Brookhaven, NY Motorcycle Accident Lawyer
Motorcycles are an attractive transportation option to many Americans because of their association with freedom, independence, and rebellion. Additionally, riding a motorcycle allows for a significantly different driving experience than driving a car. You can feel the wind in your face, the thrill of driving and speed, and hopefully, no bugs end up in your teeth. Unfortunately, many of the benefits of riding a motorcycle also make them prone to accidents. Because motorcyclists are more exposed than drivers of cars, vans, and other vehicles, they are much more likely to get seriously injured in accidents.
If you got in a motorcycle accident in Brookhaven, NY, our lawyers can help you. We know how difficult it can be to recover from injuries sustained in a motorcycle accident. We will take care of all the legal legwork and fight hard for you so that you can focus on getting back on your feet.
Call our motorcycle accident lawyers at The Carrion Law Firm at (718) 841-0083 for a free discussion of your case.
Do I Need to Wear a Motorcycle Helmet in Brookhaven, NY?
You are required by law to wear a motorcycle helmet in Brookhaven. V.A.T. Law § 381(6) mandates that all motorcyclists wear a helmet compliant with federal motor vehicle safety standards. In addition, § 381(7) requires that all people riding motorcycles wear goggles or a “face shield” in addition to a helmet.
Not wearing a helmet can make injuries from a motorcycle accident much worse. Moreover, the fact that you did not wear a helmet could be used against you to weaken your case. Whether you wore a helmet or not, our motorcycle accident lawyers will make a compelling argument that you deserve compensation for your injuries and downplay the lack of a helmet if necessary.
Who to Sue in a Brookhaven, NY Motorcycle Accident
Depending on the cause of your accident, there are different entities you might want to take to court.
If another driver hit you while you were on your motorcycle, you should absolutely include them in your lawsuit. To recover damages from a driver, or any defendant for that matter, in a motorcycle accident lawsuit, you need to prove that they were negligent. In law, negligence means that another party was careless, and that their carelessness was closely related to the cause of your injuries. Ways drivers can be negligent and cause an accident include speeding, constantly shifting lanes, failing to use turn signals, and driving in an aggressive, unsafe manner.
The other driver does not necessarily need to hit you to be liable for your injuries. For example, if you took evasive action to avoid a driver that was speeding and shifting lanes all the time, they could still be liable in a lawsuit for causing your injuries.
The Other Driver’s Employer
If the driver of the vehicle that hit you was doing something work-related when they hit you, you can sue their employer for the driver’s negligence. The idea behind this legal principle is that employers are often in a better position to compensate plaintiffs for their injuries than employees. Employees can be what is called “judgment proof” or unable to pay you damages even if your lawsuit is successful.
Employers are liable for their employees’ conduct only under certain circumstances. The employee must be doing something work-related when they injure you for the employer to be liable. For example, if a delivery driver hits you on the way to their destination, their employer will be liable for your injuries. However, if that same delivery driver decides to run some errands instead of doing their job and hits you on the way, the employer cannot be held liable for their employee’s conduct.
Some motorcycle accidents are not caused by the actions of other drivers but by a problem with the motorcycle itself. In law, these problems are called “defects.” Manufacturing defects are problems that come about during the construction or maintenance of the motorcycle. Examples of motorcycle manufacturing defects that could cause an accident include faulty brakes that do not stop when the driver presses down on them, turn signals that do not work and tires that pop when under too much pressure.
Safety Equipment Manufacturers
Many motorcyclists take extensive safety precautions when riding their vehicles because they know how important safety equipment is in an accident. Unfortunately, sometimes helmets and other safety gear do not work as advertised. It is against the law in New York to sell helmets that do not meet federal safety standards. If you suspect that you were sold a dud safety helmet, jacket, boots, or other motorcycle safety gear, you should discuss the situation with our lawyers.
What if You Are Blamed for Your Own Brookhaven, NY, Motorcycle Accident
Since it is accepted that there is a certain level of risk associated with riding a motorcycle, there is a chance that first responders and police officers could write off your accident as being solely your fault instead of understanding that you were injured for another reason. The reality is that many factors could contribute to a motorcycle accident that was outside of your control. Problems can arise with the motorcycle itself, the road could be poorly maintained and covered with debris, and other drivers could force you to take emergency action to try and keep yourself safe. Our lawyers understand that not every motorcycle accident is a risk-taker getting their comeuppance, and we will fight hard to get the court to see it that way, too.
Talk to our Brookhaven, NY Motorcycle Accident Lawyers for Free Today
Our motorcycle accident lawyers with The Carrion Law Firm are ready to talk about your case at (718) 841-0083.