At this point in our weekly posts, you understand that failing to exercise
reasonable care leads to motorcycle accidents, and that left hand turns
made in front of an oncoming motorcycle accounts for over a third of all
motorcycle accidents. Of course, driving under the influence of alcohol/drugs is a frequent
contributor to accidents.
Experienced Newburgh motorcycle accident attorneys also know that failing to stop at stop signs is another major cause of
motorcycle accidents and biker fatalities.
There was a particularly
devastating motorcycle accident two years ago exhibiting the tragedy of these types of accidents. The accident involved
an SUV and a motorcycle occupied by the rider and a passenger. The SUV
driver failed to stop at a stop sign and proceeded to enter the road in
front of the oncoming motorcycle. Witnesses say that the motorcyclist
never had time to react to avert a collision. The rider was hastened away
to the hospital by ambulance, so too was the bike passenger, but not until
he was found bleeding in the back seat of the SUV; the impact was so severe
that he was thrown from the bike, through the rear window of the SUV,
finally coming to a stop on the backseat.
The SUV operator was arrested; his BAC was .17%. The motorcyclist was also
to have allegedly been speeding. Of course, the driver never stopped at
the stop sign.
Sadly, this type of accident is common on roadways. In fact, over 12% of
all accidents involve one driver running a traffic device or sign and
failing to surrender the right of way. This is in spite of
New York Vehicle and Traffic Law section 1172. This section states, “…every driver of a vehicle approaching
a stop sign shall stop at a clearly marked stop line, but if none, then
shall stop before entering the crosswalk on the near side of the intersection,
or … at the point nearest the intersecting roadway…”.
A violation of this statute could amount to automatic negligence, rebuttable
by the offending driver. However, if the evidence shows that the statute
was breached, and the failure to stop at the stop sign was the natural,
direct, and uninterrupted consequence of the motorcyclist’s injuries,
then the defendant-driver could be liable for the motorcyclist’s damages.
This means that the defendant may be ordered to pay for the biker’s
lost wages, medical expenses, lost earning capacity, rehabilitation costs,
and the like.
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. Learn more about how rear-end collisions can be catastrophic of a motorists by
reading our blog post here. Also learn why left hand turn accidents are one of the most common and
most dangerous ones in this blog post.
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.