Queens Motorcycle Accident Lawyer
A motorcycle accident can cause severe injuries and lead to lifelong disabilities. Being involved in a motorcycle accident can result in physical and emotional damage, expensive current and future medical bills, and loss of income.
By speaking to a Queens motorcycle accident lawyer, you can get information on how to proceed with a lawsuit and recover your financial losses. Motorcycle accidents can occur as a singular accident, against a car, against another motorcycle, or with a pedestrian. Talk to an experienced personal injury attorney today.
New York Motorcycle Accident Statistics
The New York State Department of Motor Vehicles compiled a report where they found that in 2014 there were a total of 4,750 motorcycle accidents. While the majority of the accidents were non-fatal, 142 of those accidents did result in a death. As a Queens attorney can further explain, the main causes of motorcycle crashes were found to be:
- Driver inattention
- Failure to yield the right of way
- Unsafe speed
- Following too closely
What Requirements Do Motorcyclists Have to Follow?
The state of New York requires motorcyclists to wear helmets. This rule applies to both drivers and passengers. Both must wear protective eye gear as well.
As for the motorcycle itself, it has to include at least one red reflector, at least one (though ideally two) rearview mirror, and a muffler.
When driving a motorcycle, only two motorcycles can ride side-by-side in a single lane.
Proving Negligence Caused a Motorcycle Crash
To recover compensation for injuries from a motorcycle accident, an injured person must prove that the other party was negligent. Negligence involves certain elements, all must be met in a successful injury claim.
The first element is that the party owed a duty of care to the injured party. Generally, the duty is to act as a reasonable person would in similar circumstances. So, in a motorcycle accident, the duty of care would be to act as a reasonable driver or pedestrian. The second element is that the duty was breached. This is met by showing that the person failed to act reasonably, usually by driving carelessly.
Next, the breach must have actually and proximately caused the injuries. Actual causation means that the injury would not have occurred but for the negligent party’s conduct. Proximate causation means that the injury was foreseeable and there was no intervening cause. An intervening cause is one that was unforeseeable and occurs between the negligent party’s conduct and the injury.
Lastly, there have to be actual injuries which are usually, but not limited to, physical injuries. A Queens motorcycle accident attorney can help individuals by presenting compelling proof of all these elements to a jury.
How Does Someone Calculate Damages in a Motorbike Injury Case?
New York follows a contributory negligence model when it comes to calculating damages. This means that both sides can be negligent, but that does not mean that a plaintiff will not recover just because they are partially at fault.
However, the amount a plaintiff will get in damages will be reduced by the amount of fault they have. For example, if an injured individual suffered $10,000 worth of damages but the jury found that they were 20 percent responsible for the accident, they will only recover a maximum of $8,000.
Call a Queens Motorcycle Accident Attorney for Help
Your lawyer will be able to help you in court by presenting the elements of negligence to a jury. Furthermore, if you do not want to go to court, your lawyer can help you reach a fair settlement agreement with the other side. Your Queens motorcycle accident lawyer can negotiate directly with the other party’s lawyer or they can negotiate with the insurance company on your behalf. Either way, your attorney is dedicated to working toward the best possible outcome in your case. Call Goldstein & Bashner now.