Motorcycle Accident Lawyer NYC Representing Injured Victims of Accidents Caused by Road Hazards and Defects
New York is not known for having smooth roadways. In fact, according to nonprofit transportation research organization TRIP, many of the roads in New York provide a “rough ride” for motorists and motorcyclists alike. Poor road conditions and other road hazards are of particular concern for riders, since these issues cause a large number of motorcycle accidents. Some hazards — gravel, debris, uneven pavement, or even railroad tracks — pose little danger to a car, but can be deadly to a rider.
If you suffered serious injuries in an accident in New York caused by a road hazard, you may be able to file a personal injury claim to recover compensation. Accident Lawyers NYC of The Rybak Firm, PLLC can help. Call us today at 718-307-5554 to schedule a free consultation and case evaluation or learn more about your legal options.
What types of road hazards can cause a motorcycle accident?
Because motorcycles rely on balance, almost any road defect or hazard that disrupts the bike’s stability can cause a crash. Common problems include:
- Potholes
- Slick pavement
- Gravel or other debris on the roadway
- Uneven pavement
- Railroad tracks
- Bridge joints
- Objects in the road
Who is responsible for a road hazard?
Depending on the road, it may be the responsibility of the city, county, or state to ensure motorists are safe. The responsible government agency has a duty to keep roads and highways free from hazards, and to mitigate dangerous conditions as soon as possible.
It is important to note, however, that several agencies might share the responsibility for maintaining a roadway. In some areas, the state is responsible for repaving or filling potholes, but the city handles snow and ice removal.
Motorcycle Accident Lawyer NYC of The Rybak Firm, PLLC, can help you identify the responsible parties behind your motorcycle accident, and give you the best chance of getting the compensation you deserve.
Who is liable for motorcycle accident due to Road Hazard ?
Determining who is responsible for repairing and maintaining a roadway is often the easy part of this type of case. For example, the Department of Transportation is liable for auto accidents that occur on the highway due to road hazards. However, it is important to note that it is only liable if it knew of a dangerous condition and did nothing about it.
In many cases, the government entities in charge of roadways will use this as an opportunity to refute liability. They will say that they acted reasonably when performing their duties and therefore are not liable.
In addition, the type of hazard will affect your ability to file a personal injury claim. If you hit a pothole you may be out of luck. Under New York pothole law, the state is not responsible for any damages potholes cause between November 16 and April 30.
For this reason, it is paramount to have a knowledgeable motorcycle accident attorney on your side.
How can I prove liability in a motorcycle accident in New York ?
Personal Injury Lawyer Brooklyn NY of The Rybak Firm, PLLC., understands the high burden of proof required in these crashes, and can help you collect the evidence necessary to win your claim. Some of the most important evidence in these cases lies in previous accident reports from the same area. These reports can be the key to proving the road had poor design or maintenance.
In some cases, no previous accidents occurred in the area. However, if you are able to gather evidence, such as a hazard complaint, that proves the city or state knew about the hazard and did nothing to remedy it, you may be able to assign liability.
What type of damages are recoverable in motorcycle accident cases?
New York is a no-fault state meaning that, in most cases, accident victims would turn to their own personal injury protection to cover medical bills and lost wages. However, in New York, motorcycles do not receive personal injury protection coverage, so the only option you have is to file a claim against the entity in charge of maintaining the road.
If you are able to prove the entity was negligent, you may receive compensation to cover damages including:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Future lost income, if you cannot return to work
- Accident-related costs such as building a wheelchair ramp or modifying your home
- Ongoing care costs
- Pain and suffering
- Other emotional damages
How can Accident Lawyers NYC of The Rybak Firm, PLLC., help?
Accident Lawyers NYC of The Rybak Firm, PLLC., work with victims of motorcycle accidents in New York. We understand the dangers a road hazard can pose to our clients, and can help you hold the responsible parties liable after the accident. Call us today at 718-307-5554 for a free consultation and case evaluation, and we can begin the process of helping you get the compensation you deserve.
