Motorcyclists are entitled to use the roads in the same way other motorists such as the drivers of cars or trucks do. However, not all drivers honor and respect the rights of motorcyclists. They may not look for motorcyclists that are approaching when they are making turns, or they may ignore a motorcyclist waiting to turn and run a red light. If you were injured or a loved one was killed while on a motorcycle in a broadside collision, an experienced Syracuse motorcycle accident attorney can potentially help you pursue damages. At DeFrancisco & Falgiatano, we may be able to represent you in your lawsuit against an at-fault driver.What is a Broadside Collision?
Broadside collisions, also known as T-bone accidents, are those in which a vehicle hits another vehicle on its side. Broadside collisions may result in catastrophic injuries to drivers or even fatal injuries. There is little physical protection for a motorcyclist in the event that a larger vehicle T-bones a motorcycle. Injuries could include paralysis, brain trauma, internal bleeding, organ damage, broken bones, fractures, and scars.
Broadside collisions often happen at intersections. They are also common in parking lots and when a vehicle is pulling out of a driveway or side street. While the driver of the larger vehicle that T-bones the motorcyclist may walk away without a scratch, a motorcyclist’s injuries may be devastating and life-altering. If you were injured in a broadside collision, you should consult a skillful attorney. Often insurers and juries are biased against motorcyclists, making it especially important to consult legal counsel who knows how to combat those biases.Liability for Motorcycle Accidents
After a broadside collision, you may suffer particularly egregious injuries, and you may not have enough saved up to obtain the medical care, time off work, and replacement services you need. In order to recover damages, you’ll need to show the negligence of others. To prove negligence against the driver of a larger vehicle, you’ll need to show it’s more likely than not: (1) the other driver owed you a duty to use reasonable care, (2) the other driver deviated from the duty to use reasonable care, (3) causation, and (4) damages. All drivers owe a duty to use reasonable care. However, drivers can violate their duties to use reasonable care and cause a broadside collision in many different ways. They might speed, weave recklessly, drunk drive, fail to follow traffic signals or signs, and fail to yield.
New York follows the doctrine of comparative fault. Motorcycle operators in New York must wear a helmet. If you suffer head injuries as the result of a failure to wear helmet your damages may be reduced in proportion to your degree of fault for those injuries.Damages
Damages you may be able to recover after a broadside collision include economic and noneconomic losses. Economic losses are concrete and often documented; they can include medical expenses, long term care, hospital bills, wage loss, and property damage. Noneconomic losses may vary dramatically depending on what kinds of losses the jury believes would ordinarily stem from the sorts of injuries you faced in the broadside collision. They can include loss of consortium, pain and suffering, scars, and disfigurement. If your family member was killed in a broadside collision, you may be able to recover wrongful death damages.Consult a Motorcycle Accident Attorney in Syracuse
Broadside collisions can be complex. Motorcyclists do not have the same protection that those in other vehicles have when they get into accidents. If you are motorcyclist who was harmed in a broadside collision in Syracuse, you may be able to recover damages. It is important to retain a lawyer that will look carefully at the circumstances to determine all contributing factors and whether someone other than the at-fault driver may share the blame. DeFrancisco & Falgiatano represents motorcycle accident victims and their families in Syracuse, as well as Rochester, Elmira, Lyons, Auburn, Cooperstown, Binghamton, Canandaigua, Ithaca, Wampsville, Herkimer, Utica, Oneida, Oswego, Lowville, Watertown, and Lowville. Please call us at 315-479-9000 or contact us via our online form.