Motorcycle Accidents

Newark NJ Motorcycle Accident Lawyers

New York & New Jersey Motorcycle Accidents Attorney

Are You a Victim of a Motorcycle Accident in New York or New Jersey?

Do you need the help of a New York & New Jersey motorcycle accident attorney? Robert A. Solomon, P.C. has over 28 years of experience successfully representing people who have been injured due to someone else's negligence. Our New York & New Jersey personal injury lawyers have successfully helped many victims of motorcycle injuries in New York & New Jersey over the years.

If you have been injured in a motorcycle accident and someone else was to blame, call us today for a free consultation and case evaluation. In fact, if we handle your case, you pay absolutely nothing unless we win. Motorcycle accidents happen every day in New York & New Jersey, and no one can predict when an accident will result in a serious injury or wrongful death that may require the help of a knowledgeable and experienced personal injury attorney. Robert A. Solomon, P.C. can help you no matter where you are in New York & New Jersey.

We routinely make home and hospital visits. We truly go the extra mile for our clients and we believe our experience, past results, and personal attention make us different from most other New York & New Jersey attorneys. Find out how we can help you by calling us today. New York & New Jersey highways can be a dangerous place for motorcyclists. Crashes with motorcycles are not rare events - particularly among some beginning riders.

Since 1966 when the enactment of the Highway Safety and National Traffic and Motor Vehicle and Safety Act took place, an estimated 128,000 motorcyclists have died in such incidents. Motorcycle riders are 32 times more likely than passenger car occupants to die and 6 times more likely to be injured in a crash than other types of vehicles.

When it comes to injuries for motorcyclists, statistics show that one out of every five motorcycle crashes result in head or neck injuries for riders. Additionally, single vehicle motorcycle accidents account for nearly 45 percent of all motorcycle fatalities. In 2004, for example, 4008 motorcyclists were killed, and an additional 76,000 were injured in traffic crashes in the United States, an 8% rise from the previous year. New York & New Jersey reported one of the highest incidents of motorcycle fatality rates in the country. In 2003, the reported fatality rate was nearly five times higher than it was for passenger car occupants. Motorcycle accidents can be caused by a variety of factors, including:

  • Auto car driver negligence
  • Drunk driving
  • Aggressive driving
  • Poor road conditions
  • Traffic congestion
  • Disregard of driving laws right of way
  • Motorcycle signaling error
  • Motorcycle defects

Motorcycles are also more likely than passenger vehicles to be involved in a fatal collision with a fixed object. In 2004, 18 percent of passenger cars that collided with fixed objects resulted in a fatality, while 26 percent of motorcycles that collided with such objects resulted in a fatality. Also in 2004, there were nearly 2000 two vehicle crashes involving a motorcycle and another vehicle that resulted in a fatality reported. In 39 percent of these crashes, a motorcycle was passing the other vehicle, going straight, or approaching it, while the other vehicle was turning left. Inattentive automobile drivers present a great danger to the motorcyclist, to say the least. The fact is that 80 percent of these accidents are clearly shown to be the fault of the automobile driver and not that of the motorcyclist. Motorcyclists face a far higher risk of involvement in an injury-causing crash, highlighting the need for a knowledgeable personal injury lawyer should the need arise. Motorcycle injuries are expensive because they tend to be more serious and have much longer rehabilitation period. An experienced attorney can make all the difference in the outcome of your case.

Causes of Motorcycle Accidents

There are many causes for New York & New Jersey motorcycle accidents, especially in a state whose roads are as congested as ours. Even careful drivers encounter problems - those caused by negligent drivers.

Negligence

The leading cause of motorcycle accidents is another motorist's negligence. Motorcycles are small, faster, and more maneuverable in traffic, which may not be such for automobiles. Cars following motorcycles too closely may not be able to stop in time, causing a rear collision. The law allows for motorcyclists to drive between the lanes, yet this is rarely observed by the motorists who share the road. Pure aggression against motorcyclists exercising their rights may cause an accident that severely injures you. Motorists will use the excuse, "I never saw them," which is unfair since they were being negligent by not looking. If you can prove that the driver

  • failed to use due care while operating their vehicle,
  • caused the accident because of their own negligence, and
  • you suffered damages from such negligence, you may file a claim. If you are miraculously uninjured but you have suffered property damage, you may still file a claim.

Dangerous roads

The changing seasons also bring changing weather that can make roads hazardous to ride on. Motorcycle riders must always use caution when traveling through road work or navigating the highways in dangerous weather. As New York & New Jersey taxpayers, we are entitled to properly-maintained roads that are safe to ride on. However, motorcyclists are often injured due to the state's failure to maintain safe roadways. Officials are required by law to post readable, appropriate signs indicating any hazards and roadwork. Inform your jurisdiction immediately if you encounter any hazardous road conditions in your travels.

Once informed, they are responsible to correct it immediately - their negligence to do so can undoubtedly cause an accident and possibly injure you or a loved one. It is recommended to carry a camera to document any unsafe terrain or roads if you have sustained damage as a result of such. You will need to prove "causation", which is essentially proof that the public utility's failure to provide you with safe public roads was the major cause of your motorcycle accident.

Be Prepared

  • Check the weather before heading out. The website WeatherChannel.com is a great resource, or you can call your local weather bureau. Morning fog or evening frost can be detrimental to your travels.
  • Be informed of current construction on recently-traveled roads. Your best bet is to call the New York & New Jersey Department of Transportation, or visit their website.
  • Use caution riding through areas with heavy construction, especially at night.
  • The website usroads.com has current road conditions, including updated-by-the-minute safety hazards.
  • Perform a pre-ride check on your motorcycle before heading out. A loose screw or oil leak could aid in a fatal accident.

Motorcycle Defects

A defective product could easily ruin the freedom and excitement you feel riding your motorcycle. Not all cycles are created equal, as some are poorly designed and potentially hazardous to your riding pleasure. It is your right as a consumer and motorcycle rider to have a safe, efficient product. If you've been injured in a motorcycle accident caused by a motorcycle defect, in order to establish a claim against a manufacturer, you must prove three things:

  1. the product was in defective condition,
  2. the defect existed in/on the product prior to purchasing it, and
  3. your injuries and damages were a direct result of such a defect.

It should be noted that individual parts on the motorcycle, when used incorrectly, could cause an injury. You must ensure that this is not the case or the claim will be ignored. The manufacturer is liable if they market a product with potential dangers without informing the public. If you are a victim of a defective product, you must contact an experienced motorcycle accident attorney immediately to start building your claim. Gather all broken motorcycle parts and be sure to take pictures to document the defect and accident.

Note weather, road conditions, speed traveled, time of day, and get statements from witnesses, if any. For a list of defects and recalled products, visit http://www.nhtsa.com/