Accident in Queens Causes Motorcyclist’s Death

Posted on June 28, 2016September 23, 2020 by one400-dev

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.

June 28, 2016
6:50 pm

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What Percent of Motorcycle Accidents Results in Injury or Death?

Posted on May 18, 2016September 24, 2020 by one400-dev

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.

May 18, 2016
7:25 pm

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Serious, Catastrophic and Fatal Motorcycle Accidents in New York

Posted on March 7, 2016September 24, 2020 by one400-dev

Serious, Catastrophic and Fatal Motorcycle Accidents in New York

Motorcyclists in New York are at high risk of suffering serious, catastrophic or fatal injuries when in an accident. The New York State Department of Motor Vehicles reports that in 2014 there were a total of 4,357 motorcycle accidents, or about 112 occurring in the state every day of the year. A further investigation into the facts reveals 142 fatal accidents, with 148 people killed and 4,105 people injured in that year.

Of the shocking numbers of injured people, 893 suffered serious injuries (about 20 percent of the total injured), 1,204 suffered moderate injuries, and 1,682 sustained minor injuries. The DMV also reports that a high percentage of these accidents were the result of driver distraction, at 15.4 percent. 10.3 percent were the result of following too closely, and 17.9 percent were due a driver failing to yield right of way.

Serious injuries include motorcycle crashes in which a person sustained broken bones, spinal cord injuries, traumatic brain injuries, disfiguring injuries or accidental amputations, among others. These injuries can come with lasting consequences; the victim may require a lifetime of care in the worst cases. If the injuries can be successfully treated, it may require many months or even years before normal day-to-day life is restored. The losses sustained can leave a person with permanent impairments, unable to work or live life as he or she did prior to the motorcycle accident.

Holding a Negligent Driver Accountable in a Motorcycle Accident

Any person who has been injured in a motorcycle accident caused by a negligent driver, whether the driver was drunk, speeding, or inattentive can incur sobering economic and noneconomic damages. The offending party must be held accountable. A person who is unable to work, and is now living with serious impairments or facing many months of medical care and rehabilitation, could potentially seek financial compensation for the following damages:

Medical bills
Hospital bills
Wage loss
Lost earning potential
Transportation costs
Rehabilitation
Other financial damages (based on case)
Pain and suffering
Loss of quality of life
Loss of consortium

Wrongful Death Claims in Motorcycle Accident Cases

A family who has lost a loved one in a fatal motorcycle accident caused by another party has the right to pursue compensation for losses, by filing a wrongful death claim. These claims pay specific family members various types of damages. As with any injury claim, the statute of limitations in New York restricts the time in which a wrongful death claim can be filed, and it is critically important that these deadlines are met.

Justin Brandel — A Powerful Advocate

Attorney Justin Brandel has made seeking justice for the injured his life’s work. With an outstanding record of success in injury claims, he has a reputation as a powerful advocate for his clients, who works hard and takes every case very personally. Who you choose to represent you matters. Call the Law Offices of Justin D. Brandel for immediate assistance, and a free case evaluation. No fees unless we win.

March 7, 2016
8:36 pm

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Auto Accidents in New York Leave Families Struggling

Posted on March 1, 2016September 23, 2020 by one400-dev

Auto Accidents in New York Leave Families Struggling

The New York Times reports that traffic deaths in the city are decreasing, but if you are one of the hundreds of families who has a loved one suffering serious or fatal injuries, the statistics are not reassuring. The numbers of people dying from injuries fell to 230 in 2015 — but that still means more than one person dies from an auto accident every other day. The New York State DMV reveals that in the most recently reported year there were 66,554 auto accidents in New York City, or about 182 each day. In these auto accidents, 45,315 people sustained injuries.

If you drive in New York City, the facts suggest that you are putting your life on the line. 25 percent of the auto accidents involved a distracted or inattentive driver, 14.4 involved a failure to yield right of way, and 15 percent involved following too closely. Of these tens of thousands of accidents, many led to innocent people suffering severe injuries or left with permanent damage. In that year, 2,576 people sustained serious injuries, 5,032 sustained moderate injuries, and 28,070 sustained minor injuries.

Families can be left struggling to pay bills, with a loved one hospitalized, in pain, with an uncertain outcome. The financial situation can become dire within a few months. Recovering compensation not only allows for justice to be served, it provides financial support to the injured, with damages paid for the following:

Medical bills
Rehabilitation costs
Loss of income from work
Loss of earning potential
Loss of quality of life
Pain and suffering
Other damages, based on case.

I was injured in an auto accident in NYC — what now?

If you were seriously injured in a New York auto accident, it is imperative that you take the right legal actions, and as early as possible after the accident occurred. It may be difficult to consider the financial consequences of the accident, particularly if you or your loved one is hospitalized and suffering. If another party was at fault, you have the right to pursue full compensation. Unfortunately, it can be difficult to be treated fairly by the insurance company. These companies operate for profit, and use various tactics to convince injured people to accept and sign off on lowball settlements. Don’t let this happen to you and your family.

Step One: Get the Right Attorney

Your first step, as soon as you are able, should be to get legal representation from a qualified and experienced auto accident lawyer. The difference in the amount you are paid in a settlement can be significant. Your lawyer will advocate for you and your interests, and understands how injury cases are valued, and will help you fight for a fair settlement.

New York auto accident lawyer Justin Brandel has made a name for himself through consistently achieving high value settlements for his clients. He is a powerful litigator and stands firm for his clients, demanding justice and full compensation. Call his firm today for more information and a free case evaluation.

March 1, 2016
8:47 pm

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Motorcycle Accidents: Settlements and Verdicts for Injury or Death

Posted on February 8, 2016September 23, 2020 by one400-dev

Motorcycle Accidents: Settlements and Verdicts for Injury or Death

Motorcycle accidents are inherently more dangerous than those involving other vehicles, and are far more likely to result in serious injury or death. The lack of a protective exterior, limited visibility for other motorists, and relative instability add up to serious risk for both experienced and inexperienced riders. But even the most seasoned riders can find themselves the victims of terrible and potentially fatal motorcycle accidents, often the direct result of another motorist’s negligent driving conduct.

Personal Injury Settlements for Motorcycle Accidents

Depending on the facts, a case may never make it to a jury, and will be settled through negotiations between the insurance company and your motorcycle accident lawyer. Negotiating a fair settlement requires skill, experience, and the ability to craft a powerful case. As the plaintiff, (the person filing the lawsuit), the quality of your legal representation can have a significant impact on the final negotiated settlement sum.

Damages that can be collected through a personal injury lawsuit for a motorcycle accident can include medical bills, lost wages, lost earning potential, pain and suffering, and loss of quality of life, depending upon the degree of the injuries sustained. While medical costs are fairly easy to quantify, it it more difficult to assign other damages a dollar amount. The process of “valuing” a case involves a full investigation into the facts, including medical records, available resources in insurances, and other details.

Motorcycle Accident Verdicts: Liability and Damages

If the insurance company of the negligent driver refuses to make a reasonable settlement offer, the case can be taken to civil court for resolution, where a jury can decide on the level of damages to award. A jury will be tasked with making the decision about the level of compensation the injured motorcyclist deserves. Insurance companies are often known for making reasonable offers at the 11th hour, as the risks of putting the case before a jury are high. Your lawyer should be a talented litigator that is very familiar with negotiating settlements or presenting a persuasive case in court.

The Importance of a Motorcycle Accident Attorney

When you’ve been injured in a motorcycle accident, or lost a loved one, you deserve to be paid full compensation from the responsible party. Unfortunately, insurance companies typically offer settlements that are far too low, in the hopes that the offer will be accepted. Don’t fall prey to these tactics — there is no going back once you sign off on a settlement.

An experienced personal injury attorney can not only fight for a full and fair settlement in negotiations, but also address the jury with a well-crafted case, fully documented and supported by evidence and witnesses. At the Law Offices of Justin D. Brandel, we are committed to seeking maximum compensation for those who have suffered serious injuries in motorcycle accidents.

If you need a New York motorcycle accident lawyer, contact us. We are advocates for the injured, and have an extensive record of high value settlements and verdicts.

February 8, 2016
9:07 pm

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Tag: motorcycle accident