Motorcycle accidents happen every day on U.S. roads and, although they may not occur more often than passenger vehicle collisions, there is a higher chance of serious injury or death. Motorcyclists have a higher likelihood of being involved in an accident. According to MedHelp.org, motorcycle accidents rank number 12 in the 25 most common causes of deaths. There are significant hurdles a plaintiff must overcome in order to be successful in a personal injury lawsuit involving a motorcycle crash. For this reason, it is important that after medical attention is received, a seasoned and aggressive Brooklyn personal injury attorney should be contacted right away.
How Motorcycle Accidents Happen
Some common causes of motorcycles accidents include:
- Road hazards: dangerous road conditions are a much more serious threat to a motorcycle than a passenger vehicle, particularly because of the smaller size and less stability of a bike. Obstacles such as potholes, debris on the road, slick surfaces, uneven lanes, and other unexpected hindrances pose a serious threat to motorcyclists.
- Cars making left-hand turns: possibly the most dangerous threat to the safety of motorcyclists, collisions resulting from a vehicle making this type of turn account for as much as 42 percent of all bike-related accidents. Generally, the passenger car collides when the motorcycle is passing the car, going straight through an intersection, or attempting to overtake a car.
- Head-on collision: crashes that are caused by a head-on collision makeup more than half of all deaths involving motorcycles. Seventy-eight percent of these accidents are the result of the vehicle hitting the front of the motorcycle, as opposed to hitting a bike from behind, which results 5 percent of the time.
- Lane-splitting: when a motorcyclists splits between lanes of stopped cars (or slowly moving traffic), an accident is likely to occur because there is less space for the bike to maneuver. State laws vary as to whether or not lane splitting is legal.
- Speeding and/or alcohol: approximately half of all motorcycle-related collisions are caused by one or both of these factors. Because motorcycles do not provide the same protection as a passenger vehicle, death or serious injury is much more likely.
The Role of a Brooklyn Personal Injury Lawyer
Liability, or who is responsible for an accident, is not always obvious in a motorcycle incident. Generally, liability in personal injury cases is governed by negligence. The person bringing the lawsuit in court (the plaintiff) must prove that the other person (the defendant) was at fault (negligent) in order to recover damages (monetary compensation). Even if the plaintiff is able to prove negligence, in many states a defendant can dodge full liability by establishing someone else contributed to the crash.
Brooklyn Motorcycle Accident Attorney
Motorcycle accidents happen every day on our American roads, and there are several causes for these crashes. Beyond the damage resulting from a motorcycle accident, whether to the individuals’ persons or their property, establishing fault may not be so simple. The legal abilities of a knowledgeable personal injury attorney can help you and your loved ones endure this difficult time. The Law Offices of Jeffrey K. Kestenbaum represent greater New York and has a staff that is fully fluent in Spanish. Do not delay; click here or call (718) 237-5586 today to schedule your initial case evaluation.
Across our great nation, approximately 94 percent of employees – about 140 million workers – are covered by workers’ compensation insurance. In fact, according to the U.S. Department of Labor (DOL) as of November 2015, New York workers’ compensation has paid more than $412 million in compensation to claimants. Medical expenses were more than $17 million in addition to this prior number. Approximately 12,000 workers’ compensation claims are filed each year by claimants living in New York while worksites located in New York accounted for tens of thousands of additional claims.
Twenty-six-year-old Pedro Bacillo who was working on the interior of a midtown Manhattan building tragically died when the five-story townhome crumbled with him and other workers still inside, according to a recent ABC News report. It took three hours for emergency crews to dig out one other worker while 17 were able to escape uninjured. Investigators are looking into what caused the collapse, which occurred on a construction site that had been taking adjacent buildings down – floor by floor – for several months prior to the disastrous accident. Continue reading
Two patient deaths at a UCLA hospital have been linked to two medical scopes that still carried deadly bacteria, despite being properly disinfected, according to a recent CNN News report. Seven hospital patients have been infected with the superbug, known as carbapenem-resistant Enterobacteriaceae (“CRE”), at the hospital including the most recent deaths. According to the Center for Disease Control and Prevention, CRE can kill up to half of the patients who contract this deadly bacterium.
If you or someone you know has been injured due to the negligence of another, contact an aggressive Brooklyn personal injury lawyer right away. Continue reading
In April, a Bronx teen tragically died after he fell six stories from a Bronx building apartment. Hakeem Kuta and group of other teenagers had been smoking marijuana in the lobby of a Bronx building. Four New York police officers tried to approach the group, but one member allegedly put his arms out as they tried to come through the door. Immediately after, several kids ran up the stairs of the building to the roof. Continue reading
On March 13, 2014 a gas leak triggered a massive explosion in East Harlem, causing two five-story apartment buildings to collapse. The relatives of one of the victims recently filed a $10 million wrongful death lawsuit against the City. Such an accident serves as a reminder that anything can and may happen at any time. If a loved one is ever involved in an incident that leads to death, an experienced Brooklyn wrongful death attorney can answer any questions or concerns you may have regarding your case.
What is Considered Wrongful Death in New York?
Wrongful death, such as death from an accident or incident like the one described above, is defined as a death that is caused by the wrongful act or negligence of another. Such acts serve as the basis for a civil action for damages on behalf of the decedent’s heirs. The New York State Constitution’s Estate and Powers Trust law provides the basis for New York’s wrongful death statute. It allows a decedent’s heir or representative to sue for whatever amount of money damages on behalf of a person or persons who could recover under the estate.
Earlier this month a construction worker fell to his death at the Dream Hotel. According to FDNY, the death occurred in the early afternoon at 55th & Broadway and it is currently being treated as an accident. An experienced New York personal injury attorney can answer any questions or concerns you may have regarding your case.
Less than two weeks later, and only twenty-two blocks south of the Dream Hotel tragedy, another incident occurred in which a worker fell thirteen stories to his death. The unfortunate man landed atop a sidewalk shed below where workers were completing façade restoration work. A source of growing concern, the construction site has been discovered to contain over three-dozen violations. According to the Department of Buildings, violations include:
New Yorkers want to get wherever they are going at maximum speed regardless of the risk involved. This is the city where the word “wait” has become an objectionable four letter word. We have more to accomplish in a shorter period of time than any other civilization since the Pharaohs built their pyramids. Make sure to talk to a qualified personal injury attorney in Brooklyn if you have any questions or concerns regarding the accident and next legal steps to take.
However, in our haste to save a minute here or a minute there, we put our lives at risk. A doctor was the third person killed in the beginning of the year on the Upper West Side on 96th Street in Manhattan. The tragedy occurred on Sunday, January 19, 2014. Columbia University Medical Center anesthesiology resident Samantha Lee, 26, was hit by an ambulance‘s mirror in front of her apartment building on 96th Street between Broadway and West End Avenue. Police reported that Lee was crossing the street around the middle of the block at 4:45 AM and was hit by the driver’s side mirror of an ambulance from the St. Luke’s Hospital that was westbound. The physician fell and landed face down on the eastbound lanes. She was subsequently run over by a red 4 Dodge Charger, according to officials. The young woman was declared dead at the scene and neither driver was charged.
There are immense dangers in working at a construction site. While there has been progress to protect the health and lives of construction workers over the past decade, construction workers are still faced with real injury risk on the job.
There are safety precautions taken into account, such as planning and new equipment, hard hats and steel toe boots, but it is simply not enough. During any given year, there are a multitude of construction related injuries, and in some cases, there are fatalities associated with this line of work as well. If you or a family member has been involved in a construction related work accident, you should contact an experienced construction accident lawyer.