Does A Motorcyclist Have Grounds For A Lawsuit After Being Injured While Lane Splitting?
While lane splitting is illegal in New York, it does not prohibit a motorcyclist from receiving compensation in a lawsuit. If the accident and the subsequent injuries sustained were caused by another motorist's negligence, the injured motorcyclist may be entitled to compensation. For a motorcyclist to have a valid lawsuit after being involved in an accident that occurred while they were lane splitting, they must show they were riding carefully and that their weaving through traffic was not the cause of the accident. Motorcyclists who were injured while lane splitting may have grounds for a lawsuit if the accident was caused by any of the following:
- Roadway defects
- Another driver was under the influence
- A motorist failed to signal while changing lanes
Our New York Motorcycle Accident Lawyers Understand How To Succeed At Trial
Accidents involving motorcycles often present a unique set of challenges because many people have a bias against motorcyclists. Our experience selecting juries in such cases has led to the awareness that the jury pool will invariably have some candidates who cannot get past the stereotype of the careless motorcyclist swerving in and out of traffic. Of course, this is counter to the real-life reality that most motorcyclists are careful and responsible vehicle operators who are even more conscious of how vulnerable they are to serious injury or death. As a result, it is imperative to weed out biased persons who will not be capable of giving motorcyclists and their families a fair trial. Of course, not all cases go to trial, but it is the expertise, preparation, experience and reputation of an attorney in litigating a motorcycle accident case from beginning to end that often leads to the best possible settlement.
Our New York motorcycle accident lawyers are cutting-edge litigators with extensive expertise in handling the many and varied type of accidents that typically victimize motorcyclists, including:
Accidents caused by another driver’s inattention: these commonly include instances where other vehicles are guilty of unsafe lane changes, improper turns, unsafe passing and failure to properly yield the right of way.
Accidents involving vehicles that are not involved in the ultimate contact: in many cases, the responsible motorcyclist may be seeking to avoid contact with the careless driver and suffer a devastating contact with another vehicle or object as a result.
Accidents caused by environmental factors: some accidents may be caused in whole or in part due to a slippery roadway, a defective roadway, debris in the roadway or because of an animal that may pass onto the roadway.
Being familiar with the unique sets of facts that often accompany motorcycle accidents is an important tool for a motorcycle accident attorney. However, as previously discussed, such accidents frequently involve the most devastating types of injuries, such as brain injuries, paralysis and death. For this reason, a victim will benefit from a lawyer with experience and expertise in litigating all types of catastrophic injury cases. Litigating claims for pain and suffering, wrongful death, lost earnings and related benefits, as well as future medical or life care needs, is an art developed through years of litigation and trial experience. It may involve consulting and hiring a variety of experts, including a vast array of medical experts, economists, life care plan experts and other specialists.
Contact An Experienced New York Motorcycle Accident Lawyer
In order to maximize compensation, accident victims should hire an experienced New York motorcycle accident lawyer. A skilled attorney will pursue compensation for any damages the victim may have incurred. Typically, victims may be compensated for any lost wages suffered due to the injury, medical bills their insurance fails to cover and pain and suffering. Furthermore, when the motorcyclist's injuries prove to be fatal, their family may be able to file a wrongful death lawsuit against the negligent party. In a wrongful death lawsuit, the victim's family may be able to recover compensation for lost wages, pain and suffering before death, loss of parental guidance and loss of consortium. Our motorcycle accident attorneys have been defending the rights of accident victims for over 60 years. We understand how to prove negligence and have secured our clients numerous multi-million dollar verdicts and settlements.*
Our Attorneys Have Recouped Millions Of Dollars For Individuals Injured While Riding A Motorcycle In New York*
Our New York motorcycle accident lawyers are recognized as leaders in New York personal injury trial law. 6 of our attorneys have achieved AV Preeminent status with Martindale-Hubbell representing the highest ranking for ethical standards and legal ability. 5 of our attorneys have been included in Super Lawyers® in the New York Metropolitan Area as published in the Magazine Section of the New York Times. Our firm is listed among the Best Lawyers® in the State of New York and is listed among the Best Law Firms in the New York Metro area by US News & World Report.
How Do I Schedule A Consultation With Your New York Motorcycle Accident Lawyers?
If you or someone you love has suffered an injury due to a motorcycle accident, you may be entitled to compensation. For a free consultation with our New York motorcycle accident lawyers, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, French and Chinese.