Sitting down to read the morning paper before heading to work, an elderly
woman learns that her neighbor was involved in a motorcycle accident the
day before. According to the news report, the biker was riding down Washington
Avenue when his front tire experienced a blowout. The motorcyclist lost
control of the bike and careened into several pedestrians. Fortunately,
all parties survived.
While this story is fictional,
experienced Newburgh motorcycle accident attorneys know that this type of scenario is not farfetched. Bald, frayed, or otherwise
faulty and substandard tires are too dangerous to drive on. This is why
tires are part of the annual motorcycle inspection process. One might
ask, can the motorcyclist mentioned above be held liable for injuries
caused to the pedestrians?
The New York standard is crystal clear. Motorcyclists are obligated to
keep their motorcycles in a reasonably safe condition so that the bike
does not pose a danger to other people on or around the road. It only
takes basic inspections, repairs, and routine maintenance to satisfy the
obligation. Quite plainly, if another biker of ordinary prudence and reason
would inspect, repair, and maintain, then every other biker should as well.
Failing at this obligation, and with such leading to a
motorcycle accident that harms others, the biker can be liable to any person injured by a
defect that should have and could have been remediated.
But what if the rider was using a borrowed motorcycle? The rider, even
though not the owner, could be liable if he or she knew or should have
known that the bike was a danger to others. Note that this would need
to be proved in court.
Of course this will be hotly contested by defense counsel. Another issue
that will be battled in court is the issue of causation. Liability does
not arise simply because a motorcycle had a defect or was poorly maintained
when the accident occurred. The poor maintenance and or defect must have
been what caused the accident, or at least it must be a substantial factor
in causing the accident.
Motorcycle riders should take heed of this information. Riding an unsafe
motorcycle is a danger to the rider and all other people who share the
roadways. In addition to tire maintenance, bikers should inspect drive
trains, wheel bearings, lights, brake pads and many other parts of the
Learn more about New York motorcycle accidents and the risks involved in
our latest article posted here. Read about motorcycle accidents in the rain in
our blog posted here. Learn more about DWI motorcycle accidents causing personal injuries in
our recent blog posted here. Read about what happens when motorcycle tricks cause personal injury in
our blog posted here.
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.