Motorcycles have the same legal rights to the road as any other vehicle across New York, New Jersey, and Pennsylvania. Laws in these states require that all motorists yield appropriately, maintain safe following distances, and share lanes responsibly to protect motorcyclists and prevent accidents.
However, despite these protections, motorcyclists often face unique challenges after an accident. Influenced by biases and misconceptions about motorcyclists, insurance companies may undervalue or even deny rightful claims, leaving injured riders with less compensation than they deserve.
If a motorcycle accident hurts you, an experienced motorcycle accident lawyer at The Rothenberg Law Firm LLP can provide you with the legal support needed to protect your rights, navigate the claims process, and ensure you pursue fair and comprehensive compensation.
Our firm proudly serves clients across New York, New Jersey, and Pennsylvania, with offices in New York City, Brooklyn, Philadelphia, Cherry Hill, Lakewood, Monsey, and Hackensack. Let us help you fight for the compensation you need to rebuild and recover.
Common Biases Against Motorcyclists in Accident Claims
Insurance companies often apply prejudiced views about motorcyclists, painting them as inherently risky drivers. These misconceptions are not just unfounded, they can severely impact the fairness of a claim.
Many insurers may assume that a motorcyclist acted recklessly or was at fault simply because they were riding a motorcycle. These biases can lead to low settlement offers that fail to cover the full scope of your injuries, lost wages, and other damages.
Our attorneys have over 50 years of experience advocating for accident victims and understand how to counteract these biases effectively to strengthen your claim.
Why You Need a Lawyer for Your Motorcycle Accident Claim
Dealing with insurance companies is challenging, especially when they leverage biases to minimize compensation. Insurance adjusters often offer low settlements, hoping injured parties will accept without realizing the true value of their claim.
This is where The Rothenberg Law Firm LLP can make a significant difference. Our attorneys are familiar with insurers’ tactics and are prepared to counter these approaches with evidence and advocacy. We ensure your claim reflects the full impact of your injuries, medical needs, lost income, and future damages, should your injuries require ongoing care.
We’re ready to take your case to court if the insurance company won’t offer fair compensation, giving you a stronger position from the outset.
New York Motorcycle Laws Protecting Motorcyclists
New York has enacted specific traffic laws to protect the rights and safety of motorcyclists, recognizing that these individuals face unique vulnerabilities on the road. For instance, one of the most fundamental protections is the requirement that all other vehicles allow motorcycles full and equal use of a lane.
Motorcyclists have the right to an entire lane width, just like cars and trucks, and other drivers are prohibited from crowding, sharing, or encroaching on this space. This rule helps prevent “lane squeezing,” which often results in severe motorcycle accidents.
Right of Way
Additionally, New York law mandates that drivers yield the right of way when required, particularly in situations involving merging or turning. Drivers must remain alert to motorcycles in nearby lanes, as motorcycles can be harder to see in side-view mirrors or blind spots.
Motorists must also avoid obstructing or blocking a motorcycle’s path, a rule that applies especially in high-traffic areas and intersections.
Tailgating
Lastly, New York drivers must refrain from following motorcycles too closely. Motorcycles generally need more space to stop safely, especially in sudden braking situations, due to their lighter weight and shorter stopping distance. Tailgating a motorcyclist can increase the risk of a rear-end collision, often causing devastating injuries to the rider.
Violations of these rules can hold drivers accountable in the event of an accident, and our attorneys use these laws to demonstrate when driver negligence contributed to an accident. When drivers fail to respect these protections, they may be legally liable for the resulting harm.
Common Motorcycle Accident Scenarios and Risky Locations
Motorcyclists face particular dangers due to the design of their vehicles, which lack the structural protection of a car, and because they can often go unnoticed by other drivers. Motorcycle accidents frequently happen in high-traffic locations where visibility and reaction times are compromised.
Intersections
One of the most common accident locations for motorcyclists is intersections. Many collisions occur here when drivers fail to yield, misjudge the speed of an oncoming motorcycle, or simply fail to notice it.
Left-turn accidents are especially common at intersections, where motorists turning left may not accurately assess the distance or speed of an approaching motorcycle, leading to collisions that are often devastating for the motorcyclist.
Because of their smaller size, motorcycles are more easily hidden in a car’s blind spot, increasing the risk of these left-turn collisions.
Lane Splitting
In areas where lane-splitting is common (though illegal in New York), motorcyclists face unique hazards. Lane-splitting occurs when a motorcyclist rides between lanes of slow-moving or stopped traffic, which requires careful balance and significant skill.
However, New York does not permit lane-splitting, and despite this restriction, motorcyclists in the state are still at risk from drivers who may drift into their lane or make sudden, unpredictable moves in stop-and-go traffic. Even in traffic jams, motorists should remain vigilant and give motorcycles plenty of room to maneuver safely.
High Traffic Areas
Highways and urban areas with dense traffic are also particularly risky for motorcyclists. Heavy congestion and rapid lane changes increase the chances that a motorcycle will go unseen or be forced to take evasive action to avoid a collision.
In these settings, drivers must stay aware of nearby motorcycles and respect their right to safely share the road.
Catastrophic Injuries Common in Motorcycle Accidents
Motorcycle accidents often lead to catastrophic injuries, given the rider’s lack of protection compared to occupants of other vehicles. Unlike car drivers with the security of seat belts, airbags, and structural barriers, motorcyclists are exposed to direct impact, making even minor accidents potentially severe or life-changing.
The nature and extent of injuries sustained in a motorcycle accident can drastically alter a victim’s life, affecting their physical health, financial stability, and emotional well-being. Common catastrophic injuries include:
Head Injuries and Traumatic Brain Injuries (TBIs)
Even when wearing a helmet, motorcyclists remain at risk of serious head injuries due to the force of impact in an accident. A traumatic brain injury can lead to cognitive and motor function impairments, memory loss, and mood changes.
The symptoms may appear immediately or gradually, complicating diagnosis and treatment. Recovery from a TBI is often prolonged and may require ongoing care, therapy, and adjustments to the injured person’s daily life.
Spinal Cord Injuries and Paralysis
Spinal cord injuries are among the most devastating results of motorcycle crashes. The immense long-term costs of spinal cord injuries affect the injured person’s quality of life and financial independence.
Damage to the spinal cord can result in paralysis.
Quadriplegia (paralysis of all limbs) or paraplegia (paralysis of the lower body) are possible outcomes, and such injuries typically require extensive medical care and physical therapy and may necessitate the use of mobility aids or home modifications.
Fractures and Broken Bones
The high impact of motorcycle crashes often results in broken legs, arms, ribs, and other bones. The force of being ejected from the bike or colliding with another vehicle can shatter bones, requiring surgery, pins, and lengthy rehabilitation. Multiple fractures may result in lasting mobility issues, chronic pain, and, in severe cases, amputation.
Road Rash and Burns
When motorcyclists are thrown from their bikes, they often slide along the pavement, which can cause severe road rash or friction burns. These injuries can be painful and deep and often require skin grafts or reconstructive surgery.
In cases where burns or road rash are extensive, victims may suffer permanent scarring, nerve damage, and emotional trauma from the disfigurement.
The severity of these injuries leads to significant medical costs, loss of income, and extensive rehabilitation or long-term care.
An experienced motorcycle accident attorney can help victims seek compensation that reflects their current medical needs and the lasting impact of their injuries on their lives.
Wrongful Death in Motorcycle Accidents
Tragically, the severity of motorcycle accidents means that some riders do not survive. Families who lose a loved one in a motorcycle accident face profound emotional and financial hardships.
In such cases, the family may be eligible to pursue a wrongful death claim. This legal action allows families to seek financial relief for the losses associated with their loved one’s passing.
Recovering Damages After a Motorcycle Accident
A motorcycle accident can bring about life-altering physical, financial, and emotional challenges. You can file a claim to seek the compensation you deserve for the hardships you endured.
Types of recoverable damages often include:
- Medical Expenses: Immediate costs for emergency care, surgeries, hospitalization, ongoing medical treatments, and rehabilitation or physical therapy can be substantial and may continue long-term.
- Lost Wages: Compensation for the income you missed due to injury-related time off work and potential future lost wages if your injuries affect your ability to work.
- Pain and Suffering: Non-economic damages to account for the physical pain, emotional distress, and diminished quality of life caused by the accident.
- Future Damages: If injuries require ongoing care, surgery, or therapy, future damages help cover anticipated expenses, factoring in the life-long impact an injury may have on your health and daily life.
An experienced personal injury lawyer from The Rothenberg Law Firm LLP understands the full extent of these damages and fights to ensure they are included in your claim.
We recognize that accident victims may not always foresee the full scope of future medical and personal needs, so our attorneys work closely with medical experts and life-care planners to project the ongoing costs and advocate for comprehensive compensation.
Compensation for Wrongful Death
Wrongful death claims seek to provide financial support for the survivors, covering a range of costs and losses associated with their loved one’s passing, including:
- Medical Bills and Funeral Expenses: Families often face immediate expenses related to emergency medical care, funeral, and burial arrangements. A wrongful death claim can help alleviate the financial burden of these necessary costs.
- Loss of Financial Support: For families who rely on the deceased for income, the loss of financial stability can be devastating. Compensation may include the future income and benefits the deceased would have contributed over their lifetime.
- Loss of Companionship and Emotional Support: The absence of a loved one can have profound emotional consequences. Wrongful death claims acknowledge the impact of losing the love, guidance, and companionship the deceased provided to their family members.
- Pain and Suffering of the Deceased: In some cases, compensation may pay for the pain and suffering the deceased endured before their passing. This recognizes the emotional and physical toll they may have experienced in their final moments.
A wrongful death claim offers families an opportunity to seek justice and financial support as they cope with an unimaginable loss. We approach these cases with sensitivity and determination at The Rothenberg Law Firm LLP.
Our attorneys advocate for families to secure the resources they need to rebuild and find a sense of closure. While no amount of compensation can fully heal the loss, a wrongful death claim can provide stability and a path forward for grieving loved ones.
Why Choose The Rothenberg Law Firm LLP for Motorcycle Accident Claims
Navigating a motorcycle accident claim requires skill, resources, and a deep understanding of how to counteract insurance company biases. The Rothenberg Law Firm LLP has handled countless motor vehicle accident claims, obtaining billions in compensation over our 50-plus years of business.
With a strong track record and commitment to protecting the rights of accident victims, our attorneys are dedicated to achieving fair outcomes. Our firm serves clients in New York City, Brooklyn, Philadelphia, Cherry Hill, Lakewood, Monsey, and Hackensack, so you can rely on local experience paired with nationwide strength.
When you consult with one of our attorneys, we take the burden of negotiations off your shoulders, allowing you to focus on recovery.
Contact The Rothenberg Law Firm for Legal Help After a Motorcycle Accident
If you’ve been injured in a motorcycle accident, you deserve a lawyer who will stand up for your rights and ensure you don’t settle for less than your claim is worth. Motorcycle accidents can have devastating consequences, but The Rothenberg Law Firm LLP is here to support you, build a compelling case, and work tirelessly to secure fair compensation for your losses.
Contact us today to get started on your case and ensure that your rights are protected from the beginning. Call us at 800-624-8888 or contact us online to get started.
