As avid motorcyclists, the lawyers at Civardi & Obiol, PC are intimately acquainted with the risks that bikers face, especially on Long Island. Moreover, we are all too aware of the devastating effects that cyclists suffer due to the inattention of careless drivers.
Motorcycle accidents in New York State are unfortunately common and often result in severe injuries or fatalities. While the thrill of riding a motorcycle is unmatched for many, it comes with its set of risks. According to the National Highway Traffic Safety Administration, motorcycle riders are consistently overrepresented in fatal traffic crashes; in 2021, there were 5,932 motorcyclists killed—14% of all traffic fatalities.
Understanding the legal aspects surrounding these incidents is crucial for riders and their loved ones, ensuring they’re informed and protected in the aftermath of an accident. Motorcyclists have the right to a safe journey too. If you or a loved one has been in a motorcycle accident, consult with Civardi & Obiol. Let us guide you toward the compensation you deserve.
Common Causes of Motorcycle Accidents
Motorcycle accidents can occur due to a myriad of reasons, often involving a combination of external factors and human errors. Recognizing these common causes can enhance road safety for both motorcyclists and other vehicle operators.
- Inattention or distraction of other drivers: One of the leading causes of motorcycle accidents is the inattention of other drivers on the road. Additionally, distractions like cell phone use exacerbate the problem.
- Carelessness of other drivers: Some drivers don’t appreciate the limitations of motorcycles, or just don’t care. Whether turning left too closely, stopping suddenly, or driving aggressively, motorcyclists often face dangerous conditions created by other drivers who don’t seem to understand how reckless their actions are.
- Road hazards, such as potholes and debris: Motorcycles are more susceptible to road hazards than larger vehicles. The sudden appearance of potholes, road debris, or uneven surfaces can cause motorcyclists to lose control, especially if they’re traveling at high speeds or if the road conditions are slick.
- Inclement weather conditions: Weather plays a significant role in motorcycle safety. Rain, fog, snow, or icy conditions can make roads slippery and reduce visibility, making it challenging for motorcyclists to maintain control and for other drivers to see them.
Injuries Commonly Sustained in Motorcycle Accidents
Motorcycle accidents, given their exposed nature, often lead to more severe injuries compared to other vehicular accidents. Without the protective shell that cars provide, motorcyclists are directly exposed to the force and impact of a crash. The injuries sustained can vary widely based on the circumstances of the accident, but there are some common types that emerge with alarming regularity.
One of the most frequently seen injuries is bone fracture, especially in the arms, legs, and pelvis. Sadly loss of a limb, especially a leg, is all too common. Additionally, the lack of a protective barrier makes traumatic head and brain injuries a significant concern, even when a helmet is worn. Spinal cord injuries, which can result in long-term disability or paralysis, are another severe consequence of motorcycle accidents.
Importance of Protective Gear
Wearing protective gear is paramount for motorcyclists, as it acts as the primary line of defense against potential injuries during an accident. Helmets play a crucial role as they significantly lower the risk of traumatic brain injuries and fatalities. According to the Centers for Disease Control (CDC), helmets reduce the risk of head injuries by 69%. Beyond helmets, gear like gloves, jackets, boots, and padded pants can protect against road rash, lessen the impact on joints, and prevent serious burns from hot motorcycle parts. In essence, while protective gear might not prevent all injuries, it greatly diminishes the severity and can be the difference between a minor injury and a life-altering one.
New York State Motorcycle Accident Laws
New York State has specific laws tailored to ensure the safety of motorcyclists on its roads. One of the most emphasized requirements is the use of a Department of Transportation (DOT) approved helmet for both riders and passengers, regardless of age or experience. Additionally, the state mandates the use of protective eyewear unless the motorcycle is equipped with a windscreen.
In terms of licensing, New York requires motorcyclists to obtain a motorcycle endorsement for their driver’s license, which can be achieved after successfully completing a written test, skills test, and sometimes a state-approved rider training course. The state also enforces strict regulations regarding carrying passengers; the motorcycle must have a proper seat and footrests for the passenger. Moreover, lane splitting, or the act of riding between lanes of traffic, is illegal in New York, emphasizing the importance of adhering to regular traffic patterns for safety.
What to Do After a Motorcycle Accident
If involved in a motorcycle accident in Hempstead or Nassau County, the immediate steps can be crucial for both health and legal reasons. First, it’s essential to seek medical attention, even if injuries seem minor, as some complications might not manifest immediately. Reporting the accident to the police is vital, ensuring there’s an official record. Victims should also gather details from witnesses and, if possible, take photographs of the accident scene and any damages. It’s advisable to avoid any discussions or admissions of guilt at the scene; instead, focus on obtaining the necessary information and contact an attorney if pursuing a claim.
How Civardi & Obiol Can Help
Civardi & Obiol is well-equipped to provide comprehensive legal support for motorcycle accident victims. They know how the actions of other drivers can cause an accident, how a rider will react, and the unique ways a motorcycle will perform under evasive action. With their expert knowledge of New York State’s Vehicle & Traffic Law, they carefully analyze each case, ensuring victims receive the compensation they deserve. Their seasoned attorneys handle everything from evidence collection to negotiation with insurance companies. Trusting Civardi & Obiol means placing your case in capable hands, ensuring justice and the best possible outcome.
Safe motorcycling habits not only protect you but also contribute to the overall safety of our roads. Always wear protective gear, stay vigilant, and adhere to New York State’s laws to minimize risks. If you ever find yourself in an unfortunate situation involving a motorcycle accident, know that professional legal support is crucial. Don’t hesitate to contact Civardi & Obiol for a free consultation, where we prioritize your well-being and rights.
Civardi & Obiol serves clients for matters relating to motorcycle accidents in the following regions: Nassau County & Suffolk County.