Motorcyclists are particularly vulnerable in traffic collisions because they lack the protection that occupants of passenger vehicles have. As a result, motorcycle accidents often lead to serious or catastrophic injuries, including those that cause permanent disability, long-term impairment, and significant physical pain, emotional distress, and other non-economic losses that affect a victim’s quality of life. In general, the severity and lasting impact of an injury are …
How Are Pain and Suffering Damages Calculated in a Motorcycle Accident Claim?
Pain and suffering damages in a motorcycle accident claim are typically determined by assessing the severity of the injuries, the impact on the victim’s daily life, the length of recovery, and whether the injuries result in permanent impairment or chronic pain. Evidence such as medical records, treatment history, and expert testimony is often used to demonstrate the extent of the physical pain and emotional distress caused by …
How is Negligence Proven in NYC Motorcycle Accident Cases?
In New York City motorcycle accident cases, negligence must be proven by showing that another party, often a motorist, failed to exercise reasonable care and that this failure caused the crash and resulting injuries. Common examples include speeding, failing to yield the right of way, distracted or impaired driving, or opening a vehicle door into the path of an oncoming motorcycle. Evidence such as police …
Who is At Fault in a Motorcycle Accident?
Determining fault in a motorcycle accident in New York depends on the specific circumstances of the collision. Liability is based on negligence, meaning the party that failed to exercise reasonable care is held responsible. For example, other motorists are often at fault for motorcycle accidents due to behaviors such as failing to yield, distracted driving, and not checking blind spots …
