Buffalo is known for its incredibly scenic roads by the Great Lakes and state parks. Motorists on a variety of modes of transportation love these picturesque portions of our Western New York community. Cars, motorcycles, and even ATVs can be seen cruising these roads.
Unfortunately, these areas also have the potential for catastrophe to occur. Motorcycle riders in particular are at greater risk. If you have been in a motorcycle accident, call a Buffalo personal injury attorney right away. Insurers often blame injury victims, especially when they get into motorcycle accidents.
Mazzu Law provides the strength and empathy you need from a Buffalo motorcycle accident lawyer to stand up for your legal rights. Speak to a motorcycle injury attorney in Buffalo today to learn more about your options for moving forward. You are just a click away from a free consultation with an injury lawyer from our legal team!
Understanding the Complexities of Motorcycle Accident Claims
When you are involved in a motorcycle accident, there are many challenges ahead in your case. Even in a minor motorcycle accident, navigating the legal landscape can be difficult without a motorcycle accident attorney.
Most motorcycle accidents are serious, with accident victims suffering from painful and often permanent conditions in the aftermath. An experienced motorcycle accident attorney can help you make sense of it all and fight for the compensation you deserve.
Filing a motorcycle accident claim requires determining how the motorcycle accident occurred. New York follows a no-fault insurance model, meaning you will file your injury claim with your insurer. You must use your own personal injury protection insurance coverage. If the other driver caused you serious injuries, you may be able to file a lawsuit against them for their negligence.
That is where things become more complicated. Insurance companies often do everything they can to minimize a payout. When you have been left with debilitating injuries, the other driver’s insurer will argue that it is your fault to get out of paying you a settlement.
All motorcycle riders are aware of the risks when they get on the road, yet most motorcycle accidents are caused by drivers of cars, trucks, and other motor vehicles. This means that the evidence in your motorcycle accident case must be strong. With the help of a Buffalo motorcycle accident attorney from Mazzu Law, you will have someone on your side fighting for what is fair.
Common Injuries That Occur in Buffalo Motorcycle Accidents
Sadly, motorcycle riders are often seriously injured after a motorcycle accident. Here is a look at the most common injuries that occur in Buffalo motorcycle accidents:
Head Injuries
Helmets certainly go a long way in protecting motorcycle riders from head injuries, including traumatic brain injuries. New York state law also requires all motorcyclists and their passengers to wear a DOT-approved helmet, regardless of their age or experience riding.
Brain injuries can range from mild forms, such as a concussion, which may mean that a victim needs to relearn how to complete basic tasks. It can also impact cognitive ability, though in the most serious cases, it could result in coma or even death.
Spinal Cord Injuries
Injuries to the spine can vary widely, depending on their severity and the point of impact to the spine. This type of injury in a motorcycle accident may result in partial or complete paralysis, loss of control of bodily functions, numbness, and other disruptive symptoms.
Lower Extremity Injuries
When motorcyclists are thrown off their motorcycles in a motorcycle accident, it is common for them to suffer injuries to their lower extremities. Knee injuries, shattered pelvises, and fractures of the legs and ankles can easily happen with the force of impact made with the road.
Broken Bones
In a motorcycle accident, broken bones can happen, even at lower speeds. There is little to protect you from other motor vehicles, the road, and stationary objects such as trees or streetlights.
Road Rash
If a motorcycle accident occurs with a rider who is not wearing protective clothing, it can leave painful abrasions. Known as road rash, this condition occurs when skin is scraped on the pavement at a high rate of speed. You do not need to be traveling on the interstate to wind up with road rash in your motorcycle accident. Prompt medical care is needed to prevent this type of wound from becoming infected.
Internal Injuries
Internal bleeding is one of the more severe injuries that can arise from motorcycle accidents. The scariest thing about these types of injuries is that they often do not have symptoms in the hours or days following a motorcycle accident. This is why immediate medical attention is always advised for all parties involved in motor vehicle accidents, especially for motorcyclists.
Catastrophic Injuries
Some injuries go beyond serious injuries and severe injuries, deeming them catastrophic. Often, these permanent injuries may result in a disability, loss of limbs, and ultimately, change the course of a victim’s life.
Fatal Injuries
Even the most experienced motorcyclists can be vulnerable to fatalities in a motorcycle accident. When life-threatening injuries take a turn for the worse, a motorcycle accident could claim the life of someone you love. Let a Buffalo motorcycle accident attorney take over the legal process on your behalf and help you fight for the closure and compensation you deserve after this traumatic event.
What Causes Buffalo Motorcycle Accidents?
Our Buffalo motorcycle accident lawyers have represented many injured motorcyclists who have suffered serious injuries. One thing that we have noticed is that when motorcycle accidents happen, it is usually due to human error.
Here is a look at what causes most Buffalo motorcycle accidents:
Distracted Driving
Distracted driving remains one of the top causes of all automobile accidents, especially motorcycle accidents. Drivers who are not fully focused on the task of driving are much more likely to cause a crash.
Distractions can be visual, manual, or cognitive with visual distractions causing drivers to look elsewhere instead of the road. Manual distractions are any action a driver takes that causes them to take one or both hands off the wheel, and cognitive distractions are those that pull the mind from the task of driving.
Common distractions include texting while driving, talking to passengers in the vehicle, staring at objects on the side of the road, eating or drinking, applying makeup, shaving, changing the music on the stereo, reaching for an item in the backseat or on the floor, or daydreaming.
Drunk Driving
Drunk drivers are another major cause of Buffalo motorcycle accidents. It is even more infuriating with the availability of rideshare options. When someone is intoxicated behind the wheel, they are more prone to making reckless decisions and can be too slow to react to a change in traffic conditions. Often, those driving intoxicated do not notice motorcyclists until it is too late, leading to tragic outcomes.
Failure to Obey Traffic Laws
When drivers fail to follow the rules of the road, they put all motorists in danger, especially any nearby motorcyclists. They may run a stop sign or red light, causing a horrific motorcycle accident.
In scenarios where motorists must yield the right of way, they may also miss a motorcyclist because of the small size of motorcycles compared to passenger vehicles. This error in driver judgment has caused many Buffalo motorcycle accidents.
Speeding
Speeding is often a factor in a motorcycle crash. Increased speeds reduce a driver’s reaction time and increase the potential damage in an accident. Speeding is often paired with other traffic infractions like distracted driving and failing to obey traffic laws.
Hazardous Conditions on the Road
Some hazardous road conditions cannot be controlled, such as the weather. Others, like potholes or confusing signage, should be maintained by the city or local government entities. Conditions that are dangerous for all motorists may additionally arise when someone fails to secure their load, dropping objects into traffic lanes that can lead a driver or motorcyclist to crash.
While weather is not under anyone’s control, all drivers and motorcyclists must adjust their driving to the conditions of the road. If another driver speeds through rain, snow, ice, or fog and causes a motorcycle accident that leads to serious injuries, they will likely be liable for the damages.
No matter what caused your motorcycle accident, you should not speak to the insurance company until you talk to our Buffalo motorcycle accident lawyers. Let Mazzu Law provide the legal guidance you need to help you get the compensation you deserve.
Motorcycle Safety Tips to Help Prevent Motorcycle Collisions
There are no guarantees that you can completely avoid a personal injury scenario when riding your motorcycle. It is impossible to control other motorists, though certain actions that you take can provide greater protection and may even help you avoid a motorcycle accident.
Always Wear Your Helmet
Remember, the law requires every person on a motorcycle to wear a helmet. You can choose a full-face helmet or a three-quarter style helmet with a face shield or goggles.
Consider Other Protective Gear
While DOT-approved motorcycle helmets are required, there are no laws stating that you must wear other forms of protective gear. However, these additional items can provide greater protection in the event of a motorcycle crash. Choose clothing that covers your arms and legs and protects your eyes from dirt, dust, and debris to see clearly while riding.
Make Yourself More Visible
When choosing protective gear, pick colors that are bright or have reflective materials. This will help you stand out to other motorists. Additionally, try to make eye contact before making turns, use your turn signals, and keep out of a vehicle’s blind spot.
Drive Defensively
Defensive driving presumes that other motorists do not see you, which may lead to a motorcycle accident. Keep a safe distance when following other vehicles and anticipate the unexpected. It can help to sign up for a motorcycle safety course, even if you have been riding motorcycles for years.
Maintain Your Motorcycle
If you are an enthusiast who knows how to do the work on your motorcycle, make sure to keep it maintained. If not, make sure you have it serviced by a professional at regular intervals. In between maintenance, take a look at your tires and make sure the other parts of your bike are in proper working order.
Stay Sober on the Road
Never get on your motorcycle after consuming alcohol. Even if you are below the legal limit and do not cause the accident, the insurance company will try to blame you.
If you or a loved one were in a motorcycle accident, contact our Buffalo motorcycle accident lawyers to discuss your case today.
How Do You Prove Fault in a Buffalo Motorcycle Accident?
Suffering a personal injury in a motorcycle accident has a few challenges. To have a valid personal injury claim, you need to prove that the other party was negligent in their behavior. You should protect your legal rights with a personal injury lawyer who will step in using their wealth of knowledge and experience to prove fault in your Buffalo motorcycle accident.
Since New York is a no-fault state, when you carry insurance, it is solely to cover your own injuries in an accident. However, sustaining serious injuries can qualify you to step out of the no-fault system and pursue a lawsuit against the at-fault party.
New York also uses a pure comparative negligence model that allows for sharing blame in a car accident or another type of crash. In some states, you must be less than 50% at fault to be permitted to seek compensation, though New York allows you to be up to 99% at fault.
The amount of your compensation award will be reduced by any assigned percentage of fault, and when it comes to motorcycle accidents, our Buffalo motorcycle accident lawyers have seen first-hand how insurers try to maximize the blame for victims.
With an experienced motorcycle accident lawyer from Mazzu Law, you will have the legal representation you need to fight the insurance companies. A personal injury lawyer will investigate and get the evidence you need, even if you were too seriously injured to get it from the accident scene.
When you have a motorcycle accident claim, you need to show photos, videos, medical records of your life-threatening injuries, the police report, and witness statements. All of these things can go a long way in showing that the defendant owed you a duty of care, that they breached this duty and caused your accident, leaving you injured and with financial losses as a result.
The Importance of Hiring Buffalo Motorcycle Accident Lawyers After a Motorcycle Crash
At Mazzu Law, our motorcycle accident lawyers know the tactics that insurance companies use. Insurance agents are well-trained to abide by these practices, sounding concerned for your well-being while asking leading questions to try to get something to use against you.
As you are trying to recover from your painful injuries that someone else caused you to suffer, they are plotting ways to keep from paying your settlement. Since they view motorcyclists as riskier coverages, they will do anything they can to minimize payouts or even deny them completely.
You need an experienced Buffalo motorcycle accident attorney to help you much in the same way you would need a car accident lawyer after a car crash. Here is what an attorney can do for you:
Handle All Aspects of Your Case
After suffering injuries, it may be difficult to take care of daily tasks, let alone try to handle a car accident or motorcycle claim. Our attorneys take over all the contact for the insurance companies and speak to them on your behalf.
Investigate and Gather Evidence
You may have woken up in a hospital room with little memory of what happened to you. Most motorcyclists sustain serious and debilitating injuries, making it impossible for them to take photos or videos at the scene, or even speak to witnesses. Our attorneys will step right in and begin investigating how your accident occurred.
We will hire expert witnesses to reconstruct the accident, obtain surveillance and traffic camera footage, and get in touch with eyewitnesses for their statements. We will pull all records of your medical treatment and have experts testify about the costs for your future care to fight for every dollar that you deserve.
Negotiate with the Insurers
At Mazzu Law, our lawyers also know how to determine the full worth of your case. We will analyze your medical expenses, including all medical bills, lost wages, property damage, and other out-of-pocket expenses. We will also calculate your non-economic losses such as your pain and suffering, and loss of enjoyment of life for being rendered unable to participate in the activities you once loved to get you what is fair.
Go to Trial
Even though most cases can be settled fairly out of court, some may reach no agreement. From the start, the lawyers at Mazzu Law are ready to go to court and fight for you in front of a judge and jury to see justice served.
Steps to Take If You are Hurt in a Buffalo Motorcycle Accident
Every driver and motorcyclist should know exactly what steps they should take if they are ever in an accident. Taking the following steps can protect your safety as well as your rights following a motorcycle accident:
Get Out of the Road
If you can get up on your own, move out of traffic lanes to protect yourself. Other motorists may not see you and you could wind up with additional injuries.
Call the Police
When you are in a safe place on the side of the road, call 911 and have police officers dispatched to the scene. Officers will arrive and assess the situation, filling out a police report that details what they believe to have happened. They may issue a citation to the other driver for failing to stop, speeding, or another moving violation. This will be noted on the report and may be useful in proving their fault and liability.
Get Immediate Medical Attention
Any motorcyclist that gets into an accident should seek medical treatment right away. The injuries you sustain may not be visible on the outside, and the adrenaline surge caused by this incident may mask any symptoms. Some people worry about the medical bills they may receive, though your insurance will cover it up to the limits of your policy. In the event you have endured injuries that are severe, you will have the right to pursue a lawsuit with the at-fault party.
Gather the Evidence
Put your health and safety first. If you cannot take photos or videos or gather contact information from the witnesses, your lawyer will do that for you. You can organize other pieces of evidence when you have stabilized, such as pay stubs to prove your lost wages, all your expenses from the hospital, and any other costs you have incurred.
You can also keep a journal of your recovery that details how your injuries have impacted your life. By documenting how you are feeling along with making sure you attend your medical appointments, you will have more valuable evidence to present in your case.
Do Not Talk About Your Motorcycle Accident
If you are alert at the scene of the accident, do not make the mistake of saying the wrong things to the other party. You may not realize what took place before impact, and it might not be your fault in the slightest. Saying that you are sorry to the other person out of politeness may cost you dearly and cause you to be blamed.
Additionally, do not post about your motorcycle accident online or speak of it to anyone except for your lawyer while your case is open. The defendant’s insurer and their attorneys will be sifting through everything they can to find anything to use against you.
Accept a Free Consultation with a Buffalo Motorcycle Accident Attorney
Your world has been turned upside down and you may be faced with life-altering injuries that can rob you of your joy in your career and your hobbies, including riding your motorcycle. Motorcyclists who try to represent themselves in making their claims often find they are either offered too little to cover their expenses or that their claims are completely denied.
You should be focused on following the treatments that your doctors have prescribed and doing everything you can to return your life to as normal as possible. If you are busy getting the runaround and blame from the insurers, that will be difficult to do. Mazzu Law takes over every aspect of your case with comprehensive legal support from the start. Contact us today to set up a free initial consultation and learn more about how we can help you recover fair compensation.