Riding a motorcycle through New York is an iconic image of popular culture. From a Scorsese classic to the video game Grand Theft Auto 4, the streets of the Big Apple have been used as a reference to create a scenario where the characters discover their surroundings and the city in general.
A motorcycle becomes the ideal vehicle in the middle of the buildings. This feeling was also recreated by filmmaker Wong Kar Wai in the scene of the movie Fallen Angels, where a motorcycle is seen crossing a bridge in Hong Kong.
Brooklyn is no exception to being considered an iconic city. In fact, in several films by Spike Lee, a director originally from Brooklyn, you can see the introduction of motorcycles as characteristic elements of the environment in which the characters developed.
Motorcycles can be subject to attachment for many reasons. From speed to feeling the need to avoid traffic jams or the not-so-fluid traffic of big cities, they also provide you with a feeling of lightness compared to moving in a larger vehicle. However, this speed attraction is also subject to certain legal limitations and regulations governing negligent behavior that could endanger pedestrians and others.
We don't want you to think that motorcycles should be excluded from your options for getting around if you're visiting Brooklyn. However, we do want you to consider some basic prevention measures: being in compliance with the rules, having car insurance, as well as being able to identify the most common causes or triggers of these events, as well as the consequences they could unleash.
Our Brooklyn motorcycle accident case attorneys are aware of the difficulties faced by riders. We are here to support victims as they deal with the fallout from a motorcycle accident, hold the negligent parties accountable, and pursue just compensation. We work to reduce the anxiety and stress that come after such events so you can concentrate on getting better.
Why You Need a Brooklyn Motorcycle Accident Lawyer
Motorcycle collisions can be devastating, causing physical harm, psychological suffering, and financial hardship. At The Ward Law, we think that those who caused your injuries should be held accountable for their deeds. Here's how our knowledgeable staff can help you:
Our process begins with a free, no-obligation case evaluation. During this initial consultation, we review the details of your accident and determine the liable party.
We meticulously gather evidence to establish how the responsible party caused your injuries. This includes examining police reports, consulting with medical experts, and interviewing witnesses.
Building a Strong Case:
With the evidence in hand, we construct a compelling injury claim, presenting your case in the most favorable light to demand full and fair compensation from the responsible insurance company.
If negotiations with the insurance company prove inadequate, we are prepared to take your case to court and represent you in front of a jury. Our law firm operates on a contingency basis, ensuring that you don't face financial risks or out-of-pocket expenses until you receive a fair settlement.
Types of Compensation You Can Expect
Following a motorcycle accident in Brooklyn, you may be entitled to various types of compensation, including:
1. Pain and Suffering: This encompasses physical and mental injuries resulting from the accident, such as emotional distress, broken bones, loss of enjoyment of life, and insomnia. We work diligently to ensure you receive fair compensation for these non-economic damages.
2. Medical Bills: Treating and rehabilitating motorcycle accident injuries can be costly. We pursue settlements that cover all necessary medical expenses, including hospital bills, nursing care, pharmaceutical costs, and future medical care like physical therapy.
3. Lost Wages and Reduced Earning Capacity: If your injuries prevent you from working or limit your earning capacity, the responsible party and their insurance company should compensate you for lost wages and potential future income losses.
4. Property Damage: Most motorcycle accident victims suffer damage to their bikes. We ensure the at-fault party pays for property repairs or the replacement cost if your motorcycle was destroyed during the collision.
5. Wrongful Death: Tragically, some motorcycle accidents result in fatalities. In such cases, we assist surviving family members in filing wrongful death claims to recover compensation for pain and suffering, loss of future income, loss of love, guidance, companionship, and funeral expenses.
Types of Motorcycle Accidents in Brooklyn
The types of accidents may vary over time as the city grows larger, new tracks are built, and the solutions that must exist alongside these improvements become more challenging. However, with the experience we have been able to accumulate over the years, we have identified a number of the most common types. For each case that has come to our offices, we have had to customize the strategy since recognizing what a client needs requires a process of active listening and exchange of ideas among the professionals of our firm to know what strategy will be best to take.
The following is a list of the most common accidents that we have identified during our years of experience in the field:
- Rear-End Collisions: In these situations, a vehicle strikes a motorcycle from behind, often causing severe injuries to the rider.
- Left-Turn Accidents: These accidents happen when a motorcycle collides with a vehicle making a left turn, typically at an intersection.
- Intersection Accidents: Brooklyn's busy intersections can be hotspots for accidents. When drivers fail to yield the right of way to motorcycles, collisions occur.
- High-Speed Crashes: High-speed accidents can result in catastrophic injuries. They often happen on highways or major thoroughfares.
- Lane-Splitting Accidents: In situations where motorcyclists ride between lanes of slow-moving or stopped traffic, accidents can occur if drivers don't see them or misjudge their movement.
- Sideswipe Accidents: These occur when a vehicle collides with a motorcycle while both are traveling in the same direction, often due to the driver not noticing the motorcyclist in their blind spot.
- Drunk Driving Accidents: Accidents involving a drunk driver can have devastating consequences. Alcohol impairs judgment and reaction times, making these crashes particularly dangerous.
- Distracted Driving Accidents: Drivers distracted by texting, eating, or other activities may not notice motorcyclists until it's too late, resulting in accidents.
- Hit and Run Accidents: In some unfortunate cases, a driver hits a motorcycle and leaves the scene without stopping to render aid or exchange information.
As we can see, these events include elements associated with human failures, such as distraction or falling into the negligence of drinking and driving. However, the element of human failure is not the only factor involved in these events because there could also be technical failures linked to vehicles or inefficient technical revisions.
Immediate Steps After a Motorcycle Accident
We know that being involved in an accident while riding your motorcycle through Brooklyn can be an emotionally difficult event to deal with. It is normal for some people to go into shock for a few seconds or feel emotions such as rage or extreme anxiety. The main thing to inspect should always be your condition, whether you are safe, and if you have any obvious injuries. Then, you should consider some basic aspects so that your chances of getting out of this type of situation are greater:
- Seek Medical Help: Your health and safety should be the top priority. Even if you feel okay, it's essential to get a medical evaluation, as some injuries may not be immediately apparent.
- Document the Scene: If you are physically able, try to document the accident scene. Take photos or videos of the vehicles involved, your injuries, and any road conditions or traffic signs that may have contributed to the accident.
- Contact Law Enforcement: Report the accident to the police. Their accident report can serve as valuable evidence when pursuing a personal injury claim.
- Notify Insurance: Contact your insurance company to report the accident. Provide them with accurate information about the incident, but avoid giving recorded statements until you've spoken with your attorney.
- Contact a Brooklyn Motorcycle Accident Lawyer: Reach out to an experienced Brooklyn motorcycle accident lawyer as soon as possible. They can guide you through the legal process, protect your rights, and help you seek fair compensation for your injuries and losses.
- Collect Witness Information: If there are any witnesses to the accident, obtain their names and contact information. Their statements may be valuable when determining liability.
- Preserve Evidence: Do not repair or dispose of your motorcycle until you've consulted with your attorney. Your damaged motorcycle can serve as crucial evidence in your case.
- Keep Records: Maintain a detailed record of your medical treatment, including doctor visits, prescriptions, and rehabilitation. Additionally, document any other expenses related to the accident, such as transportation costs or home modifications if necessary.
Common Causes of Motorcycle Accidents
Common causes of motorcycle accidents in Brooklyn include a range of factors that riders and drivers should be aware of. These factors often contribute to collisions, impacting riders' safety. Let's delve into these causes to shed light on the potential dangers riders may face:
- Distracted Driving: When drivers take their attention away from the road, whether due to texting, eating, or other distractions, they pose a significant risk to motorcyclists.
- Drunk or Impaired Driving: Operating a vehicle under the influence of alcohol or drugs can impair a driver's judgment and reaction time, leading to accidents involving motorcycles.
- Speeding and Reckless Driving: Excessive speed and reckless maneuvers can make it difficult for drivers to react to motorcyclists, resulting in collisions.
- Poor Road Conditions: Uneven road surfaces, potholes, or debris can be hazardous for motorcycles, leading to accidents when riders lose control.
- Weather Factors: Rain, snow, or ice can create slippery road conditions, reducing traction and making it challenging for both riders and drivers.
- Vehicle Defects: Mechanical failures or defects in motorcycles or other vehicles can lead to accidents when unexpected malfunctions occur.
Brooklyn and New York State Motorcycle Laws
Taking into account some legal basics about the laws or legal framework governing the Brooklyn jurisdiction can help you deal more efficiently with these types of events. For example, take into account the following considerations:
Helmet laws and requirements
According to New York Vehicle and Traffic Law Section 381(6), all motorcycle drivers and passengers are required to wear helmets that meet DOT requirements. The goal of this law is to lessen the likelihood of head injuries in motorcycle collisions.
Brooklyn-Specific Traffic Laws
Although Brooklyn typically abides by New York State traffic laws, there may be local laws and regulations that are unique to particular borough neighborhoods or streets. Motorcycle riders may be impacted by these laws, such as specific parking regulations or traffic patterns.
Implications of the New York State No-Fault Law
According to Article 51 of the New York Insurance Law, "no-fault" insurance is used in New York for car accidents. However, no-fault insurance benefits are frequently unavailable to motorcycle riders.
We will be happy to receive you at our new office, 535 5th Ave Suite 910, New York, NY 10017. It will be amazing to be in touch with the number (646) 956-2797. You will get a free consultation and evaluation case with us.
Frequently Asked Questions
- How long do I have to file a claim before it expires in New York? Personal injury claims, including those involving motorcycle accidents, typically have a three-year statute of limitations from the date of the accident. However, it's important to speak with a Brooklyn motorcycle accident attorney right away because specific circumstances might change this window of time.
- What if a helmet wasn't on me? Although wearing a helmet is required by law in New York, breaking the law could have an impact on your claim. It could serve as proof of negligence or contributory negligence. To fully grasp how this might affect your particular case, it is imperative to speak with a lawyer.
- How is fault determined in motorcycle accidents? Fault in motorcycle accidents is determined by investigating the circumstances surrounding the accident. Factors like traffic laws, witness statements, accident scene evidence, and the behavior of all parties involved will be considered. New York's comparative negligence laws may also play a role in assigning fault.
- Can I sue for emotional distress? Yes, it is possible to seek compensation for emotional distress resulting from a motorcycle accident, but it can be challenging to prove. Emotional distress claims typically require evidence that the distress was severe and directly related to the accident. Consulting an experienced Brooklyn motorcycle accident lawyer is crucial to pursuing such claims effectively.
These are just a few of the frequently asked questions related to motorcycle accidents. Every case is unique, so it's advisable to consult with a knowledgeable attorney who can provide tailored guidance based on the specific circumstances of your accident. An experienced attorney can help you understand your rights, navigate the legal process, and seek the compensation you deserve.