New York City Motorcycle Accident
Unlike cars motorcycles provide riders with very little protection. There are no walls or frame to protect the rider and there is no airbag that will lessen the impact to the body during a collision. As a result when a motorcycle is involved in an accident the motorcyclist is at risk of suffering serious injuries. We at the Law Offices of Stephen Bilkis & Associates have over 20 years of experience representing victims of serious accidents, and are well aware of the physical, financial and emotional devastation a motorcycle accident can cause to a victim or his (or her) family. We are here to help by ensuring that the negligent defendant is held accountable, and that the victim receives the compensation to which he is entitled. If you or a family member was seriously injured in a motorcycle accident that you believe was another person’s fault, it is important you work with an experienced New York City motorcycle accident lawyer who understands personal injury law and legal issues that are specific to motorcycle accidents.Common motorcycle accident causes
While some motorcycle accidents occur because the operator of the motorcycle was negligent, most occur because the driver of a car behaved recklessly. Common causes of motorcycle accidents include texting while driving, driving drunk, speeding, making an illegal lane change, or failing to stop at a red light. Another common cause of motorcycle accidents are road hazards such as potholes, uneven road surfaces, and debris in the road. These types of road hazards have a much bigger impact on a motorcyclist’s ability to control his vehicle than the driver of car.
Proving liability in a motorcycle accident involves evidence that the elements of a personal injury case exist.
- Duty and breach. The defendant must have owed a duty of care to the defendant and the defendant must have breached that duty. Every person who operates a vehicle on the streets of New York has the duty to do so in a manner that does not put others at risk. If driver breaks a traffic law such as by failing to yield or by making an illegal lane change, then that driver would have breached his duty of care.
- Injury and causation. The victim must have suffered an injury and there must be a link between those injuries and the defendant’s breach. For example, the defendant car driver fails to yield to a motorcyclist who has the right of way. As a result the defendant collides with the motorcyclists. The motorcyclist breaks a leg in the collision. Thus, there is a causal link between the driver’s negligence and the victim’s injury.
- Loss. In order to recover damages, the victim must have suffered a compensable loss. If the defendant behaved recklessly and caused a motorcycle accident, but the victim was not injured and his motorcycle was not damaged, then the victim would not have a personal injury claim. On the other hand, if the victim was injured, went to the hospital and has receipts to prove the medical expenses, then the victim has a compensable loss.
Jeremy was riding his motorcycle several feet behind an SUV. Sandy, the driver of the SUV, drove erratically, swerving from lane to lane. According to witnesses, all of the sudden Sandy slammed on her brakes, causing Jeremy to crash into the back of the SUV. Sandy then drove away. Sandy was arrested about an hour later. Jeremy suffered a serious brain injury as well as a broken neck. He is in a coma. His, wife, children and the rest of his family are devastated. They contacted a motorcycle accident in New York City to discuss their options for making sure Sandy is held accountable for the devastation she caused.The Law Offices of Stephen Bilkis & Associate can help
Motorcycle accidents leave victims with devastating injuries. Victims are often in the hospital for weeks and many end up with permanent injuries. The financial devastation to the victim’s family is substantial, particularly if the victim was the primary breadwinner for the family. The experienced motorcycle accident attorneys serving victims in New York City at the Law Offices of Stephen Bilkis & Associates are here to help. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) 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.