Motorcycles offer less protection to riders and their passengers than most other vehicles and as a result, motorcycle accidents can often result in catastrophic injuries including traumatic brain injury, spinal cord injury, amputation, or even death.
The higher rates of catastrophic injury in motorcycle accident cases are the result of the following:
- the fact that motorcyclists are exposed to direct impacts and higher force levels since they do not have the metal frame of a vehicle surrounding them to absorb some of the forces involved in a collision.
- since motorcycles are lighter and smaller than other vehicles, even the smallest of impacts can cause a great amount of damage.
- because motorcycles utilize two wheels instead of four, motorcycles are more unstable and prone to crashes and are at greater risk for poor road conditions. For example, the potholes navigated by other vehicles without issue can present real dangers to those operating motorcycles.
- motorcycles may be more prone to collisions based on the fact that other drivers sometimes have a hard time seeing motorcycles because they simply aren’t as big as the other vehicles on the road. Because it’s harder to see them, drivers often don’t notice a motorcycle and fail to yield to it, cut it off, follow it too closely, or open the door of their vehicle directly into it.
Even when you are careful on a motorcycle, serious injuries can still occur. Plus, the insurance laws between automobile and motorcycle accidents are very different in New York. Overlooking a legal difference that may seem minor may be detrimental to your case. For example, New York has a no-fault law for car accidents, which means that insurance companies are required to pay for any medical expenses, lost earnings, and incidental costs resulting from an automobile accident, regardless of who was at fault for the crash. Unfortunately, this law does not apply to New York motorcyclists.
This means motorcyclists lose out on the benefits provided under this law, however, New York law also makes some important allowances for motorcycle drivers. Because the injuries they may face have a higher likelihood of being more severe and because they are not subject to the no-fault statute under New York law, motorcycle drivers in New York are not required to show that they meet the serious injury categories under New York law in order to bring a personal injury lawsuit as other drivers are required to do.
That is why you should be represented by a lawyer who has experience properly handling a motorcycle accident claim. Not only are we knowledgeable about the laws for motorcycles, but we are also experienced in automobile accidents, which puts you at an advantage when the accident involves your motorcycle and another automobile. If you or someone you know has been involved in a motorcycle accident, please contact Schiffmacher Cinelli Adoff LLP at 716-815-4722, or fill out the contact form. We’ll put our experience to work for you and do everything possible to win your case, so you’ll receive the compensation you deserve.