Motorcycle Rollover Accidents
Motorcycle rollover accidents in Syracuse can have devastating consequences. These accidents occur when a motorcycle turns on its side. In some cases, the motorcycle flips because it struck an object. However, rollover accidents may also be caused by manufacturing or design defects. If you were injured or your loved one was killed in a motorcycle rollover accident, you should discuss the viability of bringing a claim against the parties responsible with the experienced Syracuse motorcycle accident attorneys of DeFrancisco and Falgiatano. Because these cases may present greater challenges than other types of lawsuits, having a seasoned lawyer by your side to document all your losses and establish liability in front of a jury is crucial. Insurers are more likely to take your claim seriously if you’re represented.Liability for Motorcycle Rollover Accidents
Many motorcycle rollover accidents are the result of a collision between a motorcycle and a larger vehicle. You may be able to recover compensation for your injuries by suing a negligent driver who caused the accident. To establish your right to recover damages, you must show by a preponderance of the evidence: (1) the defendant driver owed you a duty to use reasonable care, (2) the driver violated his duty of care, (3) the driver’s violation legally caused the motorcycle rollover accident and your injuries, (4) you sustained damages. You must be able to prove each of these elements by a preponderance of the evidence; this means you must show that each of these elements is more likely true than not true.
Drivers may breach the duty to use reasonable care and thereby cause a rollover by failing to yield to a motorcyclist at an intersection, passing a motorcyclist too closely, tailgating a motorcyclist, drunk driving, or failing to follow other signs and signals. You should be aware that your own conduct will be closely interrogated; your damages may be reduced by an amount equal to your fault for the rollover under the doctrine of comparative negligence.
To examine a motorcycle rollover accident carefully in its aftermath, your attorney may need to bring an accident reconstruction expert out to the site to look at debris, vehicle damage, and other evidence to determine all the factors that contributed to the accident. Sometimes, motorcycle rollovers occur because a motorcycle had a design or manufacturing defect. In that case, it may be appropriate to file a product liability lawsuit against the motorcycle manufacturer. Improper maintenance during road construction may also cause motorcycle rollovers to occur. A motorcyclist injured in a rollover due to a road defect, such as improper drainage or potholes, may be able to pursue damages against the owner of the road. Claims against governmental entities are subject to complex rules.Damages
Motorcycle accidents often result in catastrophic or fatal injuries. Unlike those riding in larger vehicles, a motorcyclist faces the possibility of direct force to his or her body. Additionally, motorcycle rollovers may happen because motorcycles are lighter than cars or trucks. Most people do not have enough saved in case of catastrophic or fatal injuries, but it may be possible to recover damages from an at-fault party.
In most cases, the damages in a motorcycle accident lawsuit are compensatory, meaning they are intended to return you to the position you would have been in without the rollover. They can include lost wages, lost earning capacity, pain-and-suffering, mental anguish, replacement services, medical bills, disfigurement, and scarring. The extent of your injuries will determine the amount you can recover.
Tragically, many people die in motorcycle rollover accidents. If your love one died in a motorcycle rollover accident, you may be able to recover your pecuniary losses in a wrongful death lawsuit.Consult a Seasoned Syracuse Lawyer
If you were hurt or your loved one was killed in a Syracuse motorcycle rollover accident caused by someone else, you should talk to our experienced attorneys. We represent motorcyclists and their families across upstate New York in Syracuse, Rochester, Watertown, Lowville, Oswego, Auburn, Canandaigua, Wampsville, Ithaca, Lyons, Oneida, Cooperstown, Utica, Elmira, Herkimer, and Binghamton. Complete DeFrancisco & Falgiatano’s online form or call us at 315-479-9000.