A motorcycle accident can be catastrophic. Most motorcycle riders who are involved in accidents sustain injuries. According to the National Highway Traffic Safety Administration (NHTSA), 82,528 motorcyclists were injured in police-reported crashes in 2021.
The aftermath of a motorcycle accident can be overwhelming, especially if you’ve been injured. You may feel disoriented and wonder what to do after a motorcycle accident. At The New York Personal Injury & No-fault Collections Law Firm, we understand the chaos and confusion surrounding an accident, so we’ve compiled the following list of steps you can take after a motorcycle accident to preserve your safety and legal rights.
Get Medical Help
If you’re in a motorcycle accident, call 9-1-1 for medical assistance. Depending on the extent of your injuries, emergency medical personnel may transport you to the hospital immediately. If not, however, you should still get medical attention as soon as possible. Sometimes a person does not immediately sense the extent of their injuries after an accident because their adrenaline can mask feelings of pain. You may have injuries you do not notice until several hours or days after the accident; if this occurs to you, seek medical attention for your injuries regardless of when you notice them.
A medical assessment immediately after an accident can also help if you plan to pursue a claim against an at-fault party. Getting your injuries documented right after the accident can help you prove that your injuries were caused by the accident. On the other hand, if you delay getting a medical assessment, the at-fault party may argue that something else caused your injuries.
Report the Crash to the Police
The next step for those wondering what to do after a motorcycle accident is to report the accident to the police. Under New York law, you must report an accident to the police and the Department of Motor Vehicles (DMV) if someone is injured or dies in the accident. If there are no accident injuries, you must report an accident with property damage of $1,000 or more to the DMV within ten days. Failure to do these things can result in the suspension of your license.
Filing an accident report with the police and the DMV can also help support a claim for damages. Often, when the police come to the scene, they’ll write down their impression of what transpired. They may also gather information, such as the other driver’s contact information and the names of any witnesses. All of this will be helpful should you decide to pursue a compensation claim.
Move to Safety
If it’s safe, move to the side of the road and away from traffic. Getting yourself to safety can prevent additional harm or injuries. If you cannot safely move to the side of the road, ask others on the road if they can help by putting up hazard lights, creating a barrier with their vehicles, or otherwise directing traffic away from you while you await the police and emergency medical personnel.
Gather Information from the Other Drivers and Witnesses
Gathering information from the other drivers can be extremely helpful if you’re wondering what to do after a motorcycle accident. Be sure to collect contact information from the other drivers. If property damage or injuries occur, the DMV requires you to exchange your driver’s license, insurance, and registration information with the other drivers involved. It’s a good idea to do this after any accident because, as discussed above, you may not be aware of the extent of your injuries or other damages until a few hours or days later.
You should also gather the names and contact information of any witnesses to the accident. This may include pedestrians on the street, passengers in other vehicles, or other drivers. Witnesses can help you build your case if you’d like to file a claim for damages against the at-fault driver.
Photograph the Scene of the Crash
If you are physically able to do so, take photographs of the crash scene. Considering photographing the following:
- Your motorcycle damage;
- The scene of the accident from different angles;
- Any other vehicles involved and the damage they sustained;
- Any road signs or traffic signals nearby;
- The condition of the road; and
- Any injuries you sustained.
You may have been immediately taken to the hospital, so you cannot take pictures of the accident scene. In this case, ask a trusted friend or family member to take photographs for you.
Report the Accident to Your Insurance Company
Next, you should report the accident to your insurance company, even if the accident was not your fault. New York’s no-fault insurance system does not cover motorcycles. This means you will ultimately have to file a claim against the at-fault party’s insurance company for your damages. However, your insurance company usually requires you to report any accidents regardless of who is at fault.
Be Mindful of What You Say
Be careful about what you say after an accident. You may feel compelled to say “I’m sorry” or something to that effect, even if you didn’t cause the accident. The other driver or an insurance company can use a seemingly innocent statement like that to claim that you caused the accident.
Be particularly mindful when discussing the accident with insurance companies. Keep your statements to the basic details required for a report or claim. Do not add any commentary. Additionally, do not agree to submit a written or recorded statement until after you speak with a motorcycle accident attorney.
Get in Touch with a Motorcycle Accident Lawyer
Contacting a lawyer with experience handling motorcycle accident claims is essential if you’re wondering what to do after a motorcycle accident. Because motorcyclists are not covered by no-fault insurance the injured rider’s only recourse is typically to file a claim with the at-fault party’s insurance company or, if necessary, to file a lawsuit.
Insurance companies are primarily worried about their bottom line. They have adjusters and attorneys that may attempt to minimize or dispute your claim. They may also offer you a low settlement amount, hoping you’ll be scared and desperate enough to take it.
You need an advocate who will fight for you so you can minimize your stress and get you fair compensation. A motorcycle accident attorney will fight for you. They will gather evidence of your accident, deal with your insurance claim process, estimate your damages, and negotiate with insurance companies and responsible parties. If the insurance company does agree to a fair settlement, an attorney can fight your case in court.
Contact Our Law Firm After a Motorcycle Accident
Motorcycle accident victims should not have to fight with insurance companies and figure out the legal process on their own while juggling medical appointments and their recovery. If you are wondering what to do after a motorcycle accident to get compensation for your damages and lighten your burden, contact The New York Personal Injury & No-fault Collections Law Firm today. Our attorneys have extensive experience representing Long Island motorcycle accident victims in getting the compensation they deserve. We are zealous negotiators and do not hesitate to go to court for our clients. You do not have to handle this stressful experience alone. Contact our office today online or by calling 1-833-TONALAW.
According to the Insurance Institute for Highway Safety, there were a total of 5,579 motorcyclist fatalities in the year 2020. The data reflects an 11% increase when compared to the number of fatalities in 2019. In addition, according to the National Highway Traffic Safety Administration, motorcyclists were about twenty-eight times more likely than passenger vehicle occupants to die in a motor vehicle crash and were four times more likely to be injured.
Motorcyclists are more susceptible to serious injuries and fatalities for multiple reasons, including heightened exposure to the elements and other vehicles, their low visibility, and their instability when compared to passenger vehicles.
Seek Medical Attention
After an accident in Long Island, seek medical attention regardless of whether you believe you sustained minor injuries or none at all. The medical professional will be able to assess you appropriately and diagnose any immediate injuries. Additionally, your doctor can tell you what to look out for to see if you’ve sustained an injury.
If you neglect medical treatment following a collision, you may have a harder time recovering damages. Know that the sooner you seek treatment, the better your chances improve both for making a full recovery and for fully recovering your financial losses.
In addition, it is crucial to document your injuries after your accident. Take pictures of any physical injuries you have sustained, including any swelling or bruising. Also, keep a detailed journal of the amount of pain you are experiencing and how your injuries are affecting your daily life. This includes your ability to perform everyday tasks, your inability to engage in activities you enjoy, and any time you were unable to work. This information will help your attorney determine the proper monetary amount in damages in your case.
Document the Scene
If you can, it is important to gather evidence surrounding the crash. Motorcyclists should ask for the names and contact information of any witnesses who observed the accident. Information provided by witnesses could provide helpful insight into what caused the accident and help verify your version of events. This is especially important when the defendant’s version of events differs from your own. Next, document the circumstances surrounding the accident. Key facts to take note of include: the weather conditions on the day of the accident, the damage to your vehicle and the other vehicle, nearby landmarks, the traffic pattern, and the condition of the road.
Motorcycle Accident Laws in New York
Typically, no fault law governs car accidents in New York. No-Fault law allows injured parties to recover medical expenses, lost earnings, and incidental expenses from their insurance company, regardless of who was at fault for the accident. However, the no fault law does not apply to accidents involving motorcycles because the law views them as inherently dangerous.
New York law provides a few exceptions for motorcyclists who are involved in an accident. To file a claim after an accident, drivers operating passenger vehicles must prove that they sustained serious injuries. However, motorcyclists involved in an accident are not subject to this requirement. Motorcyclists may file a claim for damage resulting from their accident even after sustaining only minor injuries. However, those injured in a motorcycle accident in Long Island, New York have only three years from the date the accident occurred to file a claim.
Contact An Experienced Motorcycle Accident Attorney
Seeking treatment as soon as possible will increase your chances of making a full recovery and recovering your financial losses. We at The New York Personal Injury & No-fault Collections Law Firm know that injuries can range from minor to severe, even fatal in the worst cases. The experienced team at our firm will fight for your rights and fight for the compensation you deserve. To discuss your case with our team, please feel free to call 1-833-TONALAW today. You can also contact us online.
Long Island can be a motorcyclist’s dream, especially in the summer. Motorcycle riders love exploring our beaches, towns, and diverse scenery with the freedom that a motorcycle offers. Unfortunately, however, motorcyclists face far more dangers on the road than other drivers. A motorcycle offers no protection for riders, making injuries common, especially from negligent drivers.
Motorcyclists, thus, must be proactive in protecting themselves with motorcycle safety gear. Some riders ignore the recommended motorcycle safety gear lists, which can lead to serious injury and death.
Motorcyclists cannot avoid all potential risks on the road, but purchasing quality motorcycle safety gear can go a long way toward preventing severe or even fatal injuries. The New York Personal Injury & No-fault Collections Law Firm team has compiled a motorcycle safety gear list to help you stay safe on the road.
Motorcycle Safety Gear List
Purchasing quality motorcycle safety gear is essential to your safety on the road. Below is a motorcycle safety gear list with some essential items. Riders sometimes complain about the cost of purchasing quality safety gear. However, your life is worth the relatively low cost you’ll spend on quality motorcycle safety gear.
A Helmet
A helmet is first on our motorcycle safety gear list for a good reason—statistics show that wearing a Department of Transportation (DOT) approved motorcycle helmet can save your life on the road. According to the National Highway Traffic Safety Administration (NHTSA), helmets are 37% effective in preventing motorcycle driver fatalities and 41% effective in preventing motorcycle passenger fatalities. According to estimates by the Center for Disease Control published in 2017, 749 lives could have been saved that year if all motorcyclists had worn helmets.
Not only can wearing a helmet save your life, but wearing a helmet can also keep you from getting a ticket. New York was the first state to implement a universal helmet law. This means all motorcyclists and their passengers must wear a DOT approved helmet.
It’s important to note that not all helmets are acceptable. Many helmets may appear acceptable to the untrained eye but are useless in an accident. Look for a helmet with a DOT symbol on the back. The NHTSA has a helpful guide on how to find a safe helmet that fits you for the best protection possible.
Eye Protection
Another crucial piece of motorcycle safety gear is eye protection. A stray pebble can cause a major accident if you drive without eye protection. Additionally, like with helmets, New York motorcyclists are required to wear protective eyewear. While most DOT approved helmets come with protective eye and face coverings, if you purchase your eye protection separately, be sure it is also DOT approved.
Boots
In the heat of summer, the last thing you may want to wear are motorcycle boots. People wear sneakers all the time on motorcycles. However, boots are an important element of your motorcycle safety gear because they protect your feet and ankles from injury.
When riding a motorcycle, your feet are just inches away from the street, engine, and exhaust pipe. If sneakers hit the fast-moving pavement, they’ll be destroyed quickly, exposing your feet to injury. Plus, sneakers are not heat resistant and can easily melt if exposed to your engine’s heat. Motorcycle boots, on the other hand, are typically made of durable materials like leather to prevent injury. As such, they stand up better to the street and the heat from the engine and exhaust pipe and are essential to your safety on a motorcycle.
Gloves
Protecting your hands from the elements is critical to controlling your motorcycle. Plus, if you fall, you will instinctually attempt to break your fall with your hands, making them the first thing to hit the ground. That’s why we have included gloves on our motorcycle safety gear list.
Not only do a good quality pair of motorcycle gloves offer protection, but they also allow you to get a better grip on the motorcycle’s handlebars. Your hands may be sweaty in the summer, and there may be snow in the winter or rain during any season. Moisture on your handlebars will cause your hands to slip, and you could lose control of your bike. However, the proper gloves can provide grip even when the elements work against you.
Heavy-Duty Clothing
“Dress for the slide, not for the ride.” This old biker idiom reminds motorcyclists that protecting your body is far more important than looking cool on a motorcycle. You should wear long pants and shirts with long sleeves to protect you from potential sunburn. Plus, your clothes should be made of a durable material like denim, leather, or other protective materials to protect your body and skin during a fall.
Many motorcyclists invest in armored motorcycle gear for maximum protection. Armored motorcycle safety gear is typically constructed with high-density foam with carbon fiber or Kevlar abrasion panels to protect your vital organs and body parts. Armored motorcycle gear comes in a variety of pieces, such as jackets, vests, and pants and offers some of the best protection for bikers available on the open market.
A Jacket
The next item on our motorcycle safety gear list is a jacket. Not only does it cover your arms to protect from sunburn, but it can also provide protection in the event of an accident. Since motorcyclists are constantly exposed to the elements, a jacket can also help protect you from the elements such as wind, rain, sleet, and snow.
Your jacket, like your clothing, should be made of durable material. Think leather or denim rather than a windbreaker. You can also invest in an armored motorcycle jacket for maximum comfort and protection.
Night-Riding Gear
If you plan on riding at night, invest in brightly colored or reflective clothing to be easily visible to other drivers on the road. You can also purchase reflective strips and attach them to your clothing. Avoid wearing dark colors when you ride at night. As a motorcyclist, you should take all precautions you can to be visible to others on the road for your own safety.
What Not to Wear on a Motorcycle
We’ve described motorcycle safety gear that can help prevent injury or death should an accident happen. However, knowing what not to wear on a motorcycle is equally important to your safety. Some items you should avoid wearing on a motorcycle include:
- Sneakers, tennis shoes, sandals or dress shoes;
- Headphones or earbuds;
- Scarves;
- Shorts or skirts;
- Loose clothing;
- Half helmets or used helmets;
- Dark clothing, especially at night; and
- A heavy backpack.
This list is not exhaustive. When in doubt, stick with wearing items from the motorcycle safety gear list in the section above.
Contact Our Law Firm for Your Motorcycle Injury Case
Accidents still happen even if you wear all the recommended motorcycle safety gear on our list and take every other precaution possible. Although the safety gear may help prevent serious injuries, you may still have extensive medical bills and injuries due to an accident caused by a negligent driver. Fortunately, the client-centered attorneys at The New York Personal Injury & No-fault Collections Law Firm can help. Our Long Island motorcycle accident attorneys treat every client with compassion and respect while aggressively fighting for their right to fair compensation under the law. Contact us today for a free case evaluation.
Despite what most of us would like to believe, studies have shown that our brains simply cannot perform two or more mentally demanding tasks at the same time in an effective way. Driving is one such mentally demanding task that requires your full concentration.
What has become clear, thanks to these studies, is that our brains toggle between tasks. In other words, our focus shifts back and forth between the two tasks. One task receives our attention while the other falls to the side. It goes back and forth in this manner until one or both tasks are completed. The idea that you can truly focus on two tasks at once is, therefore, a dangerous myth.
Because of the risks of distracted driving, always keep your focus on the road. Be wary of anything that can cause your mind to wander, your eyes to move from the roadway, or your focus to otherwise wane. There are three main types of distractions worth taking a closer look at:
- Visual
- Physical
- Mental
1. Visual Distractions Caused By A Wandering Eye
The first type of distraction is visual. You take your eyes off the road, no matter how quickly, to look at something else. It may be your passenger, a billboard, your radio, or a pedestrian. One of the most common visual distractions in today’s modern age is the cell phone. Whether you are holding your phone in your hand or looking at your phone’s screen via your visual dashboard, you are distracted.
Here is a fact: You are four times more likely to be involved in a car accident if you use your phone, in any manner, while driving.
2. Physical Distractions Cause You To Let Go Of The Wheel
As soon as you take one or both hands off the wheel to do something else, you are said to be physically distracted. Think of all the things you do or have seen others do while behind the wheel. Eating, drinking, grooming, touching a person or pet, changing the station on the radio, grabbing something out of a bag, etc. All of these things are physical distractions. They mean that your hands are maintaining your steering and that, in an emergency situation, your reaction times are slowed. That can lead to an accident faster than you can blink.
3. Mental Distractions Are All In Your Head
We all have those days where we are nothing short of overwhelmed. We may have a huge project due. We might have had a fight with a partner right before walking out the door. We could be thinking about an outing after work. All of those things may be running through our minds at once!
Think about this: have you ever arrived at a location that you travel to frequently and not been able to remember what route you used to get there, or you wondered how you got there so quickly when, in reality, it took you just as long as it always has? This is a telltale sign of letting your mind wander during a trip. Inattention blindness is the term for those mental distractions. Any and all of these cause you to lose focus on the road.
Why Is It All So Dangerous?
Distracted driving is the leading cause of roadway accidents around the world. Tens of thousands of collisions are caused by someone who was distracted. It has been said that taking your eyes off the road is not as quick as people think. You can cover the length of a football field before you look up again if you are driving at normal highway speeds. Imagine all that can happen in that span, and you can see why accidents are not only more likely — but also more deadly.
Distracted Driving Is Absolutely Preventable
Much like impaired driving, accidents caused by distracted driving are 100% preventable. Here are some tips that may help you stay more focused on the task at hand:
- Keep your phone out of reach if you know you will be tempted by it.
- If passengers are getting too loud, ask them to tone it down.
- Keep pets harnessed in the backseat or safely tucked away in a carrier.
- Create a playlist, or decide what you want to listen to and put it on before you shift the car into drive.
- If you are expecting an important call or message, ask a passenger to do the communicating for you, or pull over.
- If you are feeling emotional, take steps to calm yourself down before you slide behind the wheel, or wait until you are in a better headspace to get on the road.
- Remember the responsibility you are taking on by driving. It’s an easy one to forget!
We all have busy lives, and it can be difficult to get in our vehicles and do “nothing” but drive. That is exactly what we are tasked with doing! If you cannot focus your full attention on the road, pull over and take care of what needs to be done or wait to drive altogether. If everyone followed these simple tips, we would all be that much safer on the road.
We Are Here When You Need An Advocate After an Accident
If you have been injured in an accident caused by a distracted driver in Long Island, the team at The New York Personal Injury & No-fault Collections Law Firm is here for you. We have decades of experience and an established reputation for success.
Call our office at 1-833-TONALAW, or contact us online. We will help you determine whether you have grounds for a successful claim and, if so, present you with your legal options. We are ready to fight for the compensation to which you may be entitled!
Motorcyclists face extreme risks on the road since riders are largely unprotected from other cars, debris, and natural elements. Motorcycles also have less stability than cars making them more likely to lose control if there’s something wrong with the road. Unfortunately, this means that motorcycle riders are more likely to be killed in an accident than those in other passenger vehicles.
Perhaps you’d like to know what percentage of motorcycle accidents are fatal. Motorcycle fatalities are disproportionately represented in motor vehicle collisions. Below, The New York Personal Injury & No-fault Collections Law Firm describes the statistics related to motorcycle fatalities. We also explain some common causes of motorcycle accidents to help you when you’re on the road.
What Percentage of Motorcycle Accidents Are Fatal?
How many people die on motorcycles? Motorcycle fatalities are, unfortunately, far too common and trending upwards as recently as 2020. According to the National Highway Traffic Safety Administration (NHTSA), 5579 motorcyclists died in a crash in 2020. This number was an 11% increase from 2019.
Additionally, motorcyclist fatalities are disproportionate as compared with fatalities for other motorists in the U.S. Motorcyclists were 28 times more likely to die in an accident in 2020 than passenger vehicles per vehicle miles traveled.
What percentage of motorcycle accidents that are fatal also varies based on the location. For example, according to the NHTSA, 61% of all motorcycle fatalities occur in urban areas, such as cities and congested suburbs. However, only 39% occur in rural areas. What this demonstrates is that it is less safe to ride a motorcycle in more populated areas such as cities and suburbs.
What Is the Biggest Cause of Motorcycle Fatalities?
Given how many people die on motorcycles, you may wonder about the most common cause of motorcycle fatalities. Awareness of the causes of motorcycle fatalities may help you and others on the road prevent them. Sometimes a fatality doesn’t have only one cause and several things can affect whether a motorcyclist survives a crash.
The following is a list of some common causes of motorcycle fatalities. However, this list is not exhaustive and many other things influence what percentage of motorcycle accidents are fatal than what we’ve listed below.
Not Wearing a Helmet
If you’re wondering what percentage of motorcycle accidents are fatal, you may also want to know how to protect yourself as a motorcyclist. One of the best ways to protect yourself as a motorcycle rider is to wear a Department of Transportation (DOT) approved motorcycle helmet. Wearing a helmet will save your life. According to the NHTSA, helmets reduce motorcycle fatalities anywhere from 22% to 42%. In fact, a study showed that helmets reduce the chance of death by 42% and the chance of a head injury by 69%. This means that you are more likely to survive a collision if you are wearing a DOT-approved helmet.
In New York, motorcyclists are required by law to wear a DOT-approved helmet. While some may find this legal requirement is annoying, studies have demonstrated that state-wide universal helmet laws significantly reduce the state’s motorcycle fatalities. The NHTSA reported that in 2020, 57% of motorcyclists were killed in states without universal helmet laws, as opposed to 11% in states with helmet laws. While helmet use cannot prevent an accident due to driver negligence or poor driving conditions, it does increase the likelihood that a motorcyclist will survive an accident.
Unlicensed Rider
One of the top issues affecting how many people die on motorcycles is whether a rider is unlicensed. The NHTSA reported that 36% of motorcyclists involved in fatalities did not have valid motorcycle licenses. New York requires that all motorcyclists get a class M or class MJ license to drive a motorcycle. New York’s Department of Motor Vehicles also recommends getting at least 30 hours of practice before scheduling your road test for the license. Although formal motorcycle classes are not required for the test, they may place you in a better position to pass your road test and have more confidence and safety on the road.
Distracted Driving
With the widespread use of smartphones and social media, accidents involving distracted drivers have increased. People text, post, make phone calls, and even read articles on their smartphones while driving. This can increase the risk of a driver hitting an unsuspecting motorcyclist. Accidents caused by distracted drivers claimed 3,142 lives in 2020. Motorcyclists are at higher risk of injury from a distracted driver because they have very little to protect themselves in a collision.
Driving or Riding Under the Influence
Driving or riding under the influence of drugs or alcohol significantly impacts what percentage of motorcycle accidents are fatal. According to the NHTSA, 32 people die daily in the US due to drunk driving. Drug or alcohol-impaired motorcyclists face an even greater risk of serious injury or death. According to the NHTSA, 41% of motorcyclists who died in single-vehicle crashes were under the influence of alcohol. Motorcyclists must be alert and aware on the road. Drugs and alcohol significantly limit a rider’s abilities to adapt to the road conditions or react to dangers on the road.
Road Hazards
Road hazards such as a crack in the pavement, pebbles on the road, or uneven surfaces can pose a greater danger to a motorcyclist than a car driver. Because motorcycles are smaller and only have two wheels any road hazards affect the stability of a motorcycle more than a four wheeled car or truck would be affect. Additionally, due to a motorcyclist’s lack of protection on the road, even small amounts of flying debris can cause an injury to the rider.
Cars Making Left-Hand Turns
Even though left-turn right-of-way laws require drivers to yield to other traffic, impatient or reckless drivers don’t always wait. According to the NHTSA, nearly half of all fatal crashes between a motorcycle and a car involved a car that was turning left. When a vehicle turns left and hits an oncoming car or motorcycle, they are typically considered to be at fault for the accident.
Speeding or Reckless Driving
Speeding and reckless driving claim an extremely high number of lives. According to the NHTSA, speeding killed 11,258 people in 2020. This is because the collision’s severity increases with the vehicle’s speed.
Additionally, other types of reckless or aggressive driving increase the risks the motorcyclists and others face on the road. Frequent lane switching or swerving in and out of traffic can easily cause an accident. When a driver switches lanes without looking in their blind spot, they can easily hit a motorcyclist because a motorcyclist’s profile is much smaller and easier to miss than a four wheeled vehicle.
Contact Our Law Firm If You’ve Been in a New York Motorcycle Accident
The negligence of others on the road is a top cause of how many people die on motorcycles. If you or a loved one has been in a motorcycle accident in New York, you need a team of competent and aggressive litigators who can help you navigate the complexities of a negligence case. The New York Personal Injury & No-fault Collections Law Firm is here to help. Our attorneys have decades of experience representing motorcycle accident victims in their compensation claims. Contact us today.
Motorcycle riders often wonder about the most common type of motorcycle accident, so they can take steps to minimize their risks of being in one. According to the National Highway Traffic Safety Administration (NHTSA), most motorcycle accidents cause injury or death to the motorcyclist. Motorcyclists are not protected from the elements and have no protection against a negligent driver, making the chances of injury extremely high if something goes wrong on the road.
Below, the personal injury attorneys at The New York Personal Injury & No-fault Collections Law Firm describe several of the most common types of motorcycle accidents. We also list some steps you can take to minimize your chances of getting in an accident.
You can be a cautious motorcyclist who takes every step to minimize risks and still get in an accident. If someone caused your motorcycle accident, you are not to blame. Contact us today to see how we can fight for your rights and get you the compensation you need for your recovery.
The Most Common Motorcycle Accident: Single Vehicle Accident
According to the NHTSA, the most common type of motorcycle accident is a single-vehicle accident. A single-vehicle accident is where only one vehicle is involved in the accident. This means that the most common type of motorcycle accident is one where the motorcycle is the only vehicle involved. One can attribute the prevalence of this kind of motorcycle accident to several different factors, including:
- Inexperienced motorcyclists–an inexperienced rider may not fully understand how to ride a motorcycle or may not appreciate the unique risks inherent to motorcycling;
- Riding under the influence–drunk riders accounted for 29% of motorcyclist fatalities in 2020;
- Challenging weather conditions–because a motorcycle lacks protection from the elements, riding in the wind, rain, snow, or other weather conditions can be hazardous;
- Unlicensed motorcyclists–a significant number of motorcyclist fatalities–approximately 30% according to one study by the NHTSA–involve unlicensed motorcyclists; and
- Poor road conditions–motorcyclists must be cautious about road conditions because something as small as a crack in the road can send them flying.
You can do several things to avoid the most common motorcycle accident. For example, taking a motorcycle safety course and lessons in a safe environment can help you become familiar with your bike and learn to minimize your risks on the road. Additionally, you can avoid riding in weather that may impair your ability to maneuver your bike. Plus, you should always follow traffic laws and never ride if you are tired or under the influence of any mind impairing substances including alcohol.
Other Types of Motorcycle Accidents
Although a single-vehicle accident is the most common motorcycle accident, riders should be aware of the other types of accidents. Many of the most common motorcycle accident types below involve another person’s negligence. Drivers are supposed to share the road with motorcyclists and be alert. However, they do not always follow these expectations.
Left-Turning Vehicle Accidents
Arguably, the most common type of motorcycle accident with a second vehicle involves a vehicle turning left. This can happen when a driver waiting to turn left scans the road only for the absence of other cars rather than the absence of motorcycles, bikes, or even pedestrians.
A motorcyclist cannot help it if a driver fails to see them. There are, however, ways you can minimize your risks. If you are approaching an intersection with a left-turning car, try to determine if the driver can see you. Look at the wheels to see if they’re turned. If you are in a break in traffic, think of ways to make yourself more visible to them or move to a more visible place on the road.
Lane-Switching Accidents
Another of the most common motorcycle accident types involves a car or other vehicle switching lanes without checking their mirrors or over their shoulders to see if the lane is open. Motorcycles are relatively small and can be more challenging for a driver to see. If the driver is not paying attention or is lazy and switches lanes without checking their blind spots over their shoulder, they’ll hit whatever is in that lane, including a motorcyclist.
If you are a rider, you can minimize this risk by trying to stay visible to the driver and maintain some distance between you and other cars on the road. However, if a driver fails to see you and switches lanes, causing a collision, the accident is their fault, not yours.
Intersection Accidents
Intersection accidents are prevalent for trucks, cars, and motorcycles. An intersection accident can be caused by drivers who are:
- Speeding,
- Running red lights,
- Failing to yield, or
- Disobeying traffic laws.
As a motorcyclist, be particularly alert when coming to intersections because danger could be lurking anywhere.
Rear-End Collisions
A rear-end collision is a very common type of accident. However, where a rear-end collision may cause light damage to a passenger vehicle, it could kill a motorcyclist. To minimize risk as a motorcyclist, try to pull in front of motor vehicles already stopped at a traffic light. They can offer you protection from a distracted driver. Also, be particularly aware when you’re stopped at a light during bad weather or at night.
Accidents Caused by Driving Under the Influence
Driving under the influence is not solely a problem for motorcyclists. It’s an issue for all people who operate vehicles. According to the NHTSA, 37 people die due to accidents involving a drunk driver in the United States daily.
Motorcyclists represent a significant portion of drunk driving fatalities. For example, during the 2020 Labor Day weekend, the NHTSA’s data shows that 31% of motorcycle fatalities involved a drunk driver. As a motorcyclist, you should be aware of your surroundings, be alert when driving at night because that’s the most common time for a drunk driving accident, and of course, do not ride under the influence.
Distracted Driver Accidents
With the widespread use of smartphones, drivers are more distracted than ever, making a distracted driving accident one of the most common types of motorcycle accident. Distracted driving accidents killed 3,522 people in 2021, according to the NHTSA. When a driver checks a text message or uploads a post to social media while driving, they may not see a motorcyclist. This can have fatal consequences.
Our Law Firm Can Help with a Motorcycle Accident Claim
As a responsible motorcyclist, you can take every step to minimize the risk of an accident and still have a terrible encounter with a negligent or reckless driver. Since the most common motorcycle accident results in a motorcycle rider’s injury, you’re likely wondering how to get compensation for your damages if you’ve been in a motorcycle accident. The New York Personal Injury & No-fault Collections Law Firm is here to help Long Island motorcyclists injured in accidents. We understand that a motorcyclist’s injuries may be significant, and, unfortunately, due to the no-fault insurance system in New York, compensation can be difficult to obtain. Fortunately, our attorneys fight hard so you can get the compensation you need to recover. Discover The New York Personal Injury & No-fault Collections Law Firm difference. Contact us online or call 1-833-TONALAW for a consultation today.
If you have been injured in a Long Island car accident, there are several steps you need to take to ensure your rights are protected in the future. We urge you not to make the mistakes that our Long Island car accident lawyers have seen others make!
Failing to take the appropriate steps could seriously reduce your chances of recovering damages, either by way of settlement or verdict.
To protect your legal rights and maximize your chances of receiving the full amount of compensation available, always take the following steps after an injury accident:
- Call the police
- Seek medical attention
- Be clear about your symptoms
- Seek all tests needed to confirm or diagnose your condition
- Watch the statements you make
- Obtain a personal injury lawyer
- Follow through with therapies and prescriptions
1. Call The Police (911)
Alert the authorities of the accident as soon as possible. But first, determine if you or anyone else might be seriously hurt. If you are unable to make the call yourself, ask someone on the scene to do it for you. When law enforcement arrives on the scene, they will conduct a cursory investigation into the crash. The report created by law enforcement will serve as primary evidence later on.
When you are speaking with the police, do not admit fault. Do not apologize for a supposed mistake and do not claim to be uninjured. Provide answers to questions only if you are able to answer with facts. Provide your contact information, the make and model of your car, your driver’s license, and your insurance information. Remember that anything you say could end up in the report.
2. Seek Medical Attention Immediately
Your injuries may be so severe that you are transported to the hospital from the scene.
Your injuries may also be so unapparent that you are allowed to leave the scene of your own volition. If this is the case, seek medical attention on your own. Here’s what could happen if you deny emergency care or are slow in seeking medical attention:
- The insurance company could claim you were uninjured altogether
- The insurance company could argue that your injuries were sustained for some reason unrelated to the accident
There is no reason this should happen to you. Seek medical attention as soon as possible following your accident — even if your visit is to urgent care or your family doctor. Also, do not refuse emergency care if it is recommended by paramedics at the scene.
3. Be Honest About Your Symptoms
Now is not the time to act tough. Tell your medical care provider exactly where it hurts and what the level of pain is that you feel. If you truly don’t feel as though you are injured, explain to your doctor how the crash occurred, how the vehicles ended up, and where you were seated in the vehicle. This will give your doctor a clue as to what injuries could potentially come to be apparent over the next few days.
4. Consent to All Testing and Imaging Needed
Do not decline the diagnostic tests your doctor wants to be run. It may be tempting to say “no” to that MRI or X-ray but don’t. Your doctor cannot see inside your body, and imaging could locate injuries that are not immediately felt. It’s understandable that you may be concerned with the costs, especially if you don’t have healthcare insurance, but it should be covered by No-Fault Insurance and what is not covered can be part of your settlement later on.
Regardless, it is in your own personal interests to receive a full diagnosis quickly. Failing to diagnose or treat latent injuries can lead to complications, including conditions that make it difficult to live and work the same way you did before your crash.
5. Be Careful Of What You Say
If there is one important thing to remember, it is this — insurance companies are not out to protect the rights of the average person. They are out to keep money in their account. If they can deny your claim, they absolutely will.
You can certainly provide your insurance agent with factual information that will be found in the police report but that is the extent of what you should share. Do not offer your opinion, do not offer to tell the story of the crash, and never say you did not sustain injury!
Note that even your own insurance agent can use your statements against you, not just the other driver’s insurers. You are usually best off reviewing your case with the help of an experienced Long Island car accident lawyer to prepare for these conversations in advance.
6. Obtain An Experienced Car Accident Attorney
You can benefit from speaking to a Long Island car accident lawyer after your wreck. Do not hesitate to contact one. The personal injury lawyers at The New York Personal Injury & No-fault Collections Law Firm work on a contingency basis, meaning you do not pay anything unless your case is settled or a verdict is reached. You can speak with an attorney at no cost. They will review your case for free and then determine what compensation could be available and what your next steps should be.
In all situations, obtaining the opinion of an experienced car accident lawyer can allow you to prepare for the case ahead while keeping you informed of what forms of compensation could be available.
7. Follow The Doctor’s Advice
If you are diagnosed with an injury and given a course of treatment, stay the course until it is complete. This may mean medications, follow-up visits, or therapies. Do not decide that you are feeling better and can cease medical care. You will not recover physically as you should and doing so may negatively impact your case.
Our Law Firm Fights For Your Rights
If you have been injured in a Long Island car accident, you need the experienced team at The New York Personal Injury & No-fault Collections Law Firm fighting by your side. We have won millions for our clients because we will not stop advocating for what is right. You can speak with a member of our team for free by calling 1-833-TONALAW or contacting us online. It costs you nothing to determine your best course of action!
Most people are familiar with the side-impact crash — often called a “T-bone” crash. They typically occur at intersections and involve one car colliding head-on with the side of another vehicle, forming a “T”. In many cases, these accidents are the cause of inattention or reckless behavior.
If you are hit in the side by another vehicle, the injuries you sustain could be severe. These impacts can be the cause of traumatic brain injury, bone fractures, and more. There are steps you can take to protect your right to compensation after such an accident in Long Island.
- Call 911
- Follow instructions given by the dispatcher
- Take pictures or video
- Provide answers to the police
- Seek medical attention
- Contact your insurance agent
- Talk to a personal injury attorney
Call 911 To Report the Wreck
Your first call needs to be to 911. The dispatcher will ask you questions to determine the type of emergency services necessary. Police, fire, and ambulance crews may respond to the scene depending on the severity of the accident.
The dispatcher will advise you to remain at the scene. You may be asked to stay in your vehicle, move your vehicle, or wait in a safe location. Follow the instructions you are given. Dispatchers are trained to advise you to take actions that will keep you and others as safe as possible.
Take Photographs or Video
While you are waiting for help to arrive, you should take pictures or videos of the accident — if it is safe and you are uninjured. You should take close-ups and wide-angle photographs of the damage to vehicles, the current road conditions, and the surrounding area. You cannot take too many photos. Your Long Island car accident lawyer will determine which are useful to your case.
Seek Medical Attention
Your injuries may be obvious, or you may believe you are uninjured. No matter which, make sure you see a doctor following the collision. Failing to seek a proper diagnosis from a trained medical professional in a timely manner could severely reduce your chance of receiving compensation. There are some injuries that may not show up for days or weeks following the accident. You may have been able to walk away seemingly unscathed, but it doesn’t mean that you or your passengers haven’t suffered an injury.
Call Your Insurance Company
You typically have only 30 days or so to report your accident to your insurance company. Right now it doesn’t matter who was at fault — your insurer needs to know about a possible claim related to a recent accident. Answer the questions you are asked with factual information. If the insurance agent asks a question that is opinion-based, politely decline to answer or respond with “I don’t know” or “I don’t recall”. Agents are trained to ask you questions that elicit answers which can be used to weaken or deny your claim. Don’t let this happen.
It is good to be both cautious and prepared when speaking to insurers, even your own. Saying the wrong thing could jeopardize your ability to claim compensation — and your own insurer may even deny coverage. Speak to an experienced Long Island car accident attorney to know what to anticipate and what to avoid.
Reach Out to a Personal Injury Attorney in Long Island
You have legal rights following a T-bone accident in Long Island. An experienced personal injury lawyer specializing in car accidents can provide you with more information regarding these rights. If you sustained damages, the at-fault party could be forced to compensate you. Never assume that you are on the hook for medical bills and property repair. Most personal injury attorneys offer free case evaluations — take advantage of this!
Compensation Following a T-Bone Collision
If you have been involved in a side impact collision in Long Island or elsewhere in New York, you may be entitled to payments for:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Other costs associated with the accident
We Are Your Legal Advocates
At The New York Personal Injury & No-fault Collections Law Firm, we know the financial hardship that can be caused by a car accident. The monetary difficulties you face may far outlast your injuries. We don’t believe a victim of someone’s negligence or reckless behavior should be forced to deal with these issues.
We are your legal advocate after a Long Island car accident. Our team will treat you with dignity and respect while fighting vigorously on your behalf. Call 1-833-TONALAW to speak with an experienced member of our team and determine the best course of action following your accident. You can also reach out to us online at your convenience and receive the expert advice you are looking for.
Motorcycle accidents can be traumatic and life-changing events, often leading to severe injuries, property damage, and significant financial burdens. When you’re involved in a motorcycle accident, you may be left wondering about potential compensation through a settlement. Let’s delve into the factors that influence motorcycle accident settlements, discuss the concept of an average settlement, and help you understand what can be deemed a good settlement for your specific case.
Factors Influencing Motorcycle Accident Settlements
It is essential to understand the key factors that influence the outcome of motorcycle accident settlements:
Liability and Fault
Determining liability, or fault, is a pivotal element in motorcycle accident settlements. If the other party’s negligence or misconduct is evident, it significantly strengthens your case and the potential for a favorable settlement. However, cases involving shared liability can complicate the settlement, and your compensation may be reduced proportionally.
Injuries and Medical Expenses
The severity of your injuries and the corresponding medical costs are fundamental in calculating settlements. More severe injuries that demand extensive medical treatment, surgeries, or long-term care typically result in higher settlements. It’s crucial to account for current and future medical expenses.
Property Damage
The cost of repairing or replacing your motorcycle and other damaged property plays a tangible role in determining your settlement. This includes actual repair or replacement costs, as well as related expenses like rental vehicles.
Lost Income
If your accident has resulted in missed work or a diminished earning capacity, you may be entitled to compensation for lost income. This encompasses both past and future income losses.
Pain and Suffering
Non-economic damages, such as pain, suffering, emotional distress, and loss of enjoyment of life, are also considered when calculating settlements. Estimating these damages can be complex and varies depending on your jurisdiction.
Insurance Policies
The insurance policies of both parties involved in the accident are significant in influencing the settlement. Factors like policy limits, coverage types, and deductibles have a direct impact on the potential settlement. If the at-fault party is uninsured or underinsured, your own insurance coverage might come into play.
Negotiation Skills
Effective negotiation is a crucial skill in securing a fair settlement. Experienced personal injury attorneys often serve as skilled negotiators, advocating for your rights during settlement discussions.
Evidence and Documentation
The strength of your case depends on the quality of the evidence and documentation you provide. This includes accident reports, witness statements, photographs, medical records, and any other relevant
Legal Representation
Having a skilled motorcycle accident attorney can make a substantial difference in the outcome of your case. Attorneys are well-versed in personal injury law, insurance processes, and settlement negotiations, which can lead to more favorable outcomes.
Understanding Motorcycle Accident Settlements Also Involves Dispelling Common Myths
Fixed Average Settlement
A common myth is that there is a standard or fixed average settlement for motorcycle accidents. In reality, settlements vary greatly based on the unique circumstances of each case.
Swift and Simple Settlements
Some believe that motorcycle accident settlements are quick and straightforward. While some cases may settle relatively swiftly, others can be complex, involving extensive negotiations and potentially leading to litigation.
Non-Negotiable Offers
Many individuals think that the insurance company’s initial offer is non-negotiable. In fact, settlements are often the subject of negotiations, and having legal representation can significantly impact the final outcome.
Complete Cost Coverage
There’s a misconception that a settlement will cover all expenses, including future medical costs. Predicting future costs can be challenging, and it’s essential to work with professionals who can accurately assess your needs.
Seeking a Fair Settlement
Navigating the process of seeking a fair settlement for a motorcycle accident involves several crucial steps:
Prioritize Health
Your well-being should be the top priority. Seek immediate medical attention after the accident, even if your injuries seem minor. Document all medical treatment and adhere to your healthcare provider’s recommendations.
Collect Evidence
Gather and preserve all evidence related to the accident. This includes photographs of the scene and vehicles, witness statements, accident reports, and all medical records.
Consult with an Attorney
Seeking advice from an experienced personal injury attorney is highly recommended. They can assess the strength of your case, guide you through the legal process, and negotiate on your behalf.
Avoid Hasty Settlements
Insurance companies may offer quick settlements shortly after an accident. These initial offers are often lower than what you are entitled to. It’s wise to consult with an attorney before accepting any settlement.
Determine the Full Extent of Damages
Work with professionals, including medical experts and financial advisors, to assess the complete extent of your damages. This includes both current and future expenses.
Negotiate Effectively
If negotiations are necessary, your attorney can advocate for your rights and seek a fair settlement that accounts for all your losses.
What’s Considered a Good Settlement for a Motorcycle Accident?
A good settlement for a motorcycle accident is one that fully compensates you for all your losses and adequately addresses the impact of the accident on your life. This can include: coverage of all medical expenses, including past and future costs; compensation for lost income, including potential future earning capacity; fair compensation for pain and suffering, emotional distress, and loss of enjoyment of life, adequate compensation for property damage, including repair or replacement costs.
Ultimately, what’s considered a good settlement is subjective and depends on the specific circumstances of your case. A skilled attorney can assess your case, negotiate effectively, and work towards securing a settlement that meets your needs and provides the financial support required for your recovery.
The average settlement for a motorcycle accident varies based on numerous factors, and there is no fixed standard. To pursue a fair settlement, prioritize your health, gather evidence, consult with an attorney, and avoid hasty settlements. Accurately assessing the full extent of your damages and negotiating effectively are crucial steps in the pursuit of a good settlement. Legal representation plays a significant role in ensuring your rights are protected and that you receive the compensation you deserve for your motorcycle accident.
Call Our Law Firm After Your Motorcycle Accident
Call The New York Personal Injury & No-fault Collections Law Firm if you or someone you love has been injured in a motorcycle accident to consult with a personal injury attorney and explore your legal options and pursue the compensation you are entitled to. We are equipped with the knowledge and expertise to help you build a strong case tailored to your unique circumstances.
Consulting with an experienced motorcycle accident attorney can help you navigate the complexities of your case and work toward a fair resolution, whether through negotiation or litigation. Road safety is a shared responsibility, and by understanding the common types of motorcycle accidents, we can all contribute to safer roadways for everyone. We will be your advocates, ensuring your rights are protected and that justice is served. Contact our client-centered practice today.
Drivers in New York are often plagued with inclement weather and consistent traffic that makes car accidents seem inevitable. Thus, it is important that drivers ensure their vehicles are properly insured. Pursuant to New York law, to register a vehicle a driver must have car insurance. Car insurance protects the driver from personal liability if they are involved in an accident.
Minimum Car Insurance Coverage
The minimum car insurance policy a driver operating their vehicle in New York must obtain includes:
$10,000 for property damage for a single accident.
$25,000 for bodily injury and $50,000 for death for a person involved in an accident.
$50,000 for bodily injury and $100,000 for death for two or more people in an accident.
$50,000 mandatory no-fault coverage, or personal injury protection (PIP).
Uninsured motorist coverage: $25,000 per person and $50,000 for all persons
Personal Injury Protection Insurance
New York is one of a handful of states that require drivers to have personal injury protection (PIP). Personal injury protection, also known as no-fault coverage, can help drivers and their injured passengers cover their expenses after they have been injured in an accident. PIP insurance is applicable regardless of who was at fault for the accident. Expenses covered by PIP insurance include medical bills and lost wages. However, PIP insurance does not cover property damage, vehicle theft, or vehicle damage.
Proof of New York Car Insurance
The New York State Department of Motor Vehicles (DMV) mandates that drivers provide proof that their vehicle is properly insured. A driver may provide this proof in two ways. First, the insurance company will electronically notify the DMV that you have insured your vehicle. Second, your insurance company will provide you with two original New York State insurance identification cards. The driver will keep one of the original insurance cards in their vehicle to provide proof of insurance in the event that they are stopped by police or involved in an accident. The second insurance card must be provided to the DMV when the driver registers their vehicle. The DMV will keep the second insurance card on file.
Insurance Costs and Discounts
Insurance costs can vary greatly. The cost of your car insurance will depend on several factors including your age, gender, marital status, driving record, vehicle, and zip code. To determine the appropriate premium an individual should pay, insurance companies rely on statistics. For example, a young driver will pay a higher premium for car insurance when compared to an older driver because statistics show that young drivers have a greater risk of being involved in an accident. Similarly, male drivers under the age of twenty-five are more likely to be involved in a car accident when compared to their female peers. Thus, young men pay a higher premium.
Hire an Attorney that Specializes in Car Accidents
At The New York Personal Injury & No-fault Collections Law Firm, we understand the pain and hardships that our clients face following an injury. Whether your injury occurred due to another’s negligence or at work, we can assist you in recovering medical expenses, lost income, and the peace of mind you deserve.
As a Long Island car accident law firm with over twenty years of experience, we know how deceitful insurance companies are when it comes to paying you less than you deserve. With The New York Personal Injury & No-fault Collections Law Firm, our clients are assured that their attorney is working tirelessly to ensure that they receive the settlement they deserve.
These reasons make it essential that you get compensation for your injuries from a New York personal injury lawyer. Our legal team at The New York Personal Injury & No-fault Collections Law Firm provides a wide range of services, including personal injury and no-fault collections, business litigation, and more. Call or text 1 (833) TONALAW today for more information.