There were over 5,000 motorcycle accidents in New York in 2023, just under 200 of which were fatal. Many others caused significant and sometimes irreversible injuries, leaving victims with major medical bills and other losses. Motorcycle accidents are nearly always avoidable and are typically attributable to someone’s negligent conduct.
If you or a loved one were injured in a motorcycle crash, you will need exceptional legal counsel to prove liability and seek compensation for your damages. It starts with retaining a law firm that understands how to effectively advocate for clients in and out of the courtroom. For victims in Nassau and Queens, that firm is Bornstein & Emanuel, P.C.
Why Are Motorcycle Accidents So Bad?
It’s not an exaggeration to say that most motorcycle wrecks are catastrophic. The simple fact is that motorcycles are built differently than vehicles and their riders are put at a much higher level of risk. These are some reasons why motorcycle accidents tend to be so serious:
- Lack of a large metal frame: Unlike a passenger vehicle, motorcycles have no large steel frame to absorb the blow of a crash. Except for the safety gear, riders are directly exposed to impact.
- Less stable: Motorcycles only have two wheels, not four. Despite safety classes and precautions, the motorcycle is overall a less stable vehicle.
- Lighter and smaller: Motorcycles are smaller and weigh much less than a standard automobile. This size and weight imbalance makes a collision potentially deadly.
- Harder to see: Motorcycles are also more difficult to spot on the roads and highways of Nassau and Queens, especially in heavy traffic. Drivers should always be aware of motorcyclists who may be in their vicinity.
What Causes Motorcycle Accidents?
Before a victim can claim compensation for their motorcycle accident, they must show that the at-fault driver or some other party negligently caused the crash. These are a few of the most common reasons for these accidents:
- Unsafe lane changes: Drivers who either fail to signal or to check their blind spots before switching lanes can collide with a motorcyclist and cause major injury or death.
- Following too closely: Tailgating another vehicle is always unsafe, but doing so with a motorcyclist has the potential to trigger a severe crash.
- Failure to yield: If a driver doesn’t notice a motorcycle, or otherwise disobeys their duty to yield where necessary, the motorcyclist could get hurt.
- Unsafe turns: Anyone turning left at a traffic signal may not notice an approaching motorcyclist and make the turn anyway, causing a crash.
- Poor visibility: Since motorcycles are harder to spot in general, poor visibility due to heavy traffic, bad weather, and low lighting makes a wreck more likely.
- Opening doors without checking: Street parking is common in Nassau and Queens, but before opening doors drivers and passengers should check for approaching motorcycles.
- Speeding: Speeding is illegal and puts everyone at risk, especially motorcyclists who cross paths with drivers traveling above the speed limit.
- Drunk driving: A drunk driver is going to be even less likely to notice a much smaller and less visible motorcycle.
- Mechanical failures: Some accidents are due to problems with the motorcycle, which could point to liability on the part of manufacturers, parts suppliers, repair shops, and other non-driver parties.
Who Can Be Held Liable for a Motorcycle Accident?
Identifying the responsible party for your motorcycle collision is another critical step in winning compensation. In some cases, more than one party is liable. Depending on the facts of your case, all of the following could potentially be held accountable:
- Car, truck, or bus drivers
- Other motorcyclists
- Bicyclists
- Pedestrians
- Public or private transportation systems
- Government units responsible for road maintenance
- Road construction crews
- Motorcycle and parts manufacturers and suppliers
- Repair shops and mechanics
- Bars and restaurants that over serve intoxicated patrons
Establishing Liability in a Nassau or Queens Motorcycle Crash Case
The victim of a motorcycle accident has the legal duty of establishing the required elements of a negligence claim, which are:
- Duty of care: Every driver owes everyone else on the road (including motorcyclists) a duty to drive safely, obey traffic laws, and avoid behavior that could foreseeably cause injury to others.
- Breach: A breach in the duty of care occurs because of a negligent act or omission, such as the unsafe behaviors listed above.
- Causation: Next, the victim has to show that the at-fault party’s negligence directly caused their injuries in an accident.
- Damages: Finally, the victim must prove the nature and amount of their damages such as medical bills, lost wages, and pain and suffering.
Contact Our Nassau and Queens, NY Motorcycle Accident Attorney
After being in a motorcycle accident, all you want is to get your life back to normal as quickly as possible. Bornstein & Emanuel, P.C. is here to assist you in this process, and we’re ready to handle your case with the dedication and professionalism you deserve. Connect with us today to learn more.
Frequently Asked Questions About New York Motorcycle Accidents
Is lane-splitting legal in Nassau and Queens?
New York law does not allow motorcyclists to ride between vehicles in traffic, a common practice known as lane-splitting. It makes no difference whether the lines are solid or broken. If a motorcyclist is injured because they were lane-splitting, it could affect the amount of compensation they receive.
What if I were partially to blame for my accident?
There are different ways that a motorcyclist can at least partially cause their own injuries, including lane-splitting and failure to wear a helmet. Even if the motorcyclist is partly to blame, however, they can still receive compensation. The amount of money will be reduced by whatever percentage of fault the court assigns to the victim.
Is there a deadline to file a motorcycle accident case in New York?
A motorcycle accident victim has only three years from the date of the crash to file a lawsuit, or they may permanently lose the right to compensation. This deadline is known as the statute of limitations. However, it is strongly advised that you take action much sooner than the three-year mark to make a stronger case.
