Long Island, New York (NewYorkInjuryNews.com) — Out of all the types of roadway accidents, motorcycle accidents can be particularly devastating. There are naturally higher risks of injury when on is on an unprotected motorcycle. A motorcycle is also smaller than a car and has less built in safety mechanisms (i.e. seat belts, front and side airbags) and, therefore its ability to absorb the impact of a force is much less than compared to a truck or car. If you or someone you know is involved in a motorcycle accident, it is important to immediately consult attorneys. Time is of the essence when it comes to litigating motorcycle accident cases. Here is an example of a real case that involves a motorcycle accident.
“John” and his co-worker “Fred” are passionate about motorcycles. They often took weekend trips together -sometimes up to Bear Mountain, sometimes to Connecticut. One day, they decided to drive their bikes to work to attend an Italian sports car show during their lunch hour. The show was being held at an Armory on 26th Street in Manhattan. However, a tragedy ensued involving John.
While driving on 57th Street, a car operated by “Clara” exited a parking garage on the south side of the street to make a left turn. However a U-Haul truck was illegally parked and created a sight-line obstruction for her. When she pulled out into the street, she placed herself directly in front of the John’s motorcycle.
John began to brake. A single rear tire skid mark of 32 feet was left on the pavement as a result of his attempt to stop in time. After impacting Clara’s car, John and his motorcycle were thrown an additional 55 feet to its final resting position on the pavement.
John had amnesia from the accident, which prevented him from recalling any of the circumstances of his accident. During the course of the litigation the circumstances of the accident were proven through Clara and an eyewitness.
The speed limit was 30 mph. The dispute at John’s trial to recover damages was whether he was driving 30 to 35 miles per hour as Fred claimed. The defendants’ accident reconstruction expert tried to prove that John was moving at a rate closer to 54 miles per hour – however, this expert also admitted on the stand that he had received an astonishing $90,000 for his investigative services and testimony.
John sustained paraplegia and lost all sensory and motor function from the waist down and multiple fractures of major bones throughout his body. Defendants did not contest the nature and extent of the injuries. The jury ruled against Clara and the car rental company as the issue of liability. As a result the defendant and the rental insurance company settled.
Expert Panel Contributor: Christoper McGrath – New York City Motor Vehicle Accident Lawyer – Partner of New York, New Jersey, Long Island Trial Law Firm Sullivan Papain Block McGrath & Cannavo PC
