Most Common Injuries After a Motorcycle Accident in New York City
Following a motorcycle accident, there are a lot of common injuries. You don’t have the same level of protection as the people who are in a car. If you have been involved in a motorcycle accident, you need to know about the injuries as well as what can be done. The medical bills that you have to endure may not be your financial responsibility.
Degloving Injuries
One of the most common injuries is known as degloving. It is an abortion of skin of the hands or fingers. It often results in grafting because a significant amount of skin has “degloved” from the hand. The musculo-skeletal aspect of the fingers is intact, however. In some instances, the hand injury might also result in reconstruction to ensure that hand and finger movements and functions are preserved.
Road Rash
Road rash is another common injuries. It is caused when the skin meets the road surface, which can lead to large, open wounds. There might also be a significant amount of scar tissue left behind, depending upon how it is treated. Road rash happens on many occasions when the bike lays down. Often, it happens so fast that the driver cannot react in time. Laying the bike down, however, is considered one of the safest things to do. Otherwise, it could result in losing complete control of the bike – and there is no telling what kind of injuries could be sustained after that.
Many drivers can avoid road rash by dressing appropriately, such as by wearing boots, long pants, and jackets.
Head Trauma
a head trauma is also common with motorcycle accidents. This is mostly associated with the people who do not wear helmets. In some instances, a head trauma can occur even if a person has worn a helmet depending upon how they are thrown from the motorcycle during the accident.
Lower-Extremity Injuries
Many lower extremity injuries occur as a result of motorcycle accidents. Approximately 9% of injuries after a motorcycle accident involved a single isolated lower extremity area another 9% includes multiple lower extremities, while 27% involve lower extremity injuries along with various other injuries.
Such injuries can include foot, ankle, leg, knee, thigh, hip, and pelvic injuries. These might involve surgery and could potentially put a person at work for weeks or even months, if not permanently.
Some of these injuries can be avoided based upon how you dress for your motorcycle ride. There is road protection gear that you should wear at all times. Your motorcycle helmet is going to protect your head. Gloves can protect your hands while boots and long pants can help protect your lower extremities.
If you are involved in an accident and it is someone else’s fault, you need to make sure that you follow all of the proper procedures. This involves contacting the police so that a report is filed. You will also want to call your insurance company to let them know what has happened. After that, you should contact a personal injury lawyer to find out what your rights are. If you are a victim, you need to make sure that your injuries are being looked at appropriately. All of the medical bills that ensue following the accident should not be your financial responsibility.
Your motorcycle insurance policy might only provide coverage for a certain amount. After that, you might be responsible for the lost wages, additional medical bills, and other things. With the help of a lawyer, you can learn how to go after the person who is responsible for the accident.
Motorcycle Accident Statistics and Safety Tips
In recent years, there were approximately 5,000 motorcycle accidents in the State of New York which occur annually. Nationwide in 2015 there were nearly 90,000 motorcycle crashes. According to data from the New York State Department of Motor Vehicles, motorcycle crash statistics are classified among different types of injuries:
Motorcycle Accident: Types of Damages
In New York, there were about 140 fatal accident, 1,000 serious accidents, and 130 moderate injury accidents, with 1,500 minor injury accidents. In 2015, 4,976 people died in motorcycle crashes nationwide according to the National Highway Traffic Safety Administration (NHTSA) . For more information on motorcycle accident statistics, see the info from the Insurance Institute for Highway Safety.
Motorcycle crashes in 2015 increased about 8 percent from the previous year nationwide. Motorcycle riders are nearly 30% more likely to die in a crash compared to occupants of a motor vehicle. The fatality rate per motorcycle in 2015 is six times greater than the rate for passenger vehicles according to the NHTSA.
In 2015, forty percent of all motorcycle riders killed in crashes failed to wear a helmet.
Safety Tips
The following safety tips can help motorcycle riders avoid accidents and serious injuries:
- Make sure your motorcycle is VISIBLE to other drivers
- Keep your motorcycle headlights on during the daytime as required by law
- As a motorcycle rider remember to wear reflective gear
- Get safety training and make sure you practice defensive driving skills
- Always wear your helmet. This will reduce the risk of severe injury especially traumatic brain injury.
- Use all your safety gear: eye protection, motorcycle jacket, gloves, leg guards, and proper footwear.
- Never drink and ride. Always ride sober and be alert
- Obey the posted speed limit and obey all traffic signs, laws, and rules.
Immediate Steps to Take Following a Motorcycle Accident in New York City
Being involved in a motorcycle accident is never ideal. Even the smallest of collisions can cause significant damage to your bike and its riders. If you ever find yourself in a situation where you are in a motorcycle accident, there are several things you will need to do.
Take a look at these tips to learn more about the steps you should take immediately following a motorcycle accident.
At the Scene
Immediately following your accident, it’s likely that a lot of confusion will be going on. You will first need to assess your damages and make sure you are in a safe location to handle the aftermath of the accident. Avoid staying in traffic and, if possible, move your bike to the side of the road.
However, there are times when you will simply need to get away from the scene. For example, if a structure is on fire, or if you are near a dangerous drop-off, you will need to move to safety quickly. Calling 911 as soon as possible should be your first priority.
Above all, you will need to stay at the scene and stay as calm as possible. Wait for law enforcement and rescue assistance. In the meantime, take as many photos of the scene and the damage to your property as you safely can.
If possible, you may also want to draw a diagram of the accident and where the vehicles involved were located. This can be valuable evidence for your insurance company to use during their investigation. You should also make sure you exchange contact information with the other party and jot down the police report number, if available.
Visit the Doctor
With just about any accident, it is a good idea to go ahead and head to the ER to get checked out. Many of the injuries you receive from an accident will be masked until the next day or later. This is particularly the case with motorcycle accidents where you have little protection from injuries.
A trip to the ER will help determine what injuries might have happened as a result of the crash. This is also an excellent way to document your injuries officially and gather evidence of them. If you skip this step, many insurance companies will be hesitant to reimburse you for any doctor’s visits at a later time.
Get the Ball Rolling
After everything is cleaned up from the accident, you will want to get the ball rolling as quickly as possible. It’s best to notify your insurance company as soon as possible. Even if the accident isn’t your fault, you will need to talk to your insurance company. There are times when the other party doesn’t have insurance, or when additional expenses might need to be handled under your policy.
You will also need to start the claim process under the insurance company who will be paying for the repairs. So, this is another call you will need to make. Keep in mind, that most repairs and reimbursements won’t be able to get started until a police report is filed, but getting a claim started will save you time in the long run.
Don’t Rush the Process
Above all else, one of the most important things you should do after a motorcycle accident is not to rush the process of getting your bike repaired. All the damaged should be properly documented before any damage is repaired. You will also need to keep track of all your expenses related to your bike accident. This includes repairs, doctor’s visits and any rental charges you may incur due to needing a separate vehicle to drive.
These tips will help you get the process of getting back on your feet started. However, to get the ball rolling in the right direction even faster, contact an attorney. Call us today to begin the process of getting the restitution you deserve.
Unique Aspects of Motorcycle Accidents in New York City
Motorcycle accidents in New York pose very unique challenges to the plaintiff’s trial lawyer prosecuting these bike crash matters.
Bias
Many people including potential jurors have a misguided bias about motorcycle operators being more dangerous and risky when compared to automobile drivers. Whether in real life or in movies, many individuals have seen motorcycles racing, changing lanes, sharing a lane with a car, and performing stunts. It is paramount that the motorcycle accident lawyer handling the trial explain the Vehicle and Traffic Law in the State of New York allows a duly licensed operator to drive a motorcycle just like any other vehicle. The Pattern Jury Instructions on automobile accident cases explain that an operator of a motor vehicle including a motorcycle must operate the motor bike using ordinary or reasonable care, must see what there is to be seen, and must obey all traffic signs.
Damages
Because motorcycles leave their rider exposed to the elements, the resulting injuries following a motorcycle accident are much more severe compared to other types of auto accidents. Motorcycle operators are susceptible to enhanced risks including:
- Road rash or other injuries when a motorcycle rider comes into contact with the road surface after an accident
- The motorcycle rider being thrown or ejected from the motorcycle
- The motorcycle rider coming into contact with other vehicles after a crash
- greater damage due to the fact that a motorcycle is much lighter and smaller in size when compared to most other vehicles on the road including cars, trucks, and buses
- Greater potential damage from lack of stability and balance since a motorcycle has two wheels and can easily fall over on its side after a crash
- Motorcycle riders are exposed to danger due to operators of larger vehicles not being able to see the smaller, thinner, and lighter motor bike when changing lanes for example
- Motorcycle riders face dangers not only from other vehicles but also from surrounding conditions such as potholes in the road, bumps, construction on the road, construction debris, puddles, and other hazards.
Insurance
Motorcycle accidents are different from car accidents in terms of auto insurance. The New York State No Fault or Personal Injury Protection (PIP) laws do not apply to motorcycle operators. This means that a motorcycle operator injured in an accident cannot have their medical bills and lost wages paid by the auto insurance for the motorcycle by law up to $50,000 as with cars. However, the benefit is that a motorcycle operator is not limited by having to prove a serious injury in order to recover compensation in a lawsuit. This means a motorcycle operator does not have to prove serious injury or overcome any threshold of Insurance Law 5102(d) and therefore can sue for minor injuries, property damages, damage to personal items, medical bills, and any other damages arising out of the motorcycle accident.
It is important to contact an experienced motorcycle accident lawyer who will find out all applicable insurance coverages and bodily injury limits of the offending vehicles as well as the underinsured motorist (UM) coverage of the motorcycle to determine the maximum amount of compensation available.