Motorcycle accidents in Syracuse can result in catastrophic injuries or fatalities. They can be the result of speeding, drunk driving, tailgating, or failure to yield. Motorcyclists are particularly vulnerable in these situations because drivers of larger vehicles may misjudge distances or speeds, or be too distracted to notice a motorcyclist on the road. Unlike those in larger vehicles, motorcyclists have no cushion to absorb the force of a crash. Riders harmed in aggressive driving motorcycle accidents should talk to the Syracuse motorcycle accident attorneys of DeFrancisco & Falgiatano.
Aggressive Driving Motorcycle AccidentsMotorcyclists are unprotected in a collision caused by the driver of a larger vehicle. Aggressive drivers can cause serious injuries by failing to yield, speeding or weaving through traffic. A driver might not be alert to the presence of a motorcyclist or understand that the motorcyclist is entitled to the same rights to the road.
In some cases, the influence of alcohol or drugs cause drivers to behave aggressively. Substances may alter mood or induce anger. For instance, if you are riding your motorcycle and a drunk driver starts tailgating you, a serious motorcycle accident may result if traffic suddenly slows or stops.
In order to recover damages in aggressive driving motorcycle accidents, riders need to demonstrate it’s more likely than not: (1) they were owed a duty of care by the defendant, (2) breach of the duty of care, (3) causation and (4) damages. A driver departs from the duty to use reasonable care if he engages in aggressive behavior towards motorcycles in intersections and while changing lanes.
Comparative NegligenceOften, there’s a bias against motorcyclists. Insurers believe that jurors may be swayed against motorcyclists. Many drivers don’t fully understand that motorcyclists have the same rights as drivers of larger vehicles. It’s important to retain an experienced lawyer who understands this bias and how to speak persuasively to insurers and a jury about what happened to you. New York follows the rule of pure comparative negligence. That means your damages can be reduced by an amount equal to your percentage of fault. For example, if you drive between lanes of stopped or slowed traffic, you may be partially to blame for the accident that arises out of lane splitting. A jury might assign 50% responsibility to you and 50% responsibility to a driver who made an unsafe lane change that triggered your crash. If your damages are $500,000, you would be able to recover $250,000.
In New York, all motorcyclists and their passengers need to wear helmets that meet certain standards. If you don’t wear a helmet and find yourself in a motorcycle crash that results in disabling traumatic brain injuries, the defendant’s insurance adjustor and attorney may argue that your comparative negligence contributed to your injuries.
DamagesYou may be able to recover compensatory damages by establishing a defendant’s liability. These are damages intended to put you back in the position you would have been in had there not been an accident. They can include economic losses such as lost wages, medical bills, out-of-pocket costs, and replacement services. Noneconomic losses include loss of enjoyment, pain and suffering, and loss of consortium.
It may be appropriate to sue for your pecuniary losses in a wrongful death lawsuit if a loved one died as a result of an aggressive driving motorcycle accident.
Retain an Experienced Syracuse LawyerIf you were injured in an aggressive driving motorcycle accident, you should talk to our seasoned attorneys about whether you have a viable claim. We represent motorcycle accident victims across upstate New York in Syracuse, Rochester, Watertown, Lowville, Oswego, Auburn, Canandaigua, Wampsville, Ithaca, Lyons, Oneida, Cooperstown, Utica, Elmira, Herkimer, and Binghamton. Complete DeFrancisco & Falgiatano’s online form or call us at 833-200-2000.