Have you had an accident and require legal assistance?
The Elevated Risk of Motorcycle Accidents
Motorcycle accidents are notorious for their severity, often resulting in more critical injuries than car collisions. Although there have been significant strides in safety enhancements, motorcycles inherently lack the protective enclosure other vehicles provide. This lack of protective barriers, combined with the inherent risks associated with motorcycling, amplifies the dangers for riders, regardless of advanced safety measures and strict laws governing road usage.
Motorcycles, due to their slim profile, can be harder to spot on the road, thereby increasing the risk of accidents. The onus lies with every driver to maintain a vigilant awareness of their surroundings, taking extra precautions to identify motorcycles sharing the road. Every driver's responsibility extends to ensuring the safety of not only themselves but other road users as well, including motorcyclists.
Motorcycle Accidents and their Catastrophic Consequences
Motorcycle accidents often result in devastating injuries, leaving riders grappling with the consequences. This severity is illustrated by federal reports showing motorcycle accident fatalities being 28 times higher than car accident fatalities in 2016. In the following year, motorcycle crashes claimed the lives of 5,172 riders across the United States.
The injuries sustained in motorcycle accidents often extend to traumatic brain injuries, spinal cord damage, bone fractures, and, in severe cases, crushed limbs leading to amputation. At the Law Office of Stern and Stern, with our extensive experience representing victims of such severe motorcycle injuries, we're well-positioned to advocate for the compensation they deserve.
Understanding Negligence and the 'Substantial Factor' in Motorcycle Accidents
Negligence plays a critical role in all personal injury cases, including motorcycle accidents. To have a valid case, there must be evidence to show that the accident was a direct result of another party's negligence - a situation where an individual fails to act as a reasonable person would under similar circumstances.
An essential component of personal injury law is the concept of "proximate cause" or "substantial factor." This principle seeks to establish whether the negligent party's actions were a significant contributing factor to the injuries sustained. An additional consideration is whether the injured party also acted negligently, such as speeding or weaving through traffic, actions commonly associated with unsafe motorcycle driving.
New York's Motorcycle Laws and the Comparative Fault Rule
In New York, the law mandates that all motorcyclists wear helmets and ensure that their motorcycles are equipped with adequate front and rear lamps. If a motorcyclist fails to comply with these requirements, a defendant might argue that the victim's negligence contributed to their injuries.
However, New York adheres to a pure comparative fault system of liability, implying that a victim can still recover damages from another negligent party, even if they were partly at fault. The compensation is apportioned according to each party's degree of fault.
Contact Stern and Stern Law Offices for Your Motorcycle Accident Case
At the Law Office of Stern and Stern, we are committed to representing victims of motorcycle accidents, fighting tirelessly to secure the financial compensation they need to focus on their recovery. If you have been involved in a motorcycle accident and have queries, reach out to us at 516-634-0345. We are here to help you navigate these challenging times.