There is no buffer between a motorcyclist and either concrete or another vehicle. That means the injuries suffered by motorcyclists are often catastrophic, and sometimes fatal. Motorcycles are not considered motor vehicles within the meaning of New York’s no-fault law, which means you do not need to meet the “serious injury” threshold in order to bring a claim for damages. If you have suffered any of the common injuries in this kind of crash, the skillful Syracuse motorcycle accident attorneys of DeFrancisco & Falgiatano can assess your potential legal claims.
Common Injuries in Motorcycle AccidentsCommon injuries in motorcycle accidents include road rash, broken bones, burns, fractures, and disfigurement. Road rash is more serious than it sounds. It needs to be properly treated or else permanent damage can ensue. It can lead to infections and nerve damage. Similarly, fractures and broken bones can lead to disability and permanent nerve damage. Some common injuries can be avoided or at least reduced in severity by wearing protective gear such as leather pants, leather jackets, heavy boots, gloves, and a motorcycle helmet.
Even more severe injuries are also common, including spinal cord injuries, paralysis, traumatic brain injuries, and amputations. Sometimes these injuries are so severe they require lifelong care or lead to death.
LiabilityThere are many different causes of motorcycle accidents, including distracted drivers, dangerous road conditions, and traveling in groups without appropriate communication skills. It is harder for drivers of cars and trucks to see motorcyclists, and if a driver of a larger vehicle is distracted, he or she may fail to yield, drive too closely, or fail to check a blind spot where a motorcyclist is located. While potholes or loose gravel are not a big deal for larger vehicles, they can be extremely hazardous for motorcyclists.
Often, the public is biased against motorcyclists and insurers are aware of this bias. That means it can be especially difficult for a motorcyclist to recover appropriate compensation for common injuries. In order to recover compensatory damages, a motorcyclist must establish liability by proving: (1) the defendant owed a duty of reasonable care, (2) the defendant breached the duty of care, (3) causation and (4) damages. If, for example, you had the right of way traveling through an intersection, and the driver of a car turned left into your motorcycle, causing you to break your legs and suffer paralysis, it is likely the jury would find that the other driver’s breach of the duty to use reasonable care had caused your broken bones and paralysis.
New York follows the rule of comparative negligence. This means that your damages will be reduced by an amount equal to your percentage of fault.
DamagesThe damages you may be able to recover depend on the severity of your injuries. If you broke your leg in a motorcycle accident, you may be able to recover the costs of emergency treatment, the cast, follow-up medical appointments, out-of-pocket costs, and lost wages arising out of your broken leg. You can also recover noneconomic losses such as pain and suffering and loss of enjoyment. On the other hand, some common injuries are very serious, such as traumatic brain injuries and paralysis. Economic damages you may be able to obtain for these injuries include coverage for emergency treatment, medical bills, lost income, replacement services, caregiving services, and alterations to your home to account for your disabilities. Noneconomic damages can vary significantly, but may include any intangible losses that a jury believes would naturally arise from the kinds of injuries you have. They could include pain and suffering, mental anguish, loss of consortium, and loss of enjoyment.
Knowledgeable Motorcycle Accident Attorneys Serving SyracuseIf you suffered a common injury in a motorcycle accident in Syracuse, an experienced personal injury attorney will know how to counter potential juror bias against motorcyclists. The lawyers at DeFrancisco & Falgiatano represent motorcyclists as well as families making wrongful death claims. We also represent clients in Rochester, Utica, Elmira, Lyons, Auburn, Cooperstown, Wampsville, Watertown, Oswego, Lowville, Canandaigua, Oneida, Herkimer, Norwich, Ithaca, and Binghamton. Please call us at 833-200-2000 or contact us via our online form.