Bronx Motorcycle Accident Attorneys
Finding parking anywhere in New York is like hitting the lottery, but that is not the case when you use a motorcycle. With the amount of congestion in the Bronx, a bike is an energy-efficient and time-saving option for some.
While these vehicles have many advantages, the primary disadvantage is the risk of accidents and injuries. Bronx motorcycle accidents can lead to severe injuries and even death by an aggressive or careless driver.
If you are in a motorcycle accident, you will require the assistance of a Bronx motorcycle accident attorney. The Law Offices of Ivan M. Diamond are ready to help you. We represent people with serious and life-changing injuries, as well as families filing wrongful death claims. We obtain successful results for our clients, and we can advise you whether you have a claim at no cost.
A motorcycle accident can happen nearly anywhere in the Bronx. While the primary reason they happen is that other drivers on the road are reluctant to share the road, there are many different reasons an accident can happen.
The Bronx has many different areas where an accident can happen; most often, motorcycle accidents occur at:
- Third Avenue
- Grand Concourse
- Kings Highway
- Pelham Parkway
- E Tremont Avenue
- Bronx River Parkway
- Sheridan Boulevard
- Boston Road
- Westchester Avenue
- E Fordham Road
- White Plains Road
- Cross Bronx Expressway
Negligent drivers mustn’t get away with causing an accident. Each kind of accident has legal, physical, and mental challenges. You will need a Bronx motorcycle accident attorney to find all the compensation routes for your case.
Table of Contents
- Causes of motorcycle accidents
- Injuries from a motorcycle accident
- Who is liable?
- Compensation for a motorcycle accident
- Contact a Bronx motorcycle accident lawyer from The Law Offices of Ivan M. Diamond
Causes of motorcycle accidents
In one single year, 5,000 motorcycle accidents took place across New York. The most common causes of these accidents are driver error or vehicle concerns.
Motorcycle accidents with other vehicles account for 3,000 occurrences, and a minority involve three or more vehicles. These accidents result in 164 fatalities, the overwhelming majority being motorcycle riders. Motorcyclists are 40 times more likely to die in a traffic accident than people in passenger vehicles.
Many of these errors and lack of judgment can result in motorcycle accidents.
Specific causes of motorcycle accidents include:
- Vehicle issues: Defective brakes and faulty tires result in over 200 motorcycle accidents. There are many other malfunctions a vehicle, whether a motorcycle or a passenger car, can have. All motor vehicles require various parts to function. One cause of a malfunction is a faulty piece, and another is improper maintenance or installation of a vehicle part.
- Driver errors: Excessive speeds and distracted driving are prevalent in all motor vehicle accidents. Drivers can engage in careless behavior to cause a crash. However, motorcycles result from drivers failing to yield the right of way to a bike. Failure to yield accounts for 900 accidents in the Bronx and across New York.
- Environmental issues: Other concerns on New York roadways can cause accidents. New York experiences weather changes, so the roads are susceptible to the elements. Slippery pavements and defects on the road can cause devastation to motorcyclists and others. Local municipalities are in charge of maintaining these roads, and if they do not, Bronx residents suffer.
Specific accidents that are prevalent among motorcycles accidents are:
- Head-on collisions: The worst kind of motor vehicle accident is a head-on collision. Whether between two passing vehicles or a motorcycle and a passenger vehicle, these accidents result in fatalities. The leading causes of these harrowing accidents are drunk drivers, drivers swerving into other lanes, and drivers making wrong turns.
- Left-hand turns: Passenger vehicle drivers have difficulty acknowledging that a motorcyclist is making a left turn. Their failure to see the motorcycle causes the driver to ram right into the back or side of the bike.
- Run-overs: These accidents often happen as a secondary issue, where a motorcycle is thrown in front of an unsuspecting vehicle and run over. The driver has zero time to react and runs over the bike and the rider. These accidents are devastating and traumatizing to all parties.
- Speeding: When a driver goes above the speed limit, it takes additional time to stop and react to hazards on the road. The driver is not in control when they speed and will recklessly cause a severe accident when colliding with a motorcycle.
- Following too closely: Since motorcycles are smaller than most other vehicles on the road, many passenger vehicle drivers assume they do not need as much space between them and the bike. They will follow too closely behind a motorcycle which can cause a rear-end collision when motorcyclists need to stop abruptly.
- Road rage: There are many angry drivers in the Bronx, and when they encounter the slightest inconvenience, they react aggressively toward anyone in their path. Since motorcyclists have less protection, drivers will bully them, and a road rage incident will result. Another danger of road rage incidents is that these drivers are unwilling to stay at the scene. You may be in a hit-and-run accident because someone was in a bad mood that day.
- Distractions: Whether it is a visual, manual, or cognitive distraction, it causes drivers to focus on their surroundings and not the road in front of them.
- Lane switches: Passenger vehicles have several blind spots. Other drivers might not check their blind spots for motorcycles before switching lanes.
Injuries from a motorcycle accident
Motorcycle drivers and passengers will suffer severe injuries after any motor vehicle accident in the Bronx. The worst outcome is a fatality.
Some severe injuries you can suffer from a motorcycle accident in the Bronx are:
- Loss of function
- Road rash
- Permanent impairment
- Brain injuries
- Broken bones
- Crush injuries
- Head trauma
- Bone fractures
One of the reasons why motorcycle accidents involving passenger vehicles are so dangerous is because of the size difference: a motorcycle weighs about 700 pounds while a car weighs 4,000 pounds. Those are averages, and many other factors can affect the weight of either vehicle type. Additionally, motorcycles do not have adequate protection for an immense impact. Motorcycles are open without any surrounding structure like a passenger vehicle or commercial truck has.
Who is liable?
New York is a no-fault state, so motorcyclists must seek compensation through their insurance company. However, per New York Article 51, any accident that results in more than $50,000 worth of losses is eligible to file a lawsuit. Even under the premise of no-fault, it is essential to establish who was liable for the accident. The driver was the catalyst for causing an accident, especially one that resulted in a chain reaction.
Now, the no-fault insurance rule has changed regarding motorcycle accidents. Motorcycle accident victims can file a personal injury claim even for minor injuries. All of the legal aspects of these claims will vary depending on your circumstances, and it is vital to contact an experienced motorcycle accident attorney in the Bronx.
The negligent driver is a clear liable party in an accident, but they are not the only ones. Depending on the accident, a government entity or other party can also bear responsibility.
The parties you can name in the lawsuit aside from the other driver include:
- Local government: When road conditions are less than suitable for driving, or there are unmarked hazards, the local government can be liable for your accident and injuries.
- Motorcycle manufacturer: If your motorcycle has a defective part that the manufacturer failed to recall or offer a remedy for, you can sue them for damages. Manufacturers owe consumers a duty not to sell a dangerous product; if their product causes harm, they are liable for injuries.
- The other driver’s employer: Employers can require employees to drive within the scope of their employment. If the negligent Bronx driver who caused your accident is driving for work, the employer can also have a claim filed against them.
Your motorcycle accident attorney in the Bronx will investigate all possible avenues of liability and ensure your legal rights are protected.
Motorcyclists have rights
Other drivers can make the Bronx a dangerous place to drive a motorcycle, and while the statistics may frighten you, that should not prevent you from using your transportation of choice.
A motorcycle is legally classified as a motor vehicle and has the same rights to use the road as other motor vehicles.
The most notable rights and responsibilities a motorcycle has are:
- Only one passenger per seat is allowed
- The driver must have a foot on each side of the motorcycle
- Other drivers cannot deprive the motorcyclists of their right to use the road
- Motorcycles in New York have the right to use the entire lane and do not have to split the lane with other cars
The insurance company will often look for ways to lower a settlement by citing that the motorcyclist was driving recklessly when that was not the case. New York has safety requirements for motorcyclists in the Bronx, such as wearing eyewear and a helmet. Therefore, the insurance company must have proof that you were breaking the law, which they often do not.
Compensation for a motorcycle accident
There are several legal elements you will need to prove for a successful motorcycle accident claim. You may think you are ineligible for compensation for your damage, but there is always more than meets the eye. Since motorcycle riders have the option to file a personal injury claim even for minor injuries, compensation is not a far-fetched idea.
Winning a personal injury claim will result in payment for:
- Medical care: The amount of medical care you need for your injuries will vary due to the severity. More severe motorcycle injuries will require more medical care. Some of the treatments you will need after an accident include:
- Diagnostic tests
- Emergency room visit
- Ambulance ride
- Physical therapy
- Medical equipment
- Follow-up care and appointments
- Home and vehicle modifications
- Occupational therapy
- Mental health treatment
- Prescription medications
- Lost income benefits: You will likely need to miss work while recovering from the initial accident. You will be unable to return to work at all in some cases. You have the opportunity to recover damages for any time you take off for medical treatments, lost health insurance benefits, lost pensions, and any estimated loss earning you will suffer resulting from the accident.
- Emotional distress and mental anguish: The emotional pain and suffering you will endure have no price. When you suffer a life-altering injury, you must adjust to your new physical limitations. That can be difficult for many accident victims to process, and you will need psychological therapy. Your attorney will need to quantify your pain and suffering damages.
You can also obtain punitive damages when the defendant in your case was highly egregious. Various New York provisions can lower the amount of your claim, and you will need to work with a Bronx motorcycle accident lawyer who knows how these provisions work and can maximize your compensation amount. Obtaining the maximum payment for your claim is no easy feat, especially when taking these cases independently.
Wrongful death claims
Unfortunately, due to the severity of motorcycle accidents, many victims do not survive the crash, leaving their families to mourn and learn to live without them. The deceased’s family will have legal options to file a personal injury claim against the negligent party who caused the death of the motorcyclists. Wrongful death cases from motorcycle accidents are challenging emotionally and legally. You may not want to deal with the legal aspects, but you must so you can get justice for your loved one.
Contact a Bronx motorcycle accident lawyer from The Law Offices of Ivan M. Diamond
Attorney Ivan Diamond knows how difficult these accidents can be on victims and their families, which is why we dedicate our practice to maximizing recovery efforts. The Bronx is full of dangers everywhere, but that does not mean you should suffer without the justice you deserve for your injuries. Motorcycle victims suffer worse injuries than other vehicle accident victims.
Compensation is critical to moving on with the rest of your life.
Since you will undergo extensive medical care, staying patient throughout the process is essential. For a complete claim, we must wait until you reach maximum medical improvement.
When you reach this point in your recovery, we will better understand your permanent injuries and how they will affect the rest of your life. It is also essential to look for every possible liable party, as the more parties in your suit, the better your chances of obtaining compensation.
The Law Offices of Ivan M. Diamond
888 Grand Concourse Suite #1L, 10451
“Mr. Ivan Diamond is the definition of professionalism hard work. He’s my first experience with a lawyer (I retained him to represent me in two separate instances) … and he made it a pleasant one! He’s VERY hands on, very attentive, asked the questions, consistently checked up on me and prepared me for any and every possibility. Extremely knowledgeable. I recommend Mr. Diamond to friends and family who we’re all happy with outcome of their personal injury case’s. I consider Mr. Diamond to be family, because that’s how hard he worked for me and expressed real compassion for my circumstances. Hiring Mr. Diamond is a decision you will never regret..” – Bia S.
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The Law Offices of Ivan M. Diamond888 Grand Concourse #1L Bronx, NY 10451 Phone: (718) 588-2000 Ivan M. Diamond is available for home and hospital visits, as well as weekend and evening appointments.
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