What To Do After A Motorcycle Accident: Everything You Need To Know

Motorcycle Accident

While every auto accident can result in losses, motorcycle accidents can be especially dangerous due to the inherent risks associated with motorcycle use.

Even if a motorcyclist obeys all traffic rules and safety regulations, they are still subject to potential harm while on the road. This is why you should know that if you or a loved one have been injured in a motorcycle accident, you may be eligible for financial compensation.

Taking action after an accident can help you preserve your legal rights and ensure that you are in good standing to receive all the money and benefits you are entitled to. The right lawyer can guide you through the steps of filing a claim and help you build your case against an opposing party.

To speak with a seasoned auto accident lawyer at no charge, contact Schwartzapfel Lawyers now by calling 1-516-342-2200. Alternatively, you can schedule your free consultation and/or case evaluation when you visit us online today!

How Do Motorcycle Accidents Happen?

Due to factors like traffic and congested roads, auto accidents are all too common in New York City. In fact, nearly 8,000 auto accidents occur within city limits each month. That’s more than 265 accidents a day!

Below, discover some of the more common reasons why motorcycle accidents happen:

Speeding

Speeding is among the top causes of all types of auto accidents or crashes and can lead to collisions with other vehicles and pedestrians. Exceeding the speed limit can cause a motorcycle accident regardless of whether the motorcycle driver or the motorist of another car is speeding.

Sudden Stops

If a car suddenly stops in front of a motorcycle on the road, an accident may occur if the motorcycle crashes into the car from behind. Depending on the motorcycle’s speed, such accidents can be catastrophic and cause the motorcyclist to be thrown off their bike due to the impact force.

Lack of Driving Skills or License

Being able to drive a motorcycle requires skills beyond those required to drive a car. An unskilled driver may easily lose control of their bike while on the road, leading to a crash. Many people take an interest in riding motorcycles despite not having a license. All motorcycle drivers must have sufficient training, pass a driving test, and carry a license.

Intoxication 

Motorcycle accidents can occur if a motorcyclist is intoxicated while driving or another driver hits them. Driving while using alcohol, or any other drug or substance, is illegal and can lead to serious damage.

Drivers Unaware of Nearby Motorcycles

Motorcycles are smaller than other vehicles. Because of this, they are often not fully visible to other drivers. Often, drivers make turns or switch lanes without checking for motorcycles or other small vehicles.

Motorcycle Defects

Many motorcycle accidents occur due to defects or lack of maintenance. Brake or steering issues, for example, can pose problems for a driver on the road and put them at risk. In some cases, accidents occur because the motorcycle owner does not keep up with the maintenance of the bike. In other cases, manufacturers can be held responsible for defects that cause an accident.

Bad Weather

Extreme weather conditions can lead to all types of auto accidents. Driving on icy roads can cause motorcyclists to lose control of their bikes and crash. Low visibility due to fog or heavy precipitation may prevent a driver from remaining attentive to other vehicles or objects. This is partly because motorcycles offer little external protection for their drivers, which leaves them even more exposed to bad weather.

While there are many other reasons a motorcycle accident may occur, these are just some of the most common.

For more information about the causes of motorcycle and auto accidents, you can reach out to Schwartzapfel Lawyers by calling 1-516-342-2200 today.

How to Prevent an Accident

Even if a motorcycle rider follows all the rules while on the road, they may still be harmed in a crash caused by another party. However, there are safety precautions that motorcycle riders can take to help prevent or minimize injury.

  • Remember to wear a helmet and protective gear when driving a motorcycle. In New York State, motorcyclists must wear a helmet at all times while driving.
  • Wear a reflective jacket or reflective clothing to be more easily spotted by other drivers on the road.
  • Ensure you are comfortable riding a motorcycle and get proper training before driving on roads and highways.
  • Run regular maintenance checks on your motorcycle, and make sure to keep up with repairs.
  • Drive attentively and remain wary of other drivers that may not easily be able to see you. You can do your part by driving at a safe distance from other cars and looking out for turns and stops other drivers make.

Even if a motorcycle driver is injured in a crash, proving they took the proper precautions can help their case. If they take proper safety precautions and follow traffic rules while on the road, they can file a claim against the at-fault party in the event of an accident.

If you are unsure about what safety regulations and laws apply to you while on the road, a qualified lawyer can help. Contact one of our skilled trial attorneys by calling Schwartzapfel Lawyers at 1-516-342-2200 today!

Motorcycle Accidents: Injuries and Aftermath

Motorcycle accidents are often more dangerous than car accidents because of the associated risks. Motorcycles do not offer drivers or passengers the same protection as a car or enclosed vehicle. Because of this, motorcycle accidents often lead to severe injuries and losses.

Your injury’s severities in a motorcycle crash can impact the claim you make against an at-fault party and the compensation you are eligible to receive.

Below are several common injuries that frequently occur as a result of motorcycle accidents:

Road Rash

Road rash happens when the skin is scraped against a rough surface. If a driver is thrown off of their motorcycle in a collision, they may suffer a road rash injury due to friction against the road when they hit the ground.

While most road rash injuries are minor, they can get infected if not properly treated. In more serious cases, road rash injuries can result in scarring or disfigurement.

Other minor injuries that can result from motorcycle accidents include cuts and bruises from impact on the ground or other objects.

Fractures and Broken Bones

Fractures and/or broken bones can result from nearly any type of accident, motorcycle crashes included. Such injuries can range from breaking an arm or leg or breaking several bones across the body. More serious fractures, such as those to the skull or hips, may require long-term treatment or lead to impairment.

Loss of Limbs

In extreme cases, limbs can be severed in an accident and require amputation, which may lead to life-long disability.

Traumatic Brain Injuries

In New York State, all motorcyclists must wear a helmet on the road to protect from brain trauma in the event of an accident. However, if a driver is not wearing one, or if the helmet does not provide sufficient protection, they may suffer a brain injury.

Spinal Cord Injuries

The impact from an accident may cause spinal cord damage, which in turn can lead to partial or complete paralysis. In such cases, the injured individual may become permanently disabled.

Emotional Distress

Any type of accident can cause emotional and mental distress. You can sometimes claim compensation for emotional distress if you can provide medical documentation from a psychiatrist or therapist assessing your condition.

In many cases, injuries incurred in a motorcycle accident can be fatal. In New York City, motorcycle accidents account for over 18% of all auto accident fatalities. Motorcycle accidents also account for over 7% of serious injuries in the City.

Because motorcycle accidents can be serious, anyone at risk of an accident must be able to access needed legal support.

If you are a motorcyclist with questions about motorcycle accidents and claims, you can speak with one of the knowledgeable NYC auto accident attorneys at Schwartzapfel Lawyers by calling 1-516-342-2200 now!

What to Do After an Accident

Auto accident cases can be complicated. This is especially true of motorcycle accident cases, where losses may be more severe. An opposing party is very likely to try to blame an accident on a motorcycle driver, as stigma can be attached to motorcycles and motorcycle drivers.

As such, you should follow these post-crash steps to both ensure your safety and help you prepare for when you file a claim.

Go to Safety and Get Help

Move away from the accident scene and to the side of the road or sidewalk if you can do so safely. This can help prevent you from getting hurt if another collision occurs at the scene of the accident.

Once you are safe, the second thing you should do is call for help. First responders can secure the scene of the accident and help others who are trapped or badly injured. A police officer may also generate a report of the accident and assess how it occurred.

Seek Medical Attention

Even if you don’t have visible injuries, you should seek medical care as soon as possible. You must be reviewed by a medical professional right after an accident to receive medical treatment. Motorcycle accidents, and other auto crashes, can cause severe internal injuries that you may not be aware of in the moment.

Note, too, that you may have trouble filing a claim for compensation if there are no medical records of your injuries after an accident.

For more on this and related topics, call Schwartzapfel Lawyers at 1-516-342-2200 or visit us online to schedule your free consultation today!

Report the Accident and Gather Evidence

In New York, you must file an accident report to the DMV within (10) days of an accident or crash. After that, you can start building your case.

Gather as much evidence as you can before filing a claim. Any information about the crash can help you prove that it occurred due to the negligence or actions of another party and that you were not at fault for your injuries.

Evidence in a case may include and can extend beyond: police reports, witness statements from bystanders, a record of damage to your motorcycle or gear, security and/or traffic camera footage, and medical documentation. Also, if possible, you should record the other driver’s license plate numbers and swap insurance information and contact information.

In a single-vehicle accident, evidence can include but is not limited to: obstructions, road signs, gravel and/or skidmarks, and even the sun’s position. As such, it is absolutely critical to document and record as much evidence as you can.

Hire the Right Lawyer

The best advantage you can give yourself and your case is to hire an experienced motorcycle accident attorney after an accident. While there is nothing wrong with representing yourself after filing a claim, skilled lawyers have legal experience and knowledge beyond what you can learn quickly.

A skilled lawyer can help you communicate with insurance companies, stand up against an opposing party, and help you get the maximum benefits you are entitled to.

Moreover, recovery from a motorcycle or auto accident injury can be a lengthy process. In this way and others, a seasoned lawyer can take care of your case while you rest and recover.

At Schwartzapfel Lawyers, we can provide you with an experienced auto accident lawyer to handle your claim. To speak with one today, please give us a call at 1-516-342-2200.

Filing a Claim and Recovering Damages

Once you have taken the initial steps to file your claim, you can start thinking about how to proceed. Depending on the severity of the accident, you may be able to receive coverage through the opposing party’s auto insurance policy.

If you suffered severe damages after an accident, or if an at-fault party’s actions were especially harmful, you may be able to file a lawsuit against them.

An auto accident case may also become a lawsuit if insurance does not offer sufficient coverage to the harmed party.

How Are Damages Calculated?

To avoid being offered an unfair settlement, you should be familiar with the coverage you are entitled to.

After a motorcycle accident, you may be eligible to receive compensation for:

  • All medical bills related to your injuries.
  • Lost income or wages due to missing work during recovery.
  • Compensation for emotional or mental distress caused by an accident.
  • Compensation for long-term impairment or disability.
  • Additional compensation for harmful actions committed by an at-fault party.
  • Property damage to your motorcycle and any safety gear.

The financial compensation you may receive depends on how the accident happened and the severity of your injuries. The right lawyer can help you calculate damages you incurred after an accident. They can also help you determine how much compensation you may be eligible to claim and help maintain your rights for coverage.

At Schwartzapfel Lawyers, we have more than 150 years of combined experience in all types of auto accident cases and can provide you with the right support. To hire a seasoned trial attorney at no cost, you can contact us by calling 1-516-342-2200 now!

It would be our honor and privilege to fight for you both in and out of court. Also, you should know that if you don’t act now, your window to file a claim and recover financially may soon close forever.

To keep that from happening, call Schwartzapfel Lawyers today! Simply dial 1-516-342-2200 and potentially save yourself miles of headache, heartache, and financial strain down the road.

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!

Sources:

Schwartzapfel Lawyers, P.C. | Fighting For You™™

Motor Vehicle Collision Report Statistics Citywide | New York City Police Department

Motorcycle Accident Statistics & Numbers For 2023 | Forbes Advisor

Human Factors: Personal Protective Equipment | National Highway Traffic Safety Administration

New York DMV | Press Release – 05-13-2022

New York City Motorcycle Safety Study | New York City Department of Transportation

Personal Injury | American Bar Association

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