The state of New York is a wonderful place to explore on a motorcycle. Unfortunately though, riding a motorcycle is also inherently more dangerous than riding a car or other enclosed vehicle. The Centers for Disease Control and Prevention (CDC) report that between 2001 and 2008, more than 34,000 riders were killed, with an additional 1,222,000 treated in the emergency room for non-fatal injuries.
The added potential for serious injury or death is multiplied if the rider isn’t wearing a helmet at the time of an accident; a report published by the National Highway Traffic Safety Administration suggests that helmets are 37 percent effective in preventing motorcycle deaths among riders, and 41 percent effective for passengers.
Common Injuries Sustained in Motorcycle Accidents
Because motorcycles have no protection from external forces, riders often sustain brutal injuries as a result of motorcycle accidents.
Some of the injuries associated with motorcycle accidents include:
- head, neck, and spine injuries, which could result in paralysis;
- traumatic brain injury (TBI);
- broken bones, including those in the lower and upper extremities, as well as the skull; and
- lacerations or abrasions referred to as “road rash.”
In some cases, if damage to limbs is severe enough, riders involved in a motorcycle accident may require amputation.
Causes of Motorcycle Accidents
Motorcycle accidents can occur for a variety of reasons. Unsafe weather conditions may result in another car colliding with a motorcycle. Or other drivers may do so while distracted, fatigued, or even under the influence of drugs or alcohol, resulting in a wreck.
In some cases, a defective product may contribute to a motorcycle crash, placing liability on the manufacturer or distributor of the faulty part.
Motorcycle Helmet Laws
In order to help protect the lives of motorcyclists, New York law requires that all riders wear a helmet when on their bikes. The law also requires that passengers wear head protection. A fact finder may determine that a motorcyclist’s failure to wear a helmet contributed to their injuries, thus barring that person from receiving a portion of compensation for their injuries.
It is important to understand that New York follows a system of comparative negligence, which provides that those injured in an accident may still recover a percentage of damages for which they were not responsible. For example, if a motorcyclist is 10 percent responsible for the injuries, the rider may still recover the remaining 90 percent of his or her damages from the party liable for the motorcycle accident.
Lawyers at Gacovino & Lake Can Help
Our legal professionals understand how traumatizing it can be to suffer injuries in a motorcycle accident. But under Section 214 of the New York Civil Practice Law and Rules, the statute of limitations for personal injury is only three years, after which you may not be able to recover due compensation. So get started pursuing legal action so you can recover compensation for your New York motorcycle accident.
The attorneys at Gacovino, Lake & Associates, P.C. invite you then to act immediately by contacting us today. We can discuss the specifics of your case, and advise you on the best course of action. You can reach us by calling 800-550-0000 or via our contact form.
