Driver’s airbag, passenger’s airbag, an interior cabin surrounded
by a steal frame, seat belts, doors, side curtain airbags, front and rear
fenders; these are safety devices found in cars, but are absent from motorcycles.
Kingston motorcycle accident attorneys are aware of how vulnerable motorcyclists are on the open road. We are
also aware that numerous vehicle and traffic laws serve to protect riders.
Each different law may apply differently depending on the type of accident.
Moreover, that which might be a minor collision between two cars can easily
be a major accident if one of the parties in the accident was driving
Rear End Collisions:
Texting while driving, lack of attention, driving too fast, and even following
too closely are common causes of rear end collisions. New York courts
presume that the driver of the car who rear ended the other car is at
fault. In addition to this presumption, New York Vehicle and Traffic Law
section 1129 prohibits following another vehicle too closely and requires
speed to be considered in calculating distance between vehicles.
Even a low impact rear end collision, say at the speed of 15mph, may cause
significant damage and injuries when cars are involved. But when a motorcycle
is rear ended, the rider very well might be thrown from the motorcycle.
Such accidents can lead to skull fractures,
broken bones, and lacerations, among others.
The scenario to which we refer here is when a car or truck is
turning left onto another road by having to cross the lanes of oncoming traffic. This is a perfectly
common occurrence when driving. However, it can be quite dangerous because
while turning, the driver can collide with oncoming traffic or can cause
oncoming traffic to collide with him/her. In fact, left-hand turns are
attributed to 36% of all motorcycle crashes.
Motorcycles are narrow in stature, making them harder to see. Additionally,
their small stature makes it harder for other motorists to gauge the bike’s
speed. The inattentive driver or the inexperienced driver will not account
for these contingencies, they then attempt a left-hand turn, and the oncoming
motorcyclist crashes into the turning vehicle.
Failing to Stop at Stop Signs:
Another common thing done by drivers is
failing to stop at stop signs. They might either completely ignore the sign, driving right through without
slowing down; or they might slow down, but never completely stop. The
results for motorcyclists can become catastrophic.
The scenario that we inform of is when a car or truck drives through a
stop sign and directly into the path of a motorcycle. Once the motorcycle
collides with the vehicle, the rider and passenger will instantaneously
be ejected from the bike. Even if the motorcyclist is able to avoid a
collision, he/she will most likely end up skidding and sliding out of
control during the attempt to avert a collision. There is no way the motorcyclist
will come out of either instance without being injured.
30% off all roadway fatalities are attributed excessive speed; driving in excess of the posted speed
limit. Of course, one can use excessive speed even if within the speed
limit, but given the weather conditions, the driver should have been driving
slower. And obviously, vehicle and traffic laws make it punishable for
one to exceed posted speed limits. Additionally, statutes govern special
circumstances, such as speeding in construction zones or within school zones.