Motorcycle riders are much more vulnerable to severe injuries than drivers and passengers in motor vehicles. Although they are at times difficult to see, drivers must treat them as they would other vehicles and exercise increased caution when driving nearby. A New York motor vehicle accident lawyer can advise an injured victim on their potential right to compensation if a driver fails to do so.
An accident recently occurred in Queens involving a motorcycle and an SUV. The motorcycle was heading down a street when it collided with the vehicle in the opposite lane. The motorcyclist was taken to a nearby hospital, but died from his injuries. Authorities investigating the accident issued a summons to the driver of the SUV for failing to properly yield to another vehicle.
Accidents involving motorcycles are governed by the same law as other motor vehicle accidents concerning the assessment of liability for any damages incurred. The party that will be held liable, if any, is the party that was negligent. To show that a defendant was negligent, an injured victim must establish that certain elements are present in the case. The victim must prove that the defendant owed them a duty to apply reasonable care in the operation of their vehicle, failed to do so, this breach caused the accident and the victim was injured as a result. Many actions may evidence that a driver was negligent including speeding, driving under the influence and failing to obey traffic signs.
Additionally, motorcycles are unique in comparison to other vehicles. Because of their smaller relative size, it is sometimes difficult for drivers to see them. The may be hidden by another vehicle or difficult to see under certain weather conditions. This is especially true at intersections, where the majority of accidents involving motorcycles and motor vehicles occur.
Source: New York Daily News, "Florida man killed in motorcycle accident on Queens Blvd.," Thomas Tracy, Sept. 5, 2013