Advocates for Motorcycle Accident Victims in Queens
Queens is popular for many reasons, not least for its rich culture and diversity. It’s home to Flushing Meadows Corona Park, the Queens Museum, and Citi Field. Unfortunately, motorcycle accidents in Queens, New York, are quite frequent, with intersections being a common location for these incidents. In particular, busy intersections pose a big risk due to the chaotic nature of multiple lanes, with traffic traveling in all directions. Motorcyclists enjoy the freedom and exhilaration of the open road, but they are also vulnerable to severe injuries in the case of an accident. In Queens, NY, residents are known for enduring some of the longest commutes in the country.
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we’re attuned to the unique challenges motorcyclists face on the road. We have been recognized by Super Lawyers, rated “AV” by Martindale-Hubbell, listed in Best Lawyers directory, and recognized by the Million Dollar Advocates Forum.
If you have sustained injuries in a Queens motorcycle accident, we are here to assist you. Contact us (212) 986-7353 for a free consultation.
Common Accidents in Queens That Involve Motorcyclists
Motorcycle accidents in Queens, New York, seem to be influenced by several factors. Here are some of the common causes:
- Rush-Hour Traffic: Riding a motorcycle during congested rush-hour traffic is often dangerous and can lead to accidents.
- Road Hazards and Debris: Road hazards and debris can also cause motorcycle accidents.
- Poor Visibility: Many people do not realize that poor visibility is a common reason behind motorcycle crashes, both for riders and other motorists.
- Distracted Driving: Distracted driving has also been cited as a major cause of motorcycle accidents.
- Rear-End Collisions: Motorcyclists risk severe injury when struck from behind by larger vehicles, often due to limited visibility and reduced reaction time. Impact force can cause whiplash, spinal injuries, or head and brain injuries.
- Lane-Splitting Accidents: Riding between lanes exposes motorcyclists to sideswipes and collisions with changing vehicles in congested traffic, with reduced space and reaction time increasing accident likelihood.
- Intersection Accidents: Motorcycles are vulnerable at intersections, facing the risk of being struck by turning vehicles or those running red lights, often resulting in high-speed collisions and severe injuries.
- Sideswipe Accidents: Motorcycles are prone to sideswipes by larger vehicles due to their smaller size and reduced visibility, leading to potential loss of control and injury.
- Single-Vehicle Accidents: Crashes without other vehicles involve risks such as losing control on curves, hitting road hazards, or experiencing mechanical failures, often resulting in severe injuries or fatalities due to lack of rider protection.
Potential Injuries Suffered by Motorcyclists
Motorcyclists can suffer serious injuries following an accident, including:
- Road Rash: Skin abrasions from sliding on pavement can lead to severe scarring.
- Bone Fractures: The impact of crashes can break bones, particularly in the arms and legs.
- Head and Brain Injuries: Even with helmets, riders can suffer concussions or traumatic brain injuries.
- Spinal Cord Injuries: These can result in partial or complete paralysis.
- Internal Injuries: Organs can be damaged by the force of a collision.
Steps to Take After a Motorcycle Accident
After a motorcycle accident, it’s crucial to take the following steps:
- Seek Medical Attention: Check yourself and others involved for injuries, and call emergency services if needed. Even if injuries seem minor, seeking medical evaluation is essential. Some very serious or fatal injuries may not be immediately apparent.
- Contact Law Enforcement: Call the police to report the accident and request assistance. An official police report can be invaluable for insurance claims and legal proceedings, providing an objective record of the accident scene and statements from involved parties.
- Gather Evidence: Take photos of the accident scene, including vehicle positions, damage, road conditions, and any relevant signage or landmarks. If possible, collect contact information from witnesses, including names, phone numbers, and statements. This evidence can support your insurance claim and any legal actions.
- Notify Insurance Companies: Report the accident to your insurance company as soon as possible. Provide accurate details of the accident, including the other party’s insurance information, if available. Prompt notification helps expedite the claims process and ensures you meet any policy requirements.
- Document Details: Keep records of all medical treatment, including doctor visits, medications, and rehabilitation. Maintain a file with copies of accident reports, insurance correspondence, and any other relevant documents. This documentation will be essential for insurance claims, legal proceedings, and ensuring you receive fair compensation for your losses.
The Importance of Obtaining Full Compensation
Recovering full compensation is vital, especially when dealing with the long-term effects of a motorcycle accident:
- Medical Expenses: This covers costs associated with medical treatment, including hospital bills, surgeries, medications, rehabilitation, and therapy required due to injuries sustained in the accident.
- Lost Wages: Victims may be entitled to compensation for income lost due to inability to work during recovery, including current and future lost earnings, if the injuries result in long-term disability or reduced earning capacity.
- Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life resulting from the accident and injuries. The compensation may include payment related to psychological trauma and loss of enjoyment of life.
- Property Damage: Covers repair or replacement costs for damaged motorcycles and other property, including protective gear and personal belongings damaged in the accident.
Determining Liability and Insurance Claims
Identifying who’s at fault in a motorcycle accident can be complicated. It typically involves examining various factors, including:
- Negligence of Other Drivers: If another driver’s negligent actions, such as speeding, failure to yield, or improper lane changes, directly contribute to the accident, they may be held liable for damages. Evidence like witness statements, police reports, and traffic camera footage can help establish negligence.
- Road Conditions: Poor road conditions, such as potholes, uneven surfaces, or inadequate signage, can contribute to motorcycle accidents. If the government agency responsible for road maintenance fails to address these issues despite being aware of them, they may be held liable for negligence.
- Defective Motorcycle Parts: If a motorcycle accident is caused by defective parts, such as faulty brakes, tires, or steering mechanisms, the manufacturer or distributor of the defective part may be held liable under product liability laws. Expert analysis and product testing can help establish the link between the defect and the accident.
- Driver Impairment: Impairment due to factors like alcohol, drugs, or distraction significantly increases the risk of accidents. Evidence such as breathalyzer tests, blood tests, or cell phone records can help establish impairment and demonstrate the driver’s negligence.
In each case, thorough investigation, collection of evidence, and analysis of contributing factors are essential for determining liability. The insurance claims process following a motorcycle accident will involve several key steps:
- Filing a Claim with the At-Fault Driver’s Insurance Company: The victim or their legal representative submits a claim to the driver’s insurance company deemed responsible for the accident. This claim includes details of the accident, injuries sustained, and requested compensation.
- Dealing with Insurance Adjusters: Once the claim is filed, an insurance adjuster is assigned to investigate the accident and assess the damage. The victim may need to provide additional documentation, such as medical records and repair estimates. It’s essential to communicate with the adjuster promptly and accurately to ensure a fair evaluation of the claim.
- Negotiating Settlements: The insurance company may offer a settlement to compensate for damages, including medical expenses, lost wages, pain and suffering, and property damage. Negotiations between the victim, their legal representative, and the insurance adjuster occur to reach a mutually acceptable settlement amount. It’s crucial to carefully review any settlement offers and consult a legal professional to ensure the offer adequately covers all losses.
- Litigation if a Settlement Cannot Be Reached: If negotiations fail to reach a satisfactory settlement, the victim may pursue litigation by filing a lawsuit against the at-fault driver. The legal action will involve presenting the case in court, where a judge or jury will determine liability and appropriate compensation. Litigation can be complex and time-consuming, so victims should weigh the potential benefits and risks carefully before proceeding.
The Role of a Queens Motorcycle Accident Attorney in Your Case
After enduring a motorcycle accident, it’s important to seek professional legal guidance when pursuing a claim for compensation. An experienced Queens motorcycle accident lawyer can guide you through the complex legal process, help determine liability, and fight for the compensation you deserve.
Insurance companies are in business for profit and will likely make you a lowball offer that doesn’t come close to covering the extent of your damages. Your Queens personal injury lawyer can negotiate skillfully with insurance companies and deal with any other parties involved to help you achieve a favorable outcome.Contact an Experienced Motorcycle Accident Lawyer Today
If you have been injured in a motorcycle accident due to the negligence or wrongdoing of another motorist, we want to hear what happened. Wingate, Russotti, Shapiro, Moses & Halperin, LLP, is here to provide you with the skilled legal support and representation you need.
With over 50 years of experience, our Queens firm is committed to helping clients receive maximum compensation, and our track record can attest to our success. We will do everything in our power to help you get the justice you deserve and protect your rights every step of the way.
Call us at (212) 986-7353 to schedule a free initial consultation.