Kingston motorcycle accident attorneys know that upwards of two thirds of accidents between motorcycles and car/truck
drivers happen when the motorcycle had the right of way. It is also well
known that bikers are five times more likely to be injured in collisions
as compared to vehicle drivers/passengers. Bikers are also more likely
to be killed in a roadway accident; in fact, twenty six times more likely.
When motorcyclists are injured by the negligence of vehicle driver, there
exists the possibility for the injured biker to sue the negligent driver
so that the costs associated with the injuries can be compensated for.
Contacting an experienced motorcycle accident attorney is often the best
way for the victim to find out if the offending driver is legally responsible
for the accident. In New York, even if the motorcyclist is partially at
fault, the injured rider may still be able to recover damages from the
A motorcyclist, just like every other roadway user, owes a duty to other
people on the road; the same duty is also owed in return. If a driver
fails to act reasonably and prudently, as would any other driver, and
then injures someone, the offending driver has breached his duty and can
be forced to pay damages.
The laws of New York are keen to the rights of motorcyclists and motorists
alike, but the risks for bikers are much greater. As mentioned above,
an overwhelming majority of
motorcycle accidents are caused by vehicle drivers’ failure to yield to the biker’s
right of way. Bikers are far more likely to be killed and injured in roadway
collisions as compared to car/truck drivers. Moreover, the fatality rate
for bikers has doubled in recent decades, at the same time the fatality
rate for vehicle drivers has decreased.
Bikers face a number of other risks unique to motorcycle use.
Specifically, riding motorcycles takes more care, skill, and attention
as compared to driving a car. Road hazards are much more dangerous for
bikers. Bikers are also harder to see as compared to four wheeled vehicles.
Additionally, motorcycles are harder to operate at higher speeds as compared
to cars and trucks.
People who wish to be a licensed motorcyclist must pass specific tests
and complete specific courses prior to being licensed. Maintaining one’s
basic safety on a motorcycle takes greater care, so bikers should take
these courses seriously. Advanced courses are offered too, so even experienced
bikers should consider enrolling in them so that their risk of injury
may be reduced.
Consider the fact that motorcycles are harder to control at higher speeds.
An advanced course could help a rider understand this and teach the rider
how to operate the vehicle safely at higher speeds. Riders should note;
however, that motorcycle wobbling at higher speeds could be due to a defect
in the bike and not just speed alone. An experienced Kingston attorney
can help an injured biker determine such and look into the possibility
of suing the bike manufacturer.
As mentioned above, motorcycles are harder to see on the road. This is
because motorcycles are smaller than cars and trucks. Just because bikes
are harder to see does not mean that they cannot be seen. Motorists must
see everything that can be seen. Therefore, car drivers must take the
time to look for bikers and follow the rules of the road.
Lastly, another risk that bikers face is roadway hazards; slick surfaces,
potholes, loose gravel, etc. Cars can easily surmount these obstacles,
but motorcycles can easily crash when confronting these hazards.
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. 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 by using our convenient
case evaluation form.