Motorcycle Accidents

New York State No-fault Law considers motorcycles inherently dangerous and does not provide medical coverage to motorcyclists in case of an accident. Motorcyclists are not considered COVERED PERSONS under the no-fault regulations; therefore they cannot receive medical and loss wage benefits that a driver of motor vehicle would normally receive after an accident. Some insurance companies may offer additional coverage for medical bills and/or lost wages on a motorcycle policy, which can create contractual obligations, but the insurance company is under no statutory duty to offer no-fault coverage to motorcyclists. Motorcyclists must use their private insurance in order to pay for any accident related expenses.

Motorcyclist comes to a halt at a stop sign, cross walk, intersection or a traffic light, the driver doesn’t see the motorcyclist and rear ends the motorcycle. The most common car accident is a “fender bender.” However a fender bender can kill a motorcyclist.

Motorcycle is on the road when a car in another lane suddenly veers into the space it’s occupying. Remember, motorcycles are tiny and they can easily fit into blind spots. Drivers looking for cars aren’t psychologically programmed to see motorcycles and often miss them all together. Such lane changes can cause a fatal accident for the motorcyclist.

This is the most common motorcycle accident. A car fails to see a motorcycle or judges it’s speed incorrectly, turning in front of the motorcycle at an intersection. Blame inattention, distraction, blind spots and even psychology; a driver looking for cars perceives merely an absence of cars, not the presence of a motorcycle. This type of accident leaves the motorcyclist no choice but to ride straight into the car or getting hit by the car. In either case motorcyclist usually suffers serious and some times fatal injuries.

Crashes involving motorcycles and other vehicles account for 56% of motorcycle accident deaths. In the vast majority of these accidents, the car strikes the motorcycle from the front 78% of the time. Head-on-collision motorcycle accidents are the most dangerous and almost in all cases leave the motorcyclist with sever permanent injuries. Head-on collisions between SUVs and motorcycles are often fatal to the motorcyclist.

Cell phone use continues to play an increasing role in the number of accidents involving motorcycles. Often a biker is seriously injured or killed as a result of people texting and driving, especially when the accident involves a younger, less experienced drivers.

Our firm has qualified motorcycle accident attorneys; we investigate all aspects of every motorcycle accident. As a routine matter we obtain records that may show evidence of the at-fault driver using their cell phone at the time of the collision, whether it be a voice call or texting.

Even though cell phone use remains the biggest offender, its the total number of technological devices GPS units, iPods, tablets, etc., that are available to a driver. Use of such devices has resulted in a significant increase in total number of motorcycle accidents resulting in wrongful death and injury cases.

If you or someone you know has suffered serious injuries from a Motorcycle Accident, you may be entitled to a large money award.

There is no age legal restriction for passengers on motorcycles in New York State. However let common sense determine if a child is old enough and big enough to safely ride a motorcycle. Consider the additional risks faced by motorcycle passengers compared with passengers in a car protected with seat belts or child safety seats. If the child cannot place both feet flat on the passenger foot pegs of the motorcycles, then it is not safe for the child to ride the motorcycle. Generally if a child is not large enough to properly wear an approved helmet, then the child cannot legally ride on the motorcycle.

While there is no age restriction for passengers on a motorcycle in New York State, there are requirements for motorcycle passengers. Under Section 1251 of NYS Vehicle and Traffic Law, to carry a passenger:

The motorcycle must be designed to carry more than one person and the passenger must ride on a permanent seat.

The passenger must face forward, with one leg on each side of the seat.

The passenger cannot interfere with the operation of the motorcycle or the view of the motorcycle driver.

The passenger must wear a motorcycle helmet approved by the US Department of Transportation.

Although New York State law requires motorcycle riders to wear helmets, not everyone does – and even if they do, helmets don’t always prevent serious head and brain injuries. Injuries to the head and brain can cause lifelong problems and disabilities.

The name itself almost implies a less critical injury, but road rash can cause big problems if it is severe enough. When exposed skin scrapes across the pavement, the result can be deep lacerations and layers of skin being completely ripped off. If it is not treated properly, a motorcyclist could end up with an awful infection or permanent scars.

Broken bones are extremely common in motorcycle injuries because you have nothing to protect you from the impact of hitting the ground or another vehicle. The sheer force behind an accident is enough to fracture or shatter bones severely. Motorcyclists frequently find themselves with broken legs because if they tip over and don’t have time to get off their bike, it ends up crushing their legs.

Injuries to the spine can leave a person permanently paralyzed or disabled. Even if someone is lucky enough not to be paralyzed, he may still face serious, debilitating pain for the rest of the lives. Neck and Low back injuries resulting from motorcycle accidents are very common and in most cases permanent. Painful back surgeries are often needed to correct the injuries sustained from motorcycle accidents.