Motorcyclists face more danger as a result of a collision than do drivers or passengers in ordinary personal vehicles. However, if another driver’s negligence was responsible for the crash, motorcyclists can and should still be able to recover compensation for their harms.
Blind spots, sudden stops, car doors, potholes, and drunk drivers are just a few of the hazards that riders face every day. If you were recently injured in an accident that was not your fault, contact a lawyer to help you identify who was at fault, gather evidence, and file your claim before the deadline.
To get started, reach out to the dedicated Melville motorcycle accident lawyers at The Carrion Law Firm today by calling (631) 910-7493. We can offer you a free initial case assessment in exchange for your first call.
Causes of Motorcycle Accidents in Melville
In addition to all of the typical forms of negligence that could cause a crash, motorcyclists are vulnerable to a number of additional driving practices that might not take motorcycles into account. Below are just a few examples of instances that may imperil motorcyclists at a higher rate than your average motorist.
Blind Spots
In any car, there are certain areas that are obscured from the driver’s natural view. Drivers are therefore responsible for accounting for the possibility that another vehicle could occupy those areas when turning or changing lanes. This is particularly troubling for motorcyclists, who occupy much less space and therefore may be harder to see in blind spots.
Sudden Stops
Drivers should always indicate when they intend to stop or turn through use of their turn signals and hazards. This is especially important for motorcyclists, who cannot stop short in the same fashion as an ordinary car. Further, the consequences of a rear-end collision with a motorcycle are generally much more substantial for the rider than the other parties involved.
Opening Car Doors
People in stopped cars often think they are beyond the point where they must pay attention to the road. However, this is far from the case. If a driver or passenger on the road-facing side of the vehicle opens their door into oncoming traffic, the bodily harm and property damages that may result could be substantial, particularly if the door opens into the path of a motorcycle.
Obstacles and Poorly Maintained Roads
Infrastructure is crumbling across the country. Large potholes, divots, and other areas of uneven driving surface on the road pose serious issues for motorcyclists. While a car might tackle these challenges and only sustain structural damage, motorcycles may slide, bounce, or be thrown from the ground upon impact. This serves as an example of where an injured motorcyclist may have the grounds for a lawsuit despite the cause not being another driver’s negligence.
Driving Under the Influence
Drunk driving remains one of the largest causes of injury and death in car and motorcycle accidents across the country, not just in New York. If you were injured by a driver that was under the influence of drugs or alcohol at the time of the accident, you almost assuredly can file and win a lawsuit against them for your compensable harms, as well as potential punitive damages.
Filing a Lawsuit After a Motorcycle Accident in Melville
The best way to recover compensation after someone else caused you to crash your motorcycle is to file a lawsuit against them. This process involves several steps, including identifying who was responsible, establishing the elements of a personal injury claim, and meeting the relevant time limits on your case.
Identifying the Defendant
In most cases, fault for a motorcycle accident can be traced to the negligent behavior of one of the drivers involved in the crash. If this party is another driver, you can sue them and recover through their insurance provider. However, it is important to note that not all accidents are caused by other drivers. If your crash was caused by unsafe, poorly maintained roadways, you may have a case against the government entity responsible for them. If your motorcycle malfunctioned, the manufacturing company could be liable for producing a vehicle with defects. One of the first steps that your Melville motorcycle accident attorney will likely take is to identify who was at fault for causing the accident.
Proving Your Case
All drivers owe a duty of care to others with whom they share the road. To meet this duty and avoid liability, drivers must behave reasonably behind the wheel and abide by the various traffic codes and regulations that apply in the areas where they operate. If a driver’s failure to meet their duty resulted in the accident, and that accident caused you compensable bodily injury, you have the ability to file a lawsuit. To prove these essential elements, your Melville motorcycle accident lawyer will look to introduce physical evidence as well as expert testimony about how the accident occurred, your resulting injuries, and how they have and will continue to affect you.
Filing on Time
Under New York’s statute of limitations for vehicular accident injuries, plaintiffs only have three years from the date of their accident to file their lawsuit. Missing this deadline would be devastating for your chances of recovery. Preparing your initial filing may take some time. Further, you may be facing earlier deadlines for notice if you plan to sue a government entity for damages. Whatever the case may be, it is always best to contact a Melville motorcycle accident attorney as soon as you have received the immediate and necessary medical treatment for your injuries.
Get a Free Case Assessment from Our Melville Motorcycle Accident Attorneys Today
To learn more about your potential claim and how you can recover compensation, contact the seasoned Melville motorcycle accident attorneys of The Carrion Law Firm at (631) 910-7493 and get your first case evaluation for free.