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When motorcycle season is upon us, we are all looking forward to enjoying the roads and byways of Western New York. We can also expect to see a rash of motorcycle accidents. We do not like to talk about an accident but consider this:
A substantial percentage of accidents are caused by people who drive four-wheeled vehicles, fail to see a motorcycle driving the other way, and make a turn in front of the bike causing an accident. It is absolutely necessary that each of us drives defensively!
Unfortunately, in most of these cases the motorcyclist is injured. The first thing that anyone should do is take care of the first aid requirements of the injured. There are some other actions that should be taken to protect ourselves and our friends.
New York law allows motorcyclists to sue the driver and owner of the car for damages, not only for out-of-pocket expenses, such as medical and lost wages, but also for pain and suffering.
However, a victim of such an accident can only sue another driver who is negligent and who is at fault for the accident. Many times the question of who is at fault is resolved by eyewitness accounts of the accident. Frankly, many drivers who hit motorcyclists will lie and make false statements and try to pin the blame on the motorcyclist. The best way to resolve this type of a dispute and save yourself or your friends a great deal of grief is to be sure, immediately after the accident, after you have taken care of your first aid requirements and called the police, that you or a friend obtain the names, addresses, and phone numbers of as many witnesses as possible. It is a good idea, in this day of cell phones with cameras, that pictures be taken of the accident scene.
As an attorney I recently represented a couple struck by a truck while on their motorcycle. They were both injured but substantially recovered. The truck made a left-hand turn in front of the motorcycle. It was clearly the fault of the truck driver but the truck driver decided to lie. He blamed the accident on the motorcyclist. Although my clients had a good case, they would've been in a much better position if they had witnesses. Unfortunately, and in spite of the fact that there were 50 motorcyclists in the immediate vicinity, we were not able to find any witnesses because nobody bothered to get the names at the accident scene!
Good police officers will obtain the names of witnesses and get much of the required information for their accident reports. However, as in the case I just mentioned, there are police officers who may not make an adequate report and get the names of witnesses. Thus, you cannot always rely on the police at the accident scene to get all the required information.
If you become a witness to a motorcycle or car accident, it is always helpful if you give your name, address, and telephone number not only to the police involved in the investigation but to the accident victims. There is little to fear by being a witness to an accident and a great deal to be gained in fairness to the injured parties.
The victim of a motorcycle accident should also be aware that they may be contacted by the insurance company or the legal representative of the other side. You should never make any statements to these people. They're only there to help their own client. Anything you say will be used against you.
You should, at your earliest convenience, contact an attorney who is familiar with personal injury law as it applies to motorcycles. This is the only way that you can protect your rights! | |
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6420 Thistle Court
East Amherst, New York 14051
Telephone:
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