Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.
Written by The Barnes Firm, reviewed by Richard Barnes
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Rich Barnes
President
Motorcycle accidents can change a person’s life in an instant. Riders have very little protection when a negligent driver, unsafe road condition, or reckless motorist causes a crash. A collision that may leave a car occupant with minor damage can leave a motorcyclist facing broken bones, spinal injuries, traumatic brain injuries, road rash, surgeries, long-term rehabilitation, and time away from work.
If you or someone you love was injured in a motorcycle crash in Buffalo, you may be dealing with pain, medical bills, insurance adjusters, lost income, and questions about what comes next. A Buffalo motorcycle accident lawyer at The Barnes Firm can help you understand your rights, investigate what happened, and fight for the compensation you deserve.
At The Barnes Firm, our personal injury attorneys know how devastating motorcycle crashes can be for injured riders and their families. We stand up to insurance companies and work to hold negligent drivers and other responsible parties accountable. For a free consultation, contact us at (800) 800-0000 or online today.
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
LinkedIn Profile:Â Richard Barnes
Buffalo and the surrounding areas of Western New York can be dangerous for motorcycle riders. Heavy traffic, changing weather, potholes, busy intersections, distracted drivers, and drivers who fail to check blind spots can all create serious risks for motorcyclists. Motorcycle crashes often happen because another driver failed to see the rider or failed to respect the rider’s right of way. Unfortunately, riders are sometimes unfairly blamed after a crash, even when another person’s negligence caused the accident. Insurance companies may try to argue that the motorcyclist was speeding, weaving through traffic, or assuming unnecessary risk simply because they were riding a motorcycle.
A Buffalo motorcycle accident lawyer at The Barnes Firm can help push back against these assumptions. Your lawyer will gather evidence, speak with witnesses, review police reports, obtain medical records, consult accident reconstruction experts when necessary, and build a claim that shows how the crash happened and how your injuries have affected your life. Your attorney will handle all aspects of your case, so you can focus on recovery.
Even when motorcyclists drive safely and practice caution, accidents can still happen. Many motorcycle accidents are preventable. They often happen because another party failed to act with reasonable care. Some of the most common causes of motorcycle accidents include:
Drivers failing to yield. Many motorcycle crashes occur when a driver turns left in front of an oncoming motorcycle or pulls out of a driveway, side street, or parking lot without properly checking for riders.
Distracted driving. Texting, using a GPS, eating, adjusting music, or looking away from the road for even a few seconds can cause a driver to miss a motorcycle nearby.
Unsafe lane changes. Motorcycles are smaller than passenger vehicles and can be harder to see. Drivers who fail to check mirrors and blind spots before changing lanes can sideswipe or force riders off the road.
Speeding and aggressive driving. Speed reduces reaction time and increases the force of impact. Aggressive drivers who tailgate, weave through traffic, or cut off motorcycles can cause catastrophic crashes.
Drunk or drugged driving. Impaired drivers may drift between lanes, run red lights, fail to yield, or react too slowly to avoid a motorcyclist.
Poor road conditions. Potholes, uneven pavement, loose gravel, construction zones, missing signs, and unsafe roadway design can be especially dangerous for motorcycles.
Car doors opening into traffic. In urban areas, including busy Buffalo streets, a parked driver or passenger may open a door into a motorcyclist’s path.
No matter how your accident happened, it is important to have the crash investigated as soon as possible. Evidence can disappear quickly, road conditions can change, and witnesses may become harder to locate.
Motorcyclists do not have seatbelts, airbags, steel frames, or other protections that passenger vehicles occupants rely on. As a result, a motorcyclist is 26 times more likely to die in a traffic collision and five times more likely to be injured in a traffic collision.
Common motorcycle accident injuries include:
Some injuries are obvious right away. Others may take hours or days to fully appear. After a motorcycle crash, it is important to seek medical care as soon as possible, even if you believe your injuries are minor. Medical documentation can protect both your health and your injury claim.
All motorcycle crashes are different, and the compensation you receive will depend on the facts of your case. A motorcycle accident claim may seek compensation for the financial and personal losses caused by the crash. The value of your case depends on many factors, including the severity of your injuries, the cost of your medical care, the effect on your ability to work, the available insurance coverage, and how the crash has changed your daily life. Compensation for motorcycle accident cases may include:
In fatal motorcycle accident cases, surviving family members may be able to bring a wrongful death claim. These cases can seek compensation for losses including funeral expenses, lost financial support, and other damages.
Motorcycle accident claims in New York can be different from standard car accident cases. One important issue is New York’s no-fault insurance system. Motorcyclists are generally treated differently than occupants of passenger vehicles under New York’s no-fault rules, which can affect how medical bills and lost wages are pursued after a crash.
New York also has specific motorcycle equipment and safety requirements. Under New York Vehicle and Traffic Law § 381, motorcycle riders and passengers must comply with helmet and eye-protection requirements, and motorcycles must have required safety equipment.
Insurance companies may try to use helmet use, speed, lane position, or other facts to reduce the value of a claim. However, every case depends on the evidence. Even if an insurer argues that you were partly responsible, you may still have the right to pursue compensation. A Buffalo motorcycle accident lawyer can review the facts and explain how New York law may apply to your case.
After a motorcycle accident, the insurance company may sound helpful at first. But, insurance companies are businesses, and their goal is to pay as little as possible to the accident victim. Insurance adjusters may ask for recorded statements, request broad medical authorizations, delay communication, or offer a settlement before the full extent of your injuries is known. They may also rely on unfair stereotypes about motorcycle riders, claiming that the rider was reckless, speeding, hard to see, or responsible for the crash before fully investigating what happened.
Before accepting any settlement offer from insurance, it is important to understand the full value of your claim. Once you settle, you typically cannot go back and ask for more money later, even if your injuries get worse or you need additional medical treatment. A motorcycle accident lawyer will handle all communication with the insurance company, protect you from pressure tactics, and negotiate for a settlement that reflects the true impact of the crash.
The steps you take after a motorcycle crash can affect your health and your legal claim. If you are able, consider taking the following steps after an accident.
You should also be careful about posting on social media after a crash. Insurance companies may review your online activity and try to use photos, comments, or updates against you.
Depending on the factors of the crash, several parties may be responsible for a motorcycle accident, including:
In some cases, more than one party may share responsibility. A Buffalo motorcycle accident lawyer at The Barnes Firm will identify all possible sources of compensation and pursue claims against the responsible parties.
When you hire The Barnes Firm after a Buffalo motorcycle accident our team will handle every aspect of the legal process so you can focus on recovery. We understand how overwhelming it can be to deal with medical appointments, pain, transportation issues, missed work, and insurance calls. Our legal team will help by:
We know that every motorcycle accident case is different. Our attorneys take the time to understand how the crash has affected your health, your job, your family, and your future and will work hard to help you recover the compensation you deserve.
Motorcyclists in Buffalo face unique local hazards. Winter weather can leave roads damaged, creating potholes and uneven pavement that are especially dangerous for riders. Rain, snow, ice, and poor visibility can increase crash risks. Congested areas, highway ramps, intersections, and construction zones can also create dangerous conditions. Popular routes throughout Western New York may bring motorcycles near distracted drivers, commuters, commercial trucks, and road construction. Whether your crash happened on a city street, a residential road, a highway, or near a business, a lawyer can investigate the location and determine whether road design, poor maintenance, or another hazard contributed to the accident.
In New York State, you typically must file your personal injury claim within three years of your accident or injury discovery. If the claim is against a government entity, that timeline may be shorter. Because these deadlines can affect your right to recover compensation, it is important to speak with a motorcycle accident lawyer as soon as possible after a crash. Waiting too long can make it harder to gather evidence and may put your claim at risk.
After a motorcycle accident, you should not have to face the insurance company alone. If another person’s negligence caused your injuries, The Barnes Firm can help you understand your legal options and fight for the compensation you deserve. Our Buffalo motorcycle accident lawyers are ready to review your case, answer your questions, and explain next steps. Our attorneys operate on a contingency fee basis, and you pay nothing unless we recover compensation for you. Contact The Barnes Firm today for a free consultation with a Buffalo motorcycle accident lawyer by calling (800) 800-0000 or contacting us online.
Let our team help you move forward after a serious motorcycle crash.
If you’ve been injured in a car accident, slip and fall, construction accident, or have suffered another type of personal injury contact our team today.
Free Case Evaluation or call us: (800) 800-0000Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
Car drivers are the parties most at fault for causing motorcycle accidents. It is often due to poor driving skills. Other times, they have a complete disregard for motorcycles. To determine fault, you may need an investigation to gather the following:
This evidence will be essential for determining who is at fault, such as:
The key is to determine a breach of duty. Once you do, then the fault is easier to assess.
Motorcycle accidents happen for many reasons. The most common causes of New York motorcycle accidents are:
In New York, 2% of registered vehicles are motorcycles. However, they account for 14% of all fatalities. Nearly 100% of deaths are male drivers, 56% being riders under 35. Passenger vehicles make up 92% of all registered vehicles. In 2020, 76% of the 54,272 fatal accidents involved cars.
Most accidents occur on city streets. One of the most dangerous areas is the Hudson Valley, found in Newburgh. In a recent year, 3,827 motorcyclists suffered injuries in collisions. Several New York counties are highly susceptible to motorcycle accidents, including:
These counties accounted for 53% of all motorcycle crashes statewide. Most accidents happen during twilight or nighttime hours and during the summer. Regardless of the circumstance of the crash, you must speak to a New York motorcycle accident lawyer.
Riders are 27 times more likely to die in accidents than other motorists. While most people assume that motorcyclists are reckless and, therefore, the cause of these collisions, that is not the case. The truth is that another driver’s actions cause most motorcycle crashes. It is estimated that about 25% of collisions are the rider’s fault.
Yes, you can recover compensation for pain and suffering. These damages are available when a person suffers a severe injury. Insurance companies must look at the severity and permanency of your injuries. Emotional injuries and mental anguish are intangible losses. That makes it harder to calculate.
Motorcycle collision lawsuit lengths will vary depending on the evidence and case facts. When these cases involve multiple parties, it will take longer to resolve. When the case involves a single defendant, it can take less time. Some cases can be resolved within a few weeks, and others several months. In extreme cases, it can take a year or more.
We are always available to discuss your case. Give us a call at (800) 800-0000.
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