If you have been rear-ended while operating your motor vehicle on the road,
then you know how the event is startling. Your body is suddenly and unexpectedly
thrown forward, and then thrown backward towards the seat. Often times,
the seat folds backward and you are left lying on your back. Items that
were once in the front seat, suddenly are in the back seat, and vise versa.
Now imagine that you were riding on a motorcycle instead of in a car;
motorcycle accidents are more frightening.
Experienced Newburgh motorcycle accident attorneys know that rear-end collisions are one of the most avoidable types of accidents.
This is because they are commonly caused by inattentive driving. The driver
simply isn’t paying attention, or they are texting, talking on the
phone, playing with the car radio, driving too fast, following too closely,
or failing to slow down in time because of any number of reasons.
Our experience also shows that when motorcycles are rear-ended, the results
are devastating. Even low speed
motorcycle collisions will cause the biker to be thrown from the motorcycle. Such events cause
lacerations, road rash, bruising, fractured limbs, skull fractures, and
even traumatic brain injury. Even slight taps to the back of a motorcycle
can cause the bike and rider to fall over. In such instances, the biker’s
leg may become pinned under the motorcycle. Such can cause knee fractures,
torn ligaments, and cartilage damage, just to name a few types of injuries.
New York laws in fact regulate the distance from which a driver must remain
behind another driver. One such law,
New York Vehicle and Traffic Law section 1129, states, “the driver of a motor vehicle shall not follow another
vehicle more closely than is reasonable and prudent, having due regard
for the speed of such vehicles and the traffic upon and the condition
of the highway.”
In fact, it is almost automatic negligence when one rear-ends another vehicle,
including a motorcycle. This leaves the offending driver in a position
of having to explain himself out of trouble; that is, he will have to
have a credible reason for not leaving a safe distance between himself
and the motorcycle in order to overcome the presumption of negligence.
Complicating the matter is the fact that many motorcycle riders simply
rest off of the accelerator, or down-shift to slow down, instead of breaking.
Therefore, the inattentive driver behind the motorcycle might not become
aware that the biker has slowed down before it is too late to avert collision.
Are you interested in learning more about the common causes of motorcycle
accidents and how they relate to all motorists? Find out more in
our latest article post available by clicking 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.