Riding a motorcycle can be exhilarating, but it is not without risks. For example, motorcycles lack the external protection provided by other vehicles; as such, even collisions that seem minor can cause traumatic injuries to the back and neck. Further, crashes that involve a substantial degree of force can lead to devastating and debilitating spinal injuries. Most motorcycle accidents are avoidable, though, and only occur due to motorists who fail to operate their vehicles with appropriate care and consideration for other people on the road. If you sustained trauma in a motorcycle crash, you may be owed damages, and you should contact an attorney promptly. The assertive Syracuse personal injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are skilled at demonstrating fault for back and neck injuries in motorcycle accidents, and if we represent you, we will fight to help you seek the outcome you deserve. We routinely represent injured parties in motorcycle accident cases in Syracuse, Rochester, and throughout Upstate New York.
Back and Neck Injuries in Motorcycle AccidentsBack and neck injuries are common in motorcycle accidents due to the lack of protection for riders and the amount of force high-impact collisions typically cause. These injuries often occur when a motorcyclist is thrown from the bike, collides with another vehicle or object, or hits the ground at high speed. The sudden deceleration during a crash can cause whiplash, where the neck is violently jerked forward and backward, leading to soft tissue damage, ligament strains, or even fractures in the cervical spine. Additionally, direct trauma can result from impact with hard surfaces, causing vertebral fractures, spinal cord damage, or herniated discs. Factors such as excessive speed and the angle of the collision can further increase the risk of severe back and neck injuries. These injuries can lead to chronic pain, limited mobility, and, in some cases, permanent disability.
Proving Fault for Back and Neck Injuries in Motorcycle AccidentsProving fault for back and neck injuries in motorcycle accidents typically requires the injured party to show the defendant’s negligence. Under New York law, establishing negligence requires a plaintiff to demonstrate that the defendant owed the plaintiff a duty and that the defendant breached the duty owed. Generally, the duty a motorist owes to other travelers is to operate their vehicle with reasonable care. The plaintiff then has to show that the defendant’s failure to uphold the duty owed directly caused the accident, which in turn caused the plaintiff’s injuries.
Evidence such as police reports, witness statements, traffic camera footage, and expert testimony, including accident reconstruction, can help establish a defendant’s negligence. In some cases, other factors like road defects, improper signage, or malfunctioning traffic signals may contribute to the accident, shifting liability to local municipalities or other third parties.
New York follows a comparative negligence rule, meaning that even if the motorcyclist is partially at fault for the accident, they can still recover damages, but their compensation will be reduced by their percentage of fault.
Regarding the compensation recoverable for back and neck injuries in motorcycle accidents, New York law allows injured parties to pursue both economic and non-economic damages. Economic damages include measurable losses such as medical expenses, lost wages, and the cost of future medical care. Non-economic damages encompass pain, suffering, and emotional distress, which are often significant in cases of chronic pain or permanent disability. In cases of extreme negligence or recklessness, punitive damages may also be available.
Meet With a Trusted Motorcycle Accident Attorney in Syracuse, Rochester, or Upstate New YorkIf you were hurt in a collision involving a motorcycle, you may be owed substantial compensation from the parties who caused your harm, and you should meet with an attorney. The trusted Syracuse motorcycle accident attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess the circumstances surrounding your harm and aid you in seeking the maximum damages available. We often represent people in personal injury lawsuits in Syracuse and in Rochester, and throughout Upstate New York. To arrange a confidential and free meeting, you can reach us through our online form or by calling us at 833-200-2000.