused by another person's negligence, the first thing you should do is seek medical assistance. You should then contact an attorney who understands both the legal issues and medical issues associated with motorcycle accidents. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience in handling personal injury cases stemming from all types of vehicle accidents, including motorcycle accidents, car accidents, and truck accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.