Staten Island Motorcycle Accident Lawyers
Many people choose to use motorcycles as their primary method of transportation because they are cheaper than cars, compact, and frequently more fuel-efficient than their four-wheeled cousins. More still choose motorcycles because they have a certain “cool factor,” can serve as a means of personal expression, are just plain fun to ride, and countless other reasons. However, some number of motorcyclists, just like drivers of any other vehicle, will, unfortunately, get into motor vehicle accidents. In a motorcycle accident, motorcyclists can get seriously injured and, consequently, rack up enormous medical expenses.
If you were in a motorcycle accident in Staten Island, our attorneys can help you out. We have experience representing plaintiffs injured in motorcycle accidents and will fight hard to make sure you have the best shot possible at getting the financial compensation you deserve.
For a free case review, call The Carrion Law Firm’s motorcycle accident lawyers at (718) 841-0083.
Injuries in Staten Island, NY Motorcycle Accident Lawsuits
Motorcycle injuries can be quite serious and require intensive medical care. Furthermore, it is not uncommon for a person riding a motorcycle to get more injured than anyone in a car, truck, or other motor vehicle because cars have more safety features than motorcycles, and a driver is much less exposed than a motorcycle rider. This is true even when motorcyclists take all possible safety precautions that a responsible motorcyclist should take.
Broken Bones
The impact forces involved in a motorcycle accident lawsuit can easily break bones. Virtually all fractures will require some kind of sling, cast, or other stabilizing apparatus to heal. During that time, you will not have much ability to use the affected area. On the other hand, fractures in certain areas of the body may be difficult to put a cast on, so you may be dealing with a painful break until you get treatment. More serious breaks, like compound fractures, may require surgery to properly treat.
Additionally, once the injured area heals, you will likely need to undergo treatment to regain strength in the affected area since it likely did not see much use when you were recovering. This could include diet changes as well as exercise and other physical therapy.
Traumatic Brain Injury
A traumatic brain injury (TBI) is when a hard blow to the head damages the brain. TBIs almost universally have serious consequences. The type of traumatic brain injury most are familiar with – a concussion – is one of the less serious versions of this injury, but it can still lead to memory loss, unwanted mood swings, and sensitivity to light and sound. Moreover, concussions have a tendency to get worse if the victim has had a concussion in the past.
More severe traumatic brain injuries can have catastrophic consequences. You could lose the use of limbs, the ability to speak or communicate, large portions of your memory, or, in the worst cases, succumb to the injury.
Nerve Damage
Landing on the wrong part of your body can damage nerves in that area. Pinched, damaged, or destroyed nerves can result in chronic pain, numbness, or limited use of the affected area.
In a motorcycle accident, you will likely not have a lot of control as to where you end up. Your body hitting the ground or another object could result in loss of range of motion in your arms, legs, or other areas.
Road Rash
A road rash is a skin abrasion that results from falling onto or sliding along a pavement, road, or similar surface. Road rash can, admittedly, be far less serious than the previously discussed injuries. However, it can also be quite serious. For example, more severe abrasions, which separate muscle tissue from the bone, can result from the same set of circumstances that cause road rash.
Death
The grim reality is that motorcycle riders in an accident will, on some occasions, die from their injuries. If you are seeking to file a lawsuit on behalf of a deceased loved one under this set of circumstances, it will be a wrongful death claim, which is different from a motorcycle accident lawsuit where the plaintiff is still living. There are different rules for wrongful death claims, so speak with our motorcycle accident lawyers about your particular situation.
Causes of Motorcycle Accidents in Staten Island, NY
Motorcycle accidents happen for a number of reasons. It is important to be specific about what exactly caused your motorcycle accident because it will become a central part of your motorcycle accident lawsuit.
Negligent Drivers
Perhaps the most common reason motorcycle riders get injured is because another driver messed up. In law, “messing up” is called negligence. To prove negligence, you need to show that the defendant was careless and that the defendant caused your injuries.
Drivers can be negligent in many different ways. Some are codified in laws, such as drunk driving or following speed limits. Other forms of driver negligence include aggressive driving that puts other motorists in danger.
Negligent Manufacturing Companies
If your motorcycle accident was caused by a problem with the motorcycle, you may have a claim against the manufacturer or the entity that did maintenance on the vehicle. Manufacturing problems are referred to as “defects,” and they include anything that can cause an injury in the ordinary course of motorcycle operation. Examples of defects that could plague a motorcycle and get the rider in an accident would include faulty electrical wiring or improperly installed brakes.
Determining How Much Your Motorcycle Accident Case is Worth in Staten Island, NY
Lawsuits for motorcycle accidents in Staten Island are often worth a significant amount of compensation because of the serious injuries involved. However, each case is different, so determining how much your claim is worth means assessing all the damages you sustained. “Damages” in a lawsuit specifically refers to the financial and non-financial losses the accident and your injuries have caused. Working with an experienced lawyer will help ensure that your damages are accurately calculated and fought for.
The most immediate damages you will likely feel the impact of is your economic losses. Depending on your injuries, you might have mounting medical bills, lost wages, and other expenses. In many cases, the motorcycle either needs to be repaired or completely replaced. Medical experts can also determine if you will need medical care in the future, which can be included in your settlement demand. You should also be compensated for not being able to do the same work as you did before.
The other portion of your damages will be your non-economic losses, also known as “pain and suffering.” These are harder to quantify but no less impactful on your life. Victims of motorcycle accidents often tolerate physical pain from their injuries years after the accidents happen. If they fear getting back on the bike or have anxiety on the road where they did not before, they should be compensated for their emotional distress. If you are married and your injuries are preventing you from experiencing the fullness of your relationship, you can claim this loss, as well.
You could also be awarded punitive damages depending on how the defendant caused the accident. These damages do not account for any specific loss you have but are meant as a punishment for the defendant. If your motorcycle accident was caused by reckless or egregious conduct, you might receive punitive damages. For instance, punitive damages are commonly awarded to DUI victims in Staten Island.
How to Prove Damages and Liability in Your Motorcycle Accident Claim in Staten Island, NY
To recover compensation in an accident claim, you need evidence. Evidence in a motorcycle accident claim comes in many forms, like reports and invoices. You will need evidence that shows what kind of injuries you suffered and how the defendant caused them. You will also need evidence that proves how the accident has impacted your life moving forward. The following are common types of evidence we use to prove clients’ cases in Staten Island:
Pictures
Photographic evidence can be very helpful in your claim. Much of the destructive evidence from the scene and your bike will not be preserved until the trial. By taking pictures of the accident scene and property damage, you give the court more context and your testimony more weight.
You should also take photos of your injuries on the scene or at the hospital. Lawsuits can take a long time to proceed, especially ones that involve serious injuries. It could be months or even years before a case goes to trial. By the time the case is presented to the court, the plaintiff might appear healed to the court. This might give a jury the false impression that the accident was not that serious. Photos of your injuries will preserve the gravity of the accident.
Medical Records
Much of your financial losses will come from your medical expenses. Thus, you should not fail to get medical care after your accident and follow your treatment plan to the letter. If you wait a week or even a few days to get treatment, the defense will use that as an opening to argue that your injuries were not as serious as you claim. The other side will also look to see if you missed appointments, as gaps in treatment imply that you were not in that much pain.
Testimony
Testimony about a motorcycle accident is crucial evidence in most lawsuits. This includes testimony from yourself, the defendant, and any witnesses who saw the crash.
You will usually need to testify about what you were doing before the accident occurred and how the defendant caused the collision. You will also explain your injuries to the court and how they have impacted you physically and emotionally. Much of the proof for your “pain and suffering” damages will come from your statements. For instance, you will want to tell the jury about the chronic physical pain you have lived with since you were injured.
Eyewitness testimony can be pivotal because it offers a view of the accident from a perspective other than the plaintiff’s. Juries know plaintiffs are trying to recover money, so they might be suspicious of their motivation. Most witnesses do not have an incentive to lie for someone they likely do not know. Thus, an uninterested witness can add to the credibility of your claim.
Call Our Staten Island, NY Motorcycle Accident Lawyers Today
The Carrion Law Firm’s motorcycle accident attorneys are ready to take your call and talk about your case when you reach out to us at (718) 841-0083.