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Brooklyn Motorcycle Accidents: Know Your Rights & Get Just Compensation

 In Blog, Law

In an ever-bustling world and following an increased demand for individual modes of transportation, Brooklyn motorcycle accidents are a serious threat to riders. More and more drivers are exploring the option of operating a motorcycle. Considering the nuisance of traffic buildup, a prominent issue on Brooklyn highways and roadways, it is unsurprising that more people are turning to motorcycles to beat the congestion.

Despite the benefits of operating a motorcycle in a traffic-dense city, in case of Brooklyn motorcycle accidents, motorcyclists face a higher probability of life-altering injuries and fatalities than people in passenger vehicles. According to the Institute for Traffic Safety Management and Research, as of 2021, personal injury crashes account for 74.45% of motorcycle accidents.

Fatalities are High in Brooklyn Motorcycle Accidents

As police-reported, the severity of motorcycle crashes shows that 4.25% are classified as fatal, 21.85% as serious, and 24.33% as moderate. Brooklyn motorcycle accidents certainly accounted for a portion of this.

In comparison, in 2021, vehicle collision statistics, data collected on collisions between cars show much lower numbers in both occurrence and severity. Personal injury crashes account for 28.45% of accidents; 0.31% are classified as fatal; 2.83% as serious; and 4.71% as moderate.

Many Drivers Blame Brooklyn Motorcycle Accidents on Riders

In the eyes of certain biased individuals, motorcyclists are often seen as more careless and accident-prone than the typical driver of an automobile. Regardless of the parties involved in Brooklyn motorcycle accidents, the negligent party is the one that must be held responsible. It can be difficult to steer people away from any preconceived notions they have about motorcyclists and their role in an accident, making it even more critical for injured motorcyclists to seek representation from a personal injury attorney experienced in these sorts of cases.

Have an Advocate on Your Side: Brooklyn Personal Injury Attorney Irene H. Gabo, Esq.

Having a strong legal advocate while building your case as an injured rider is extremely important to receive justice and the compensation you deserve. At the Law Offices of Irene H. Gabo, Esq., our Brooklyn motorcycle accident attorneys can help get you on your feet.

Common Causes of Motorcycle Accidents

According to the New York City Motorcycle Safety Study conducted by the New York City Department of Transportation, the most cited causes of motorcycle injury crashes are overtaking, rear-ending, right-angle movements, and left turns. Motorcycle accidents due to overtaking and left turns happen at a particularly high rate, at 14% and 10%, respectively, compared to all other motor vehicle injury crashes, at 6% and 4%, respectively.

The data indicates that there is a root factor contributing to these higher statistics – visibility issues. There are many ways that visibility issues can arise. A passenger vehicle’s driver may miscalculate the size of the motorcycle or lose it in a blind spot. Poor road conditions, such as dim lighting and wet and icy roads, may prevent a driver from fully focusing on the road and recognizing a motorcycle nearby. If you are injured due to the negligence of another party in a motorcycle accident, as a motorcyclist or otherwise, the Law Offices of Irene H. Gabo Esq. have the expertise and experience to ensure you are justly compensated.

Accident Inducing Behavior – Lane Splitting

Another common accident-inducing behavior with Brooklyn motorcycle accidents is lane splitting. This is the practice of weaving between standstill or moving traffic at a speed higher than the surrounding vehicles. Lane splitting is incredibly dangerous to motorcycle operators and surrounding drivers, cyclists, and pedestrians alike, who might not react to the motorcycle’s movements in time. This action also increases the possibility of a collision between surrounding vehicles – if one car sees a motorcyclist engaging in lane splitting, they might overcompensate in making room for them and collide with another passenger vehicle. Not only is lane splitting an unnecessary and dangerous thing to do in Brooklyn, but it is also explicitly illegal in New York State.

A free consultation at the Law Office of Irene H. Gabo, Esq. can help you navigate the aftermath of a motorcycle accident.

Brooklyn Motorcycle Accidents – Common Injuries and Their Severity

The simplest reason for Brooklyn motorcycle accidents having much higher fatality and severity of injury rates is that motorcycles do not offer the protection to their operator that standard passenger vehicles do. The motorcycle’s design makes it more susceptible to dangerous road conditions and surrounding vehicles, making the probability of a driver losing control of their bike or being thrown off significantly higher.

Motorcycles do not have many accident-prevention features built in, with one of the most important protections for operators being something entirely independent of the bike – a helmet.

Wearing a Helmet is Essential in Brooklyn Motorcycle Accidents

Wearing a helmet and being safety conscious is not always enough to prevent injury in a motorcycle accident. A collision can result in a wide array of injuries, the most common of which are listed as follows:

  • Death
  • Bone Fractures
  • Traumatic Brain Injury (TBI)
  • Burns
  • Concussions
  • Spinal Cord Injuries
  • Internal Bleeding
  • Disfigurement
  • Paralysis
  • Dismemberment

The injured party of a motorcycle accident may sustain serious and life-altering injuries, which will require intensive medical care and, consequently, high medical bills. It is extremely important to know your rights regarding insurance coverage and alternative means of receiving compensation in the case of such an incident. Calling the Law Office of Irene H. Gabo, Esq. at 800-560-0214 for a free consultation is a good start to understanding your legal rights.

Alternatives to No-Fault – How Can You Stay Protected?

Even the most safety-conscious motorcycle operator can be involved in an accident, so it is extremely important to note that as a motorcyclist in New York State, the No-Fault insurance available to drivers of passenger vehicles does not apply to you. Since motorcycle operators are not covered under No-Fault insurance, their medical bills are not covered either, unless private medical insurance exists.

Considering how much more severe motorcyclists’ injuries tend to be in an accident, this is a very serious issue. There is a silver lining in this situation, though. Motorcycle operators do not have to meet the burden of Insurance Law 5102(d), which requires serious injury to be classified under specific conditions.

Typical Conditions Under Insurance Law 5102(d):

These conditions are as follows:

  • Death
  • Dismemberment
  • Significant disfigurement
  • A fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function, or system
  • Permanent consequential limitation of use of a body organ or member
  • A significant limitation of the use of a body function or system
  • A medically determined injury or impairment of a non-permanent nature prevents the injured person from performing substantially all of the material acts that constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

This means that motorcycle operators, who have been personally injured, are not required to match any condition required by this clause of the law to be considered injured and have the right to compensation.

If You Have Been in an Accident Involving a Motorcycle, Operator or Otherwise, Contact Us Today

If you have been personally injured as or by a motorcycle operator, do not hesitate to seek legal counsel. A skilled and experienced personal injury attorney to guide you through your case is critical in ensuring justice is served, and you are justly compensated. Contact our law firm and personal injury attorney, Irene H. Gabo Esq., for expert guidance and a free consultation today.

Don’t hesitate to contact our office with any questions at (800) 560-0214 or complete the form on our website to get started.