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5 Tips for Safe Motorcycle Riding in New York City

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5 Tips for Safe Motorcycle Riding in New York City

Motorcycle ridership is on the rise across the country, and New York City is no exception. While motorcycles can offer an unrivaled sense of freedom, they also pose some serious risks to riders. Every year, thousands of riders are injured or killed in motorcycle accidents, often through no fault of their own.

According to the National Highway Traffic Safety Administration (NHTSA), a shocking 80% of motorcycle accidents result in injury or death. The good news is, there are steps you can take to reduce the likelihood of being injured in an accident while riding your motorcycle in New York City.

Safe Driving Tips for Motorcyclists

Too often, traffic accidents are out of your control as a driver. This is equally true for motorcycle riders. That said, there are measures you can take to try to prevent accidents from occurring in the first place, or to reduce your injury in the unfortunate event that you are involved in a crash.

Maintain Your Bike – Before you take your bike out on the road, it’s crucial to make sure that it’s in proper condition. Motorcycles should be checked regularly to make sure that they’re in good working order. This includes checking on the tires, brakes, lights, turn signals, and horn, among other things. If something seems wrong, don’t hesitate to visit a mechanic as soon as possible.

Practice Safe Driving Skills – Just like when you’re driving a car, obeying traffic rules is critical to safety when driving a motorcycle. Speeding is a major cause of motorcycle accidents. Defensive driving is also key; just because you’re driving safely doesn’t mean that everyone else on the road is. Be alert at all times, and don’t assume that other drivers can see you when you’re turning or changing lanes. You need to always be on the lookout for road hazards, and pay extra attention during bad weather.

Never Drive While Impaired or Distracted – According to the NHTSA, 29% of bikers involved in fatal crashes in 2014 had a blood alcohol concentration above the legal limit. You should never operate a motorcycle if you’ve consumed alcohol or any other substance that can impair your judgment. You should likewise avoid driving when you’re tired, fatigued, or for any reason unable to devote your full attention to the road.

Wear a Helmet – Wearing a motorcycle helmet is not only required under New York law, it’s also common sense. An alarming number of serious motorcycle accident injuries can be attributed to riders not wearing helmets, and head trauma is the number one cause of death or serious injury. According to the NHTSA, helmets reduce fatalities by 29% and serious brain injuries by 67%.

Invest in Good Gear – A helmet isn’t the only thing that can protect you from injuries in the event of a motorcycle accident. Protective gear and clothing, including leather jackets, full pants, gloves, and proper boots, can reduce injuries if you’re involved in a crash or a skid. Adding reflective tape or patches to your clothing will also make it easier for other drivers to see you on the road.

Consult an Experienced Motorcycle Attorney

Regardless of the preventative measures you take, you can’t always avoid accidents. If you or a loved one has been injured or killed in a motorcycle accident, the experienced motorcycle accident lawyers at the Law Offices of Justin D. Brandel are here to get you the compensation you deserve.

Collecting from insurance companies after a motorcycle accident can be a challenge, and you shouldn’t attempt to handle it on your own. At the Law Offices of Justin D. Brandel, we’re experienced at handling motorcycle accident cases and will fight to protect your interests every step of the way. Call today for a free consultation and take the first step toward getting the justice you deserve.

Speak with an attorney about your case today.

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Accident in Queens Causes Motorcyclist’s Death

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Accident in Queens Causes Motorcyclist’s Death

Motorcycle ridership is on the rise across the country, and New York City is no exception. While motorcycles can offer an unrivaled sense of freedom, they also pose some serious risks to riders. Every year, thousands of riders are injured or killed in motorcycle accidents, often through no fault of their own.

According to the National Highway Traffic Safety Administration (NHTSA), a shocking 80% of motorcycle accidents result in injury or death. The good news is, there are steps you can take to reduce the likelihood of being injured in an accident while riding your motorcycle in New York City.

Left Turns by Cars a Common Hazard for Motorcyclists

This collision between the motorcycle and the van is unfortunately an example of an all-too-common risk that motorcyclists face every day. One of the most common types of motorcycle accidents is where, as was the case here, a motorist turns left at an intersection and into the path of an oncoming motorcyclist. According to reports, over 40% of collisions between motorcyclists and cars involve the car turning left into an intersection.

While we don’t know what the exact circumstances of this particular accident were, in many cases it is the driver who negligently fails to notice the oncoming motorcyclist or to provide sufficient space. Drivers reportedly often tell the investigating police that they did not see the oncoming motorcyclist.

Safety courses for motorcyclists suggest that they approach intersections with caution, keep their eyes down the road for potential turning cars, and position themselves at the left of the lane to provide room to swerve to the left of the oncoming car if need be.

Recovery is Available For Injured Motorcyclists and Their Families

When a car turns left into an intersection and collides with a motorcycle, it is nearly always the automobile driver who will found to be at fault. In some cases where the motorcyclist is speeding, the motorcyclist may be at fault as well, but this does not necessarily mean the motorcyclist is barred from recovery. Injured motorcyclists (or their families where the motorcyclist has died in the accident) can bring a personal injury lawsuit to recover the damages they have suffered in the accident, including: medical bills, lost income, pain and suffering, and related costs. In many cases, defendants and insurers will settle the claims and trial can be avoided.

If you have been involved in a motorcycle accident in New York, motorcycle accident attorney Justin Brandel can help you obtain the recovery you deserve under New York law. Contact The Law Offices of Justin D. Brandel to set up a free consultation.

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Midtown Taxi Accident Leaves 67-Year-Old Woman Dead

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Midtown Taxi Accident Leaves 67-Year-Old Woman Dead

A SUV registered with the NYC Taxi and Limousine Commission (TLC) failed to yield a pedestrian and struck her earlier this month, killing the pedestrian and leading to the driver’s arrest. The accident occurred at 38th Street and 8th Avenue in midtown Manhattan during busy rush hour traffic. A pedestrian death caused by a taxi is sadly an all too common event in NYC, and the 67-year-old pedestrian’s death is a reminder of the danger that pedestrians and riders face from taxis every day in the city.

Good Samaritans Could Not Save the Pedestrian

Yuenei Wu of Brooklyn worked in the area where the accident took place, and was a common sight walking around the neighborhood. She was crossing the street at around 4:30 PM on Monday, June 6 when the SUV turned left into the intersection and struck her and dragged her for several feet. Good Samaritans that were nearby the scene actually worked together to lift the SUV up off of Wu in order to free her, but the damage had been done. The pedestrian was taken to Bellevue Hospital but did not regain consciousness and perished from her injuries.

The 39-year-old driver of the SUV was arrested for failing to yield to a pedestrian, which is only a misdemeanor. This is the second time that a car has hit and killed a pedestrian in the same south midtown area of Manhattan, and in both cases the driver was driving a livery cab registered with the TLC.

Recovery is Available for Taxi Accidents Victims and their Families

The driver of the livery cab that hit the pedestrian clearly acted negligently as evidenced by the arrest for failing to follow NYC traffic laws. When a taxi driver acts negligently and causes an accident as a result, the injured victim (or the victim’s family where the victim has died from the injury) can bring a personal injury action in state court against the driver and the cab operator for injuries, the cost of medical treatment, pain and suffering, and other costs brought on by the loss. The TLC requires all cab operators to carry insurance covering injuries to others for at least $100,000 per accident victim, and a plaintiff can sue the operator for any further damages in excess of that figure.

What to Do if You’ve Been in a Taxi Accident

Obviously, if you’ve been injured by a taxi, either as a passenger, pedestrian, or other driver, the first thing you need to do is secure medical attention. But it is also important to contact a taxi accident attorney as soon as possible to make sure that you are properly compensated for all of your injuries. The sooner you contact an attorney, the more quickly the investigation into the accident can occur, and a case can be put together for your recovery. To speak with a taxi accident attorney today, contact The Law Offices of Justin D. Brandel to set up a free consultation.

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What to Do After You Have Been Hit By a Car Share

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What to Do After You Have Been Hit By a Car Share

Getting hit by a car is sadly not that uncommon of an experience in New York City, especially at densely populated intersections throughout Manhattan and the other boroughs. With taxis, trucks, and cars (including Uber, Lyft, and livery cars) sharing the roads with dense masses of pedestrians and bicyclists, collisions are bound to happen. In the unfortunate situation you are hit by a car or other vehicle, here is a quick rundown of what to do after you have been hit by a car:

Secure Medical Attention

This should go without saying, but if you’ve been hit by a car you may be at risk of serious injury even if you feel like you are able to function properly. You may be suffering internal bleeding, a concussion, or some other serious injury. By calling 911 or your emergency health provider, you can speak with an operator who can assess whether you are safe to transport yourself to a medical facility or require an ambulance.

Contact the Police

A police officer should come to the scene of the accident to assess the situation, gather information you, the driver, and other witnesses might have, and file a report. Having such a report can be valuable for your own insurance needs and for collecting compensation from the driver and/or his or her insurer. A police officer can also assess whether the driver was intoxicated or otherwise acted illegally.

Obtain the Relevant Information from the Driver

If the driver has not left the scene, ask to see the driver’s telephone number, address, insurance information, license, license plate, and registration. Copy relevant information down if possible or, better yet, take a picture with your phone. If the other driver has fled the scene, attempt to recall as much information about the car and write it down as soon as possible: make, model, color, distinctive marking, and license plate number or partial number.

Do Not Accept a Settlement or Sign a Waiver

Some drivers may attempt to pay you cash on the spot, write you a check, or promise to pay you money at a later time. They may do this in an attempt to give you far less than you might get in court, to avoid effects to their insurance rates, or even to avoid being arrested for drunk driving or where they are engaged in a compromising position such as being with a prostitute or having contraband in the car. If you accept cash or other payment, you may well be giving up your right to collect greater damages later on and get full compensation for your injuries. Likewise, do not sign a waiver if presented with one.

Collect Info From Any Witnesses

If there are any witnesses to the accident, collect their telephone numbers and addresses so that they can be contacted to give their account of the accident at a later time if necessary.

Work with an Attorney Who Can Represent Your Interests

In most cases, a pedestrian hit by a car is entitled to compensation for medical bills and other damages related to their injuries. Collecting that compensation can be a confusing process of dealing with insurers and lawyers, so do not hesitate to work with a car accident attorney who solely represents your interests and will work to get you the maximum amount of compensation available. Attorney Justin Brandel represents victims of car injuries across New York City, and will fight to get you the compensation you deserve. Call his office today to set up a free consultation.

Speak with an attorney about your case today.

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What Percent of Motorcycle Accidents Results in Injury or Death?

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What Percent of Motorcycle Accidents Results in Injury or Death?

The call of the open road is undeniable. America’s passion for motorcycles is on the rise – more than 500,000 motorcycles were sold last year in the U.S. alone, bringing the number of bikes on the road to approximately 8.4 million. As thrilling as it may be, biking can also be a risky proposition. No matter how safe or experienced you are as a rider, you can’t control the conditions or other drivers you encounter on the road.

If you or a loved one has been injured or killed in a motorcycle accident, the experienced motorcycle accident lawyers at the Law Offices of Justin D. Brandel will work diligently to get you the compensation you deserve.

Death and Injury Rates for Motorcyclists are High

According to the National Highway Traffic Safety Administration (NHTSA), thousands of riders lose their lives in motorcycle crashes every year. For every mile traveled, a motorcyclist is more than 26 times more likely to die in a crash than the occupant of a passenger car, and five times as likely to sustain injury. A staggering 80% of motorcycle accidents result in injury or death; the same is true for only 20% of car crashes.

Data published by the Insurance Information Institute shows that 4,586 people died in motorcycle crashes in 2014, while 92,000 were injured.

These alarming numbers highlight the need for motorcycle safety. Wearing a helmet is just one way to reduce your chance for injury. Head trauma is the leading cause of serious injury or death in motorcycle accidents. NHTSA research shows that helmets cause a 29% reduction in fatalities and a 67% reduction in serious brain injuries.

Other factors play a huge role in motorcycle injury and fatality rates, including:

  • Speeding – NHTSA statistics for 2013 show that 34% of motorcycle riders in fatal crashes were driving above the speed limit.
  • Alcohol – According to the NHTSA, in 2014, 29% of bikers involved in fatal crashes had a blood alcohol concentration at or above of 0.08, the legal threshold for drunk driving in the U.S.
  • No valid license – In 2013, 25% of motorcycle riders involved in fatal crashes lacked a valid license.
  • Bike type – The Insurance Institute for Highway Safety found that riders of “super sports” motorcycles, which are light-weight bikes built for racing, were four times more likely to die in fatal crashes than riders of other bikes.

All that said, in many accidents, it is the other driver who is at fault for causing the accident by failing to notice the motorcyclist and/or give them proper space on the road to maneuver safely. Even if the motorcyclist was partially at fault in causing the accident, he or she may be able to recover against a driver who was also at fault in causing the accident.

How an Experienced Motorcycle Attorney Can Help

Victims of motorcycle accidents have options. Negotiating with insurance companies and collecting for your injuries can be complicated. Enlisting the help of an experienced attorney will remove the stress and confusion from the process and ensure that you get the best possible recovery available.

The main goal of insurance companies is to convince you to settle fast for the least money possible. In many cases, a quick settlement is not in your best interest, and a personal injury lawsuit is the only way to protect your rights. An experienced motorcycle accident lawyer will aggressively seek the maximum recovery for you and help you determine the best course of action in your particular situation.

Collecting fair compensation for your injuries after a motorcycle accident can be a challenge, and you shouldn’t attempt to go it alone. At the Law Offices of Justin D. Brandel, we’re dedicated to protecting your interests every step of the way. Call today for a consultation.

Speak with an attorney about your case today.

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What is a Personal Injury Claim?

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What is a Personal Injury Claim?

People suffer injuries every day through no fault of their own. If you were injured as a result of someone else’s wrongful acts, either intentional or accidental, you may have a valid personal injury claim.

The two basic issues at stake in any personal injury claim are liability and damages. Liability involves determining who was legally at fault for the injuries you sustained. Damages are the legal measure of the nature and extent of your injuries. Damages in a personal injury case will be quantified as a dollar figure; unlike in criminal cases, personal injury claims do not result in punishment or jail time for the party that hurt you.

A personal injury claim can involve any wrongdoing by another party that resulted in harm to you. Some of the most common kinds of personal injury claims are:

  • Construction Accidents
  • Motorcycle Accidents
  • Auto Accidents
  • Slip and Fall
  • Wrongful Death
  • Dog Bite Injuries

Can I Make a Claim for Personal Injury?

Deciding to go forward with a personal injury claim requires a detailed analysis of the facts of your case. An experienced personal injury attorney can help you evaluate whether or not to pursue a lawsuit.

The first thing you need to do is take the time to recover from your injuries. The law requires you to mitigate your damages, which means that you need to take the necessary steps to recover and improve your physical condition. You’ll also have a much more accurate picture of your full damages after your recovery is complete. That said, you should contact an attorney as soon as possible after the accident occurs in order to begin the investigation of the facts and protect your interests.

You’ll also need to show that another party is responsible for your injuries. The main bases for personal injury claims are:

  • Negligence: The other party had a duty to exercise reasonable care in their actions but failed to do so, resulting in your injury. A classic example of a negligence claim is an automobile accident, but most other personal injury claims fall in this category as well.
  • Strict liability: Arising largely in cases involving injuries from defective products, strict liability cases do not require a showing of negligence. Rather, you just need to show that the product at issue was designed or manufactured in an unreasonably dangerous way.
  • Intentional wrongdoing: Less common than negligence and strict liability cases, certain personal injury claims such as assault or battery can be brought when someone’s intentional conduct causes you harm. Often these actions may also be the subject of separate criminal proceedings.

Finally, you must be able to prove that you suffered damages. These might include lost wages, medical bills, or pain and suffering. It’s important to keep a detailed record of how your injuries have affected your day-to-day life, including any impact on your job, schooling, or family and social obligations.

How Long Does a Personal Injury Claim Take?

Every case is different. Some claims are much more complex than others and involve more serious injuries. Only after a full investigation of the circumstances can your attorney begin to give you a sense of how long your claim may take.

One of the biggest factors influencing the length of your case is whether you settle or insist on seeing your claim through trial. Some cases may settle in a matter of months, while others may take years to go to trial. You should be wary of any attorney who guarantees that your case will settle in a certain amount of time without examining all the details.

Generally speaking, personal injury cases will settle more quickly if you are willing to accept less money for your injuries. Insurance companies notoriously try to rush injured plaintiffs into quick settlements for small damages. It’s important to assess your injuries and give them time to heal before rushing to accept an offer.

If you resist the quick settlement, your attorney will gather and analyze all the relevant evidence, including police reports, witness statements, and medical records. Fact gathering can often take months, if not longer. The good news is, the more time you spend analyzing your claim, the more likely you are to receive a settlement that accurately compensates you for your injuries.

While most personal injury cases settle, some do go to trial. And even if you are awarded damages by the court, it may take time to actually recover your money from the party who injured you. It’s not unusual for the trial process to take years.

Deciding the proper route to maximum recovery is not something that’s easy to do on your own. An experienced personal injury attorney will analyze your case and help you every step of the way, whether your claim ends in settlement or goes to trial. The Law Offices of Justin D. Brandel are dedicated to aggressively pursuing your claim and have a proven track record of helping their clients recover the full compensation they deserve. If you’ve been injured and think you have a claim, contact Mr. Brandel today for a free consultation.

Speak with an attorney about your case today.

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New York Is an Injury Zone for Construction Workers

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New York Is an Injury Zone for Construction Workers

It is a well-known fact that construction site accidents are becoming commonplace in New York. The number of fatal construction accidents is on the rise, as reported in a New York Times article about a 12-ton heating and air-conditioning unit that fell from a crane 30 stories to the pavement below. Five months into 2015, 8 people had already been killed in construction site accidents. The previous year saw a total of 231 construction-related accidents, up 24% from the year before.

A recent criminal case playing out in the courts of NYC demonstrates that construction safety continues to be a huge problem in the city. After construction worker Carlos Moncayo died in 2015, crushed by a collapsing wall, two employees of the construction firm employing Carlos were actually charged with homicide in his death by allowing the unsafe working conditions that led to his death. One of the men on trial in fact blamed the other defendant for not letting him fire the foreman on the construction site whose actions he alleged were the cause of the man’s death.

That sad case and the overall increasing number of construction site accidents can be attributed to the fact that more construction is occurring. According to the president of the New York Building Congress, $36 billion was spent on construction in 2014, with 98,000 new building permits issued by New York City. The current construction boom has led to more injuries and accidents, with construction workers, in some cases, paying the ultimate price.

Construction Site Accident Risks

Workers in the construction industry face the risk of serious injury on a daily basis. OSHA reports that of the 4,251 fatal work-related accidents in a recent year, 20.5% occurred in construction. Common types of construction site accidents include:

  • Falls from heights
  • Falling objects
  • Crane accidents
  • Forklift accidents
  • Fires and explosions
  • Electrocutions

Fortunately, many accidents can be prevented when contractors take the necessary (and required) safety measures that are proven to minimize risks. When they fail to do so, they may be held liable for injuries sustained by workers when something goes terribly wrong.

Why You Need Legal Representation After Construction Site Accidents

Construction workers have protection under state law. New York Labor Law Section 240 requires contractors, owners, and their agents to provide specific safety gear to employees working at higher elevations.

Third-party contractors (general contractors and subcontractors) are involved at most construction sites. When proper protective gear is not provided as required by law, injured workers may be entitled to recover compensation from the responsible third party if they can show that the third party knew or should have known about the safety violations occurring on the site.

Employees injured in construction site accidents are entitled to claim workers’ compensation benefits, but the amount of compensation can be sadly inadequate. It is important to have your case evaluated by a knowledgeable New York construction accident lawyer. If a responsible third party can be identified, you may be entitled to claim compensation well beyond your workers’ compensation benefits.

Construction Accident Lawyer in New York

If you have been hurt in a construction site accident, it is in your best interests to speak with an experienced construction accident attorney as soon as possible. At The Law Offices of Justin D. Brandel, we offer a free consultation with no obligation. Contact us to find out if you have a case against a third-party contractor, and what damages you may be entitled to claim.

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Establishing Property Owner Liability in a Slip and Fall

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Establishing Property Owner Liability in a Slip and Fall

Many terms related to personal injury law can be vague and amorphous to the non-lawyer – “negligence” and “duty” for example may not have obvious meanings to you. But “slip and fall” pretty much describes exactly what it is: a plaintiff slips on a dangerous surface, and then falls and injures himself as a result. While the thought of a person slipping and falling may bring to mind classic slapstick routines, actual slip and fall accidents are anything but a laughing matter.

Slip and fall accidents often lead to fractures, spinal cord injuries, traumatic brain injuries, and other serious damage. The consequences of these injuries can go on for years and decades, resulting in huge medical bills and rehabilitation costs, and pain and suffering endured over a lifetime. Individuals hurt in slip and fall accidents through the negligence of property owners may be entitled to claim compensation for their injuries. But how exactly is that negligence shown?

Proving Property Owner Negligence in Slip and Fall Accidents

In most negligence cases, a defendant has to have taken an action which presented a foreseeable and unreasonable risk of harm to you the plaintiff. But in a slip and fall case brought against a property owner, negligence works a little differently. The property owner does not actually have to take the action which caused your injury (for example, spilled a bucket of soapy water that you then slipped on). Instead, property owners can be held liable where accidents occurred on their property and they failed to take reasonable steps to protect you as a visitor on their property. Specifically, the steps involved in proving a slip and fall case against a property owner are:

  • The plaintiff must prove that the defendant owned the property in question and therefore owed a duty to you as a visitor. In most cases this can be proven easily, whether you were a customer, a residential guest, or using a public facility, although it may be more complicated if you were trespassing.
  • The property owner failed to take reasonable steps to keep the property safe from the dangerous conditions that caused the slip and fall. This standard can change based on whether you were on the property as a customer or as a personal guest, but generally it means the owner should either take steps to prevent slips and falls from occurring or adequately clean up spills when the owner notices them. In many cases, this is proved through a showing that the owner or possessor of the property knew the dangerous condition existed but negligently failed to correct the hazard, or the hazardous condition existed on the property long enough that the owner or possessor should have found and corrected it before your slip and fall accident occurred.
  • The property owner’s failure to take the above reasonable steps was the foreseeable cause of your injury. For example, if you claim to suffer migraine headaches from a fall, the property owner may try to argue the fall did not cause your headaches.
  • You actually suffered the full extent of damages you are claiming recovery for.

Holding Landlords Liable for Slip and Fall Accidents on Residential Properties

Residential property landlords may also be held liable for slip and fall accidents suffered by tenants and other parties. To hold a landlord responsible, you must show that:

  • The landlord had control over the hazardous condition.
  • Repairing it would not have been unreasonably difficult or expensive.
  • It was foreseeable that the hazardous condition could cause serious injury.
  • The landlord’s failure to take reasonable steps to prevent an accident caused your injuries.

Get Legal Assistance in Bringing Your Slip and Fall Claim

At The Law Offices of Justin D. Brandel, we go the extra mile for our clients. You pay us no legal fees unless we win your case for you. If you have been injured in a slip and fall accident on the property of another, contact us today to schedule a free consultation.

Speak with an attorney about your case today.

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Motorcyclist Hit by Car: Distracted Driving and Motorcycle Accidents

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Motorcyclist Hit by Car: Distracted Driving and Motorcycle Accidents

Distracted driving is a serious threat to every motorist on the roadway, and an extreme hazard for motorcycle riders. While passenger vehicle occupants have the protection of an enclosed vehicle, motorcyclists lack that protection. A motorcyclist hit by car can sustain serious, catastrophic, and even fatal injuries in accidents caused by distracted drivers.

A landmark research study released by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute concluded that driver inattention was indeed the most common cause of all crashes and near crashes in the United States. The report concluded that, “Nearly 80 percent of crashes and 65 percent of near crashes involved some form of driver inattention within three seconds before the event,” with cell phone use being a primary source of driver inattention. The report found that 3,179 people were killed and 431,000 were injured in motor vehicles accidents involving distracted drivers in a recent year. The Insurance Institute for Highway Safety (IIHS) also reported that a total of 4,295 motorcyclists were killed in traffic crashes that year, accounting for 13% of all traffic fatalities, which means that hundreds if not thousands of motorcyclists are dying as a result of motorists texting while driving each year.

Most Motorcycle Accidents are Caused by Auto Drivers

Most traffic crashes between motorcycles and other vehicles are caused by drivers who fail to register the presence of the motorcycle while navigating traffic conditions. Motorcycles have a smaller profile than other passenger vehicles, and often automobile drivers simply fail to observe that a motorcycle is sharing the road or highway. In a well-known study prepared for the NHTSA, commonly known as the Hurt Report, researchers found that:

In two-thirds of the accidents between motorcycles and other vehicles, the driver of the other vehicle caused the accident by violating the motorcyclist’s right-of-way.

The predominant cause of motorcycle accidents is the failure of motorists to recognize motorcycles in traffic.

The most frequent motorcycle accident configuration is when the motorcycle is proceeding straight ahead and an automobile turns left into the path of the oncoming motorcycle.

This serious problem is compounded exponentially when drivers are texting or otherwise distracted, and as a result, have even less aware of motorcycles in the roadway.

Despite Laws and Growing Awareness, Distracted Driving is Still Prevalent

In 2007, Washington became just the first state to ban texting while driving. Less than ten years later, 45 additional states and the District of Columbia banned the practice as well, and many public awareness campaigns have attempted to curb texting and driving. Despite those efforts, texting while driving is still commonplace. In a 2015 Erie Insurance survey, one-third of drivers admitted to texting while driving. At any given daylight moment in the U.S., an estimated 660,000 people are manipulating electronic devices or using cell phones while driving.

Are You a New York Motorcyclist Hit by Car?

After a motorcycle accident with serious injuries caused by a distracted driver, you need an experienced motorcycle accident lawyer to protect your rights and interests. Our seasoned litigators at The Law Offices of Justin D. Brandel are dedicated advocates for our clients. Contact us for a free consultation to find out about your options under the law.

Speak with an attorney about your case today.

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NYC Tops National Poll for Aggressive Driving

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NYC Tops National Poll for Aggressive Driving

Aggressive driving is a category of dangerous driving behavior that is the underlying cause of many deadly auto accidents. This driving behavior is defined by the National Highway Traffic Safety Administration (NHTSA) as operating a motor vehicle in a manner that is likely to endanger, or actually endangers, people or property. Aggressive driving is classified as a traffic violation, as distinguished from “road rage,” which is a criminal offense.

Regardless of how it is classified, aggressive driving puts everyone sharing the road at risk of serious injury or death. It has become a serious problem on our nation’s roadways, as reported by the NHTSA. The administration is providing guides, information, and planners to law enforcement agencies throughout the country in an attempt to stop aggressive driving.

Aggressive Driving in New York: A Major Cause of Auto Accidents

According to an article in Reuters, in an annual poll, New York has been voted the city with the angriest, most aggressive drivers in the nation. Voters in 25 major metropolitan areas awarded New York the “prize” for the most aggressive drivers who speed, tailgate, honk their horns, and overreact to traffic situations.

Aggressive driving behavior causes serious and fatal auto accidents. The Insurance Information Institute (III) reports that researchers in an American Automobile Association study of data collected in NHTSA’s Fatal Accident Report System (FARS) found that aggressive driving contributed to 56% of all fatal crashes over a four-year period.

What Constitutes Aggressive Driving?

Aggressive driving typically involves a combination of moving traffic violations committed by a particular driver that endangers persons or property. Aggressive driving behavior may include:

  • Excessive speeding
  • Tailgating
  • Weaving in and out of traffic
  • Unsafe lane changes
  • Running traffic lights and stop signs
  • Violating other motorists’ right-of-way

NHTSA explains that not all instances of aggressive driving behavior are intentional. Drivers who are distracted or inattentive may just fail to obey traffic signals. Judgment errors while executing a turn can result in right-of-way violations and auto accidents.

As we all know, aggressive driving is often intentional, and motivated by a number of factors. Factors contributing to intentional aggressive driving, as stated by NHTSA, include:

  • Traffic delays
  • Drivers running late
  • Anonymity
  • Disregard for the law
  • Predisposition to angry confrontation

While these factors may explain aggressive driving, they do not excuse it, especially when it results in an accident leading to injury of innocent drivers, passengers, bicyclists, and pedestrians.

New York Auto Accident Attorney

Drivers who follow too closely, weave erratically in and out of traffic exceed the speed limit by 20 to 30 mph, run red lights and stop signs, and cut other drivers off in traffic are a serious hazard for other law-abiding drivers and their passengers.

If you have been seriously injured in a traffic crash caused by one of these negligent drivers, The Law Offices of Justin D. Brandel can help. Contact our office to arrange for a free case consultation. Our seasoned New York auto accident lawyers are available to review your case and advise you of the potential value of your claim, the time expected to reach a resolution, and to answer any other questions you may have. We charge no legal fees unless we win for you, so there is no risk in connecting with us — call now for help.

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