Every season brings with it unique dangers on Hudson Valley, New York roadways.
Autumn is not exempt. With this in mind, motorcycle riders must use extra
caution when riding. Other motorists must too exercise special precautions.
Experienced Newburgh motorcycle accident attorneys know that wet leaves are slick to drive on. They also obscure roadway
hazards. Motorcycle riders must therefore be cautious when riding during
the fall season, but so to must vehicle drivers. Reasonable care requires such.
New York law requires motorists to use reasonable care when driving. They
must see what there is to be seen; pedestrians, other cars, motorcyclists,
signs, lights, and roadway conditions. Depending on the circumstances,
drivers may be required to drive slower.
Reasonable care requires that motorists adjust their driving to weather
conditions. This is obvious when it is snowing or raining, if it is dark
or foggy, and if the roadways are icy. Less obvious is the need to be
extra cautious when leaves cover the roadways.
Therefore, if a motorists sees, or should have seen, that the roadway was
covered with leaves and he or she does not adjust the vehicles operation,
this could be an act of negligence. If an accident results and a motorcyclist
is injured, the
offending driver can be held liable for this negligence.
A jury will weigh the facts and ultimately have to decide if another similarly
situated driver would have operated the vehicle differently. If it is
determined that another driver would have slowed down, for example, when
driving over the leaves, then the defendant driver will be deemed to have
breached the duty of reasonable care.
Ultimately, liability will rest upon whether or not the breach was the
proximate cause of the accident. Of course the motorcyclist must have
been injured and caused to suffer damages too.
But such is almost a given in
motorcycle accidents. Riders struck by a negligently operated vehicle can easily suffer multiple
fractures. This includes spinal and neck fractures that which may cause
paralysis. Head trauma can amount to serious traumatic brain injury. Medical
bills will mount while at the same time a victim cannot work and earn wages.
Negligent motorists can be ordered to compensate an injured biker for those
lost wages. Medical bills are compensable as well. So too is pain and
suffering as well as any other loss attributable to the driver’s
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.