Traumatic brain injuries are often caused by a blow or jolt to the head. Brain injuries can range from mild to catastrophic. Sometimes only a mild concussion results from an accident. However, severe permanent brain damage or a fatal brain injury are also possible. If you or a loved one have suffered a brain injury in a motorcycle accident, you may have legal options. Very few people are prepared for the expenses associated with traumatic brain injuries, and it’s important to have a fearless and knowledgeable advocate on your side. At DeFrancisco & Falgiatano, our seasoned Syracuse motorcycle accident attorneys may be able to help.
Brain Injuries in Motorcycle AccidentsThe severity and longevity of the brain damage inflicted by a motorcycle accident can depend on the precise injury. Mild brain injuries may resolve quickly. However, symptoms are more pronounced with moderate brain injuries. Sometimes problems persist beyond a year, even with moderate brain injuries. However, some motorcyclists who are involved in crashes suffer severe or catastrophic brain injuries. They may face life-altering problems. They may suffer physical, behavioral, and cognitive disabilities. Those in a coma can depend on others for the remainder of their lives. Brain injuries can also be quite expensive to treat.
If you were in a motorcycle accident caused by someone else, you shouldn’t have to shoulder the expenses of your brain injury alone. You may be able to recover compensation by filing a lawsuit, and a dedicated motorcycle accident lawyer can represent you. Motorcyclists aren’t covered under the no-fault law. If you suffer brain injuries in a motorcycle accident, you will not be able to recover damages through your own personal injury protection coverage. Instead, assuming someone else’s actions or omissions caused your motorcycle accident, you’ll need to file a claim or lawsuit against that person or entity to recover compensation.
LiabilityIn order to recover damages in most cases involving motorcycle accidents, you’ll need to establish negligence by proving: (1) the defendant owed you a duty of care, (2) breach of duty, (3) causation, and (4) damages. When a driver fails to notice a motorcyclist in traffic, or speeds, drives drunk, tailgates, fails to check blind spots, fails to obey traffic signals and signs, or weaves recklessly, he may have breached the duty to use reasonable care. It can be important to look carefully at the circumstances leading up to the accident in determining whether you have a valid claim. For example, if a defective motorcycle component caused the crash, it may be possible to hold the manufacturer or another actor in the chain of commerce accountable for your harm. It may also be possible to hold a government entity that fails to repair dangerous road conditions liable if this failure caused your injuries.
There is a universal motorcycle helmet law in New York. All motorcyclists and passengers on motorcycles need to wear a helmet. Failure to wear a helmet can result in catastrophic brain injuries. Additionally, it is possible that an at-fault driver will argue that you were comparatively negligent in causing your own brain injuries because you failed to wear a helmet. Where a jury finds there was comparative negligence, your damages will be reduced in proportion to your percentage of fault. For example, if your damages are $1 million, but you are found to be 50% at fault for failing to wear a helmet, you may only be able to recover $500,000 from the defendant(s).
If you can establish liability, you may be awarded compensation for your medical bills, lost income, pain and suffering, and lost enjoyment due to the brain injuries you suffered in your motorcycle accident. The amount of the damages you can collect will depend on the extent of your brain injuries. If the brain injuries are catastrophic, such that you can no longer function on your own, it may be possible to recover damages such as replacement services for tasks you can no longer perform yourself, or even the cost of caregiving.
Knowledgeable Attorneys for Motorcycle Accidents in SyracuseIf you suffered brain injuries in a motorcycle accident in Syracuse, you can talk to a seasoned attorney at our firm. DeFrancisco & Falgiatano assists victims of serious accidents in Syracuse, Rochester, and throughout Upstate New York, including in Canandaigua, Binghamton, Oneida, Ithaca, Cooperstown, Watertown, Auburn, Lyons, Herkimer, Elmira, Wampsville, Utica, Lowville, and Oswego. Call us at 833-200-2000 or contact us via our online form.