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Motorcycle Collision Lawyer

At Rosenthal Kooshoian & Lennon, LLP, we understand that motorcycle collisions can have devastating consequences for riders and their families. Located in the heart of Buffalo, NY, we are committed to providing compassionate and knowledgeable legal support to those affected by motorcycle collisions. Our team of motorcycle collision lawyers is dedicated to helping you navigate the complexities of personal injury claims and ensuring you receive the compensation you deserve.

Contact Rosenthal Kooshoian & Lennon, LLP today for help with your motorcycle collision case.

Understanding Motorcycle Collisions

Motorcycle collisions can occur for various reasons, including reckless driving, poor road conditions, and vehicle malfunctions. In Buffalo, where traffic can be heavy, the risk of motorcycle crashes increase, particularly in busy areas like Elmwood Village and the Buffalo Waterfront. Whether you are a seasoned rider or a novice, it is crucial to understand your rights and the legal options available to you after a collision.

Difference Between Motorcycle Collisions and Motorcycle Accidents

Understanding the terminology related to motorcycle incidents is essential for riders and their families. While often used interchangeably, "motorcycle collisions" and "motorcycle accidents" can refer to different aspects of these unfortunate events.

Definition of Motorcycle Collisions

A motorcycle collision specifically refers to an event where a motorcycle physically interacts with another vehicle, object, or person. This term emphasizes the point of impact and often involves discussions around fault, liability, and the circumstances leading to the collision. For example, a motorcycle colliding with a car at a busy intersection in downtown Buffalo illustrates a clear collision scenario.

Definition of Motorcycle Accidents

On the other hand, a motorcycle accident encompasses a broader range of incidents involving motorcycles. This term can include collisions, but it also refers to situations where a rider may lose control without another vehicle being involved, such as slipping on wet roads or hitting a pothole. For instance, if a rider loses balance while navigating a curve in Chestnut Ridge Park, it would be classified as a motorcycle accident rather than a collision.

Key Differences

  1. Scope:
    • Collisions focus on the interaction between vehicles.
    • Accidents include all types of incidents involving motorcycles, even those without another party.
  2. Liability:
    • In a collision, determining fault is often more straightforward, as the actions of other drivers are typically involved.
    • In accidents, establishing liability can be more complex, particularly if no other vehicles are involved.
  3. Legal Implications:
    • Legal claims for collisions often hinge on proving negligence or recklessness of another driver.
    • Claims arising from accidents may involve assessing road conditions or equipment failure, which can complicate the legal process.

Understanding these distinctions can help riders and their families navigate the aftermath of an event and seek appropriate legal representation. If you've experienced a motorcycle collision or accident, consulting a motorcycle accident lawyer can provide clarity and support in pursuing your case.

Common Causes of Motorcycle Collisions

Motorcycle Collision Lawyer

Motorcycle collisions can occur for a variety of reasons, often resulting from the actions of other drivers or environmental factors. Being aware of these common causes is essential for motorcyclists to enhance their safety on the road.

Distracted Driving

One of the leading causes of motorcycle collisions is distracted driving. Many drivers engage in activities that divert their attention from the road, such as texting, talking on their phones, or adjusting their radios. In bustling areas of Buffalo, such as near the Buffalo Niagara Medical Campus, the risk of a driver not noticing a motorcyclist increases significantly, leading to potential collisions.

Driving Under the Influence

Driving under the influence of alcohol or drugs severely impairs a driver's reaction time and decision-making abilities. This is particularly dangerous for motorcyclists, who are more vulnerable to serious injuries during collisions. Buffalo's nightlife can contribute to a higher incidence of impaired driving, putting riders at risk, especially during late-night hours.

Failure to Yield

Many motorcycle collisions occur when drivers fail to yield the right of way. This is especially common at intersections where a driver may make a left turn in front of an oncoming motorcycle. In busy parts of Buffalo, such as Main Street, the confusion of busy intersections can lead to tragic outcomes for riders if drivers do not properly assess oncoming traffic.

Lane Changes Without Checking Blind Spots

Motorcyclists are smaller and less visible than cars, making them easy to overlook. Drivers who change lanes without checking their blind spots may not see an approaching motorcycle, leading to dangerous collisions. This is particularly prevalent in heavy traffic situations, where drivers may be more focused on other vehicles than on their surroundings.

Poor Road Conditions

Road conditions can significantly impact motorcycle safety. Potholes, debris, and uneven surfaces can cause riders to lose control, leading to collisions. In Buffalo, where winter weather can create hazardous road conditions, it is essential for both riders and drivers to be cautious and aware of the road's state.

Weather Conditions

Adverse weather conditions, such as rain, snow, or fog, can lead to reduced visibility and slippery roads. Motorcyclists are particularly affected by these conditions, as their bikes are more susceptible to losing traction. Drivers may also be less vigilant in inclement weather, increasing the risk of collisions with motorcycles.

Inexperienced Riders

Inexperience can also play a significant role in motorcycle collisions. New riders may not have the skills or knowledge to navigate complex traffic scenarios safely. They might misjudge distances, speeds, or their own capabilities, leading to potentially dangerous situations. Proper training and experience are crucial for enhancing safety.

Aggressive Driving

Aggressive driving behaviors, such as speeding or tailgating, can increase the likelihood of collisions with motorcycles. Drivers who are impatient or reckless may not give motorcyclists the space they need to operate safely. In urban areas like Buffalo, where traffic can be congested, aggressive driving can lead to serious collisions.

By understanding these common causes of motorcycle collisions, riders can take proactive steps to enhance their safety and reduce their risk of being involved in an accident. Awareness and defensive riding practices are essential for navigating the roads safely.

Common Injuries from Motorcycle Collisions

Motorcycle collisions often result in serious injuries due to the vulnerability of riders compared to those in enclosed vehicles. Understanding the common injuries associated with motorcycle collisions can help riders take preventive measures and prepare for potential legal claims. Here are some of the most frequently encountered injuries:

1. Head Injuries

Head injuries are among the most severe consequences of motorcycle collisions. Even with a helmet, riders can suffer from:

  • Concussions: A sudden impact can cause the brain to move within the skull, leading to confusion, dizziness, and memory loss.
  • Traumatic Brain Injuries (TBIs): More severe than concussions, TBIs can result in long-term cognitive and physical impairments.

2. Fractures

Fractures are common in motorcycle collisions due to the force of impact. Common types include:

  • Arm and Wrist Fractures: Riders often extend their arms during a fall, leading to fractures in the humerus, radius, or ulna.
  • Leg and Ankle Fractures: Impact with the ground or other vehicles frequently results in broken bones in the lower limbs.

3. Road Rash

Road rash occurs when a rider slides along the pavement after a collision, resulting in:

  • Skin Abrasions: These can range from mild scrapes to severe wounds that may require skin grafts.
  • Infection Risks: Open wounds are susceptible to infection, complicating recovery.

4. Spinal Cord Injuries

Spinal cord injuries can have life-altering consequences, including:

  • Paralysis: Damage to the spinal cord may result in partial or complete paralysis, affecting mobility and independence.
  • Chronic Pain: Injuries to the spine can lead to ongoing pain and discomfort, significantly impacting quality of life.

5. Internal Injuries

Motorcycle collisions can also cause internal injuries, which may not be immediately apparent. Examples include:

  • Organ Damage: Blunt force trauma can damage vital organs such as the liver, spleen, or kidneys.
  • Internal Bleeding: This can be life-threatening and requires immediate medical attention.

6. Soft Tissue Injuries

Soft tissue injuries encompass a range of conditions, including:

  • Sprains and Strains: Muscles and ligaments can be stretched or torn during a collision, leading to pain and limited mobility.
  • Contusions: Bruises from impacts can cause swelling and discomfort.

7. Emotional and Psychological Injuries

In addition to physical injuries, motorcycle collisions can lead to emotional and psychological challenges. Common issues include:

  • Post-Traumatic Stress Disorder (PTSD): Survivors may experience anxiety, flashbacks, or nightmares related to the accident.
  • Depression: The impact of injuries and lifestyle changes can lead to feelings of sadness and hopelessness.

Motorcycle collisions can result in a wide array of injuries, many of which require extensive treatment and recovery. Understanding these common injuries can help motorcycle riders take precautions and prepare for the potential consequences of a collision. If you or a loved one has been involved in a motorcycle collision, consulting with a motorcycle collision lawyer can provide guidance on navigating the legal process and seeking fair compensation for your injuries. At Rosenthal Kooshoian & Lennon, LLP, we are committed to supporting you through this challenging time.

Who Is Responsible for Damages and Injuries?

Determining responsibility for damages and injuries from a motorcycle collision is crucial for pursuing maximum compensation. Here’s a concise breakdown of potential liable parties:

1. Other Drivers

Other drivers are often primarily responsible for collisions due to:

  • Negligent Driving: Violating traffic laws, such as running red lights.
  • Distracted Driving: Failing to see motorcyclists due to texting or other distractions.
  • Driving Under the Influence: Impaired drivers pose significant risks to motorcyclists.

2. Motorcyclist

Motorcyclists can share responsibility, potentially due to:

  • Reckless Riding: Engaging in dangerous behaviors like speeding or weaving.
  • Failure to Wear Protective Gear: Not using helmets or safety gear can influence liability.

3. Vehicle Manufacturers

Manufacturers may be liable if a defect contributes to the collision, such as:

  • Defective Brakes: Brake failures due to manufacturing issues.
  • Poor Design: Inherent safety flaws in the vehicle design.

4. Road Authorities

Local or state governments may be accountable for:

  • Negligent Road Maintenance: Potholes or debris creating hazardous conditions.
  • Failure to Address Known Hazards: Not correcting known safety issues.

5. Insurance Companies

Insurance companies, while not directly liable, play a key role by:

  • Negotiating Settlements: Assessing collision details and negotiating with motorcycle collision victims.
  • Defending Policyholders: Representing at-fault drivers, impacting compensation discussions.

Establishing liability in motorcycle collisions involves analyzing multiple parties' actions. Consulting with a motorcycle collision lawyer can clarify these issues and guide you through the legal process to seek compensation. At Rosenthal Kooshoian & Lennon, LLP, we are dedicated to advocating for your rights and providing the support you need.

The Importance of Legal Representation

If you or a loved one has been involved in a motorcycle collision, securing qualified legal representation is crucial. A motorcycle collision lawyer can significantly influence the outcome of your case, ensuring that your rights are protected and that you receive the compensation you deserve. At Rosenthal Kooshoian & Lennon, LLP, we are dedicated to advocating for your interests and guiding you through the often complicated legal process.

What a Motorcycle Collision Lawyer Does

A motorcycle collision lawyer serves as your ally and advocate in the aftermath of a collision. Here’s a closer look at the key responsibilities we undertake to assist you:

Evaluate Your Case

The first step in our process is to thoroughly evaluate your case. Our team of motorcycle collision lawyers will assess all circumstances surrounding the collision, including the details of the collision, the extent of your injuries, and any potential liabilities. This evaluation helps us determine who may be at fault and the possible compensation you could pursue, whether it's for medical expenses, lost wages, or pain and suffering.

Gather Evidence

Collecting evidence is a vital part of building a strong case. Our team of motorcycle collision lawyers will gather all necessary documentation, which may include:

  • Police Reports: Official reports can provide crucial details about the collision and establish fault.
  • Medical Records: These documents outline your motorcycle injuries and treatment, helping to substantiate your motorcycle collision claims for damages.
  • Witness Statements: Eyewitness accounts can provide additional perspectives on the collision, reinforcing your case.

Thorough evidence collection is essential for demonstrating the impact of the collision on your life and securing the compensation you deserve.

Negotiate with Insurance Companies

Dealing with insurance companies can be one of the most challenging aspects of the aftermath of a motorcycle collision. Insurance adjusters often aim to minimize payouts, which can leave victims of motorcycle collision undercompensated for their injuries and losses. Our firm will negotiate on your behalf, leveraging our knowledge of personal injury law and our understanding of local regulations to advocate for a fair settlement. We will ensure that the insurance company recognizes the full extent of your damages, including both current and future expenses.

Represent You in Court

If negotiations do not result in a satisfactory settlement, we are prepared to take your case to court. Our motorcycle collision lawyers have experience in litigating motorcycle collision cases, and we will represent your interests vigorously. We understand the nuances of courtroom procedures and will build a compelling case to present before a judge or jury. Our goal is to achieve the best possible outcome for you, whether through a settlement or a court verdict.

Alleviating Stress and Providing Clarity

The complexities of personal injury law can be overwhelming, particularly when you are recovering from a traumatic event. Navigating legal proceedings, dealing with insurance companies, and managing medical appointments can add significant stress to an already challenging situation. Having a dedicated motorcycle collision lawyer by your side can help alleviate this burden. We provide clarity throughout the process, explaining your options and keeping you informed every step of the way.

At Rosenthal Kooshoian & Lennon, LLP, we are committed to supporting you during this difficult time. Our experienced motorcycle collision lawyers will work tirelessly to ensure that your rights are upheld and that you receive the compensation you need to move forward with your life after a motorcycle collision. Don’t hesitate to reach out for the legal representation you deserve.

How to File a Motorcycle Collision Lawsuit

Filing a motorcycle collision lawsuit can be a complex process, but understanding the steps involved can help you navigate it more effectively. At Rosenthal Kooshoian & Lennon, LLP, we are here to guide you through each stage, ensuring that your rights are protected and that you pursue the compensation you deserve.

Step 1: Seek Medical Attention

The first and most critical step after a motorcycle collision is to seek medical attention. Your health and safety should always be the top priority. Even if you believe your injuries are minor, it’s essential to have a medical professional evaluate your condition. Documenting your injuries will also be crucial for your motorcycle accident lawsuit.

Step 2: Gather Evidence

Collecting evidence is vital for building a strong case. This may include:

  • Police Reports: Obtain a copy of the accident report, as it will contain important details about the incident.
  • Photographs: Take photos of the accident scene, your motorcycle, and any visible injuries. These images can provide valuable context for your case.
  • Witness Statements: If there were witnesses to the collision, gather their contact information and statements. Eyewitness accounts can strengthen your claim.

Step 3: Consult a Motorcycle Collision Lawyer

Consulting with a qualified motorcycle collision lawyer is a crucial step. At Rosenthal Kooshoian & Lennon, LLP, we will evaluate your case, discuss your options, and help you understand the potential compensation you may be entitled to. We can provide guidance on the complexities of the legal process and help alleviate the stress associated with filing a lawsuit.

Step 4: File a Claim with Insurance Companies

Before filing a lawsuit, it's often advisable to file a claim with the at-fault party's insurance company. Your motorcycle collision lawyer can assist you in this process, ensuring that you present all necessary documentation and evidence. Be cautious when dealing with insurance adjusters, as they may attempt to minimize your claim. Having legal representation can help protect your interests during negotiations.

Step 5: Prepare and File the Lawsuit

If a fair settlement cannot be reached through negotiations, your motorcycle collision lawyer will help you prepare and file a formal lawsuit. This process includes:

  • Drafting the Complaint: Your motorcycle collision lawyer will draft a legal complaint outlining your case, the responsible parties involved, and the damages you seek.
  • Filing the Complaint: The complaint must be filed with the appropriate court, and the defendant must be officially served with the lawsuit.

Step 6: Negotiate a Settlement

Before the case goes to trial, there may be opportunities for settlement negotiations. Your motorcycle collision lawyer will advocate on your behalf, aiming to secure a fair settlement that meets your needs. Many cases are resolved through settlement discussions, avoiding the need for a lengthy trial.

Step 7: Go to Trial (if necessary)

If a settlement cannot be reached, your case may proceed to trial. During the trial, both sides will present their arguments and evidence. Your motorcycle collision lawyer will represent you in court, working to demonstrate liability and the extent of your damages. The judge or jury will then make a decision regarding your case.

Filing a motorcycle collision lawsuit requires careful preparation and a thorough understanding of the legal process. By following these steps and working with an experienced motorcycle collision lawyer, you can navigate the complexities of your case with confidence. At Rosenthal Kooshoian & Lennon, LLP, we are dedicated to supporting you throughout this journey, ensuring that your rights are protected every step of the way. If you've been involved in a motorcycle collision, contact us today to discuss your case and explore your legal options.

Compensation You May Be Entitled To

If you have been involved in a motorcycle collision, understanding the types of compensation you may be entitled to is crucial for your recovery. At Rosenthal Kooshoian & Lennon, LLP, we are committed to helping you seek the full range of damages available under the law. Here are the primary categories of compensation you may pursue:

Medical Expenses

One of the most significant areas of compensation relates to medical expenses. Motorcycle collisions often result in serious injuries that require extensive medical treatment. You may be entitled to compensation for:

  • Emergency Room Visits: Immediate care following a collision can be costly, and you should not bear this financial burden alone.
  • Hospitalization Costs: If the injuries require a hospital stay, all associated costs, including room charges and treatments, can be included in your claim.
  • Rehabilitation and Therapy: Physical therapy or rehabilitation services are often necessary for recovery. These costs can be substantial, especially if long-term care is needed.
  • Future Medical Expenses: If your injuries will require ongoing treatment, you may also claim future medical expenses as part of your compensation.

Lost Wages

Injuries from motorcycle collisions can prevent you from working, leading to lost income. You may be entitled to compensation for:

  • Past Lost Wages: This includes the income you lost during your recovery period.
  • Future Lost Earnings: If your injuries impact your ability to work in the future, you may also seek compensation for potential lost earnings over time.

Pain and Suffering

Compensation for pain and suffering accounts for the physical and emotional distress you experience as a result of the collision. This can include:

  • Physical Pain: The discomfort and pain associated with injuries can be substantial and long-lasting.
  • Emotional Distress: Anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident may also be considered in your claim.

Property Damage

In addition to medical expenses and lost wages, you may be entitled to compensation for property damage. This typically includes:

  • Motorcycle Repairs: Costs associated with repairing your motorcycle or the total loss value if it is deemed a total loss.
  • Personal Property: Compensation for any personal items damaged in the collision, such as helmets, clothing, or electronics.

Other Possible Damages

Depending on the specifics of your case, you may also qualify for other forms of compensation, including:

  • Loss of Consortium: This non-economic damage refers to compensation for the impact of your injuries on your relationship with your spouse or family members.
  • Punitive Damages: In cases where the other party acted with extreme negligence or malice, you may seek punitive damages intended to punish the wrongdoer and deter similar behavior in the future.

Understanding the types of compensation available can empower you to pursue the justice you deserve after a motorcycle collision. At Rosenthal Kooshoian & Lennon, LLP, we are here to guide you through the process and ensure that all aspects of your damages are considered. If you have been involved in a motorcycle collision, don’t hesitate to contact us for a consultation to discuss your case and the compensation you may be entitled to.

Motorcycle Collision Cases in Buffalo

Motorcycle collisions in Buffalo can lead to severe injuries and significant financial burdens for victims. Understanding real cases can provide insight into the challenges faced by motorcyclists and the potential outcomes of legal actions. Here are a few notable motorcycle collision cases in Buffalo, highlighting the complexities and settlement amounts involved.

Case 1: Smith v. Johnson

In 2021, a motorcyclist named John Smith was struck by a car while navigating a busy intersection in downtown Buffalo. The driver failed to yield while making a left turn, resulting in a significant collision. Smith sustained multiple fractures and required extensive medical treatment, including surgery and rehabilitation.

Settlement Amount: After filing a lawsuit, Smith was awarded $250,000 in damages. This amount covered his medical expenses, lost wages, and compensation for pain and suffering.

Case 2: Brown v. Delgado

In 2022, a motorcyclist, Emily Brown, was involved in a collision with a pickup truck that ran a stop sign in a residential area of Buffalo. The impact was severe, causing Brown to be thrown from her motorcycle. She suffered a broken arm and multiple contusions, necessitating surgery and months of physical therapy.

Settlement Amount: After negotiating with the truck driver’s insurance company, Brown secured a settlement of $225,000. This amount addressed her medical bills, lost income during recovery, and compensation for her pain and suffering.

Case 3: Thompson v. Miller

In another case from 2019, David Thompson was rear-ended by a driver who was distracted while texting. The collision caused Thompson to be thrown off his motorcycle, resulting in a concussion and several soft tissue injuries.

Settlement Amount: Thompson's motorcycle collision lawyer successfully negotiated a settlement of $200,000 with the driver’s insurance company, which included compensation for his medical bills, therapy sessions, and pain and suffering.

Case 4: Jones v. Doe

This case involved an unidentified driver who fled the scene after colliding with a motorcycle driven by Lisa Jones. Despite the challenges of pursuing a hit-and-run case, Jones managed to gather sufficient evidence, including witness statements and traffic camera footage.

Settlement Amount: After a lengthy legal battle, Jones was able to secure a settlement of $300,000 from her own uninsured motorist policy, which covered her medical expenses and other damages resulting from the collision.

Call Us Today

These cases illustrate the varying circumstances surrounding motorcycle collisions in Buffalo and the potential for significant compensation. Each case underscores the importance of having competent legal representation to navigate the complexities of personal injury claims. If you find yourself or a loved one in a similar situation, contacting a motorcycle collision lawyer can help ensure that your rights are protected and that you receive the compensation you deserve. At Rosenthal Kooshoian & Lennon, LLP, we are here to support you through the legal process and advocate for your interests.

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