If you own a motorcycle, you know that the ride is often just as important as the destination. Careful riders make sure their bike is maintained and properly equipped, their helmet is U.S. DOT-approved, and they know all of the rules that are required with this vehicle.
Even if you carefully follow all the road rules, all it takes is one reckless motorist to alter your life forever. If you ever need a personal injury attorney to help file a claim, StolzenbergCortelli, LLP is your destination. A Yonkers motorcycle accident lawyer could build a case against the motorist, seeking compensation that is rightfully yours.
The most severe motorcycle crashes occur on roadways with higher speed limits. Both vehicles need more space to brake, and control is harder to maintain at these higher speeds. Motorists that sideswipe or clip motorcyclists at 70 mph will undoubtedly end in death or catastrophic injury for the motorcyclist.
The National Highway Traffic Safety Administration (NHTSA) estimates motorcyclists’ death toll after crashes is 28 times that of auto passengers. Injuries commonly resulting from motorcycle accidents are:
Because motorcycle accident injuries can lead to a lifetime of medical care and rehabilitation, the damages awarded by the jury must be substantial. StolzenbergCortelli, LLP’s motorcycle accident attorneys in Yonkers could fight to get an injured plaintiff a fair and substantial settlement in court if the insurance companies do not agree to a fair settlement.
To prove any personal injury claim, the plaintiff must show the defendant acted negligently by breaching their duty to behave as a responsible person would act in a similar situation, thus causing the plaintiff to be injured. The duty and breach are established when the motorist violates a traffic or criminal law, such as speeding or driving under the influence of alcohol.
The test for causation entails asking if the plaintiff would have been injured if the defendant had not taken the actions that they did. The plaintiff must also show the harm caused by the act, which medical reports can prove. At StolzenbergCortelli, LLP, a skilled motorcycle injury attorney in Yonkers could examine police and medical reports, collect video and camera images, talk to eyewitnesses, and consult expert witnesses to establish negligence after a motorcycle accident.
When motorcyclists are partially responsible for accidents that injure them, they can still collect compensatory damages under New York’s pure comparative negligence system.
The jury will assign a percentage of fault to the parties, and the plaintiff’s award will be reduced by that percentage, even if the plaintiff is more than 50 percent responsible. For example, if an intoxicated and speeding driver smashes into a motorcyclist who was not wearing a helmet, the jury might award the motorcyclist $1,000,000 but assigns 10 percent of the blame to them for not being protected. The award will be reduced by 10 percent to $900,000. If the reverse were true, the motorcyclist responsible for 90 percent of an accident would recover only the 10 percent attributed to the motorist, which would be $100,000.
Motorcyclists enjoy the unique experience that these vehicles provide but there can be a lot of risks involved. If a negligent motorist causes an accident in which you are injured, a Yonkers motorcycle accident lawyer from StolzenbergCortelli, LLP could help you get your life back with fair compensation for medical bills, lost wages, property damage, and pain and suffering. Send us a message and schedule a free consultation.