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Queens Motorcycle Accident Attorney
Queens is a bustling borough, and motorcyclists face many different hazards and obstacles when they are on the road. One of the biggest challenges for bikers is drivers who are sometimes or do not watch for people on motorcycles as much as they watch for other vehicles. When a motorcyclist is injured by a negligent driver, they can file a claim to recover compensation for their medical bills, lost income, and more. Unfortunately, filing these claims is no easy task. If you or someone you love has been hurt on a motorcycle, request a free consultation with an experienced Queens motorcycle accident attorney at Silberstein, Awad & Miklos, P.C.
Why do Motorcycle Accidents Happen in Queens?
There are many different reasons motorcycle accidents happen in Queens. Some of the most common reasons include:
- Aggressive driving
- Reckless driving
- Driving under the influence of alcohol or drugs
- Distracted driving
- Defective motorcycles or motorcycle parts
- Hazardous road conditions
- Improper road design
It is sometimes difficult to determine the cause of a motorcycle accident, but it is important that victims do. This is the only way to know which party to hold liable for paying damages.
Common Motorcycle Accident Injuries
Regardless of what caused an accident, bikers rarely walk away from these crashes without sustaining some type of injury. Motorcyclists simply do not have the benefit of safety features such as a strong steel frame that surrounds them, airbags, or seat belts. Some of the most common injuries motorcycle accident victims sustain include:
- Chest injuries
- Soft tissue injuries
- Neck injuries
- Burn injuries
- Road rash
- Bone fractures, often involving multiple breaks
- Amputations, both surgical and accidental
- Spinal cord injuries
- Traumatic brain injuries and other head injuries
The injuries sustained after a motorcycle crash are very painful and expensive to treat. Motorcycle accident victims are also more likely to suffer serious injuries than individuals involved in a crash between two other types of vehicles.
Why are Motorcyclists More Likely to be Injured During a Crash?
When two passenger vehicles become involved in an accident, there is a good chance that the people inside will sustain only minor injuries. However, the same is not true for motorcyclists. Even a small collision can result in a biker sustaining catastrophic injuries. The reasons for this include:
- Congested roads: Queens is a bustling area of New York, and residents are often in very close proximity to each other. This includes when people are out on the roads. Congested roads are more likely to develop potholes and other risks that pose a threat to bikers. Additionally, when roads are congested, drivers may not see motorcyclists until it is too late.
- Less stability: Unlike passenger vehicles, most motorcycles have only two wheels instead of four. This makes them much more unstable. When they are involved in an accident, bikers are likely going to be thrown from their bikes. This results in a biker not only sustaining initial injuries, but secondary injuries such as road rash and degloving, as well.
- Increased exposure: Drivers of sedans and enclosed vehicles may not even notice certain debris on the road. However, there is nothing between a motorcyclist and that debris, such as rocks and other hazards. As a result, when this debris flies into a biker’s field of vision or otherwise distracts them, it can cause serious injuries.
- Reduced visibility: Motorcycles are much smaller than other vehicles, so they are more difficult for drivers to see. Still, drivers are responsible for ensuring they drive safely at all times and that they watch out for everyone on the road so they do not cause harm. When drivers make an improper lane change without checking their blind spots and making sure no other motorist is within it, the biker will sustain extremely serious injuries.
Even though motorcyclists are susceptible to increased risks on the road, they still have a right to be there. They also have the right to file a claim for damages that can help them recover damages such as medical bills, lost income, and more. While personal injury claims also present some challenges, this is particularly true with motorcycle crashes. One of the most difficult aspects of these accidents is when liable parties claim the motorcyclist is partly at fault for the crash.
How Contributory Negligence Can Affect a Claim
While motorcycle accident victims can file a claim for compensation after a crash, their damages are reduced if it is found that they contributed to the accident. New York operates on a pure model of contributory negligence, which means injured individuals can file a claim even if they were 99 percent at fault for the crash. Bikers who partly caused a crash are assigned a percentage of fault—and any damages they are awarded are then reduced by the same percentage.
Liable parties often try to argue that the accident victim was partly to blame for the accident. They do this to shield themselves from full liability so they do not have to pay the full amount of damages the accident victim deserves. These claims are always difficult to overcome in any personal injury claim, but they become even more challenging when an accident victim is a motorcyclist. Insurance companies and jurors often hold biases against bikers, thinking that they are reckless and dangerous. While the bias is completely unfair and untrue, it can help a defendant be more successful with their claim. This is just one of the reasons it’s important to work with an experienced attorney who can defend your rights.
Get Legal Help Today
If you or someone you love has been injured in a motorcycle accident, our Queens motorcycle accident attorneys can assist with your case. Our knowledgeable attorneys will identify the liable party and negotiate with them on your behalf so you claim the full damages you deserve. Contact us today to schedule a free consultation and to learn more about how we can help with your claim.