Central New York Injury Lawyer Blog

Good news for motorcyclists. A bill (S. 7138) just passed the NY State Senate that would require "motorcycle awareness" training as part of the Department of Motor Vehicle's mandatory 5-hour course that all new drivers are required to take. The training would educate new drivers on how to be aware of, and share the road with, motorcyclists.

The bill, which is expected to also pass in the Assembly, be signed by the Governor, and thus to become law, was prompted by a recent upswing in motorcycle accidents in upstate New York. Oswego County has been especially hit hard - motorcycle collisions have claimed four lives in Oswego already this season, a new record.

Why the upswing in motorcycle accidents? In recent years, with the high cost of gas, more New Yorkers are giving up their four wheels for two. In Oswego, Jefferson and St. Lawrence Counties alone, for example, the number of registered motorcycles has increased 16 percent since 2007. More motorcycles usually means more motorcycle accidents. (Paradoxically, if there were many more motorcycles on the road, we would probably see FEWER motorcycle accidents. Read why here).

The bill contains a section called "justification", which announces a truth that every New York motorcycle accident lawyer knows all too well: "Motorcycle crashes often occur because of the failure of other drivers' awareness of motorcycle traffic on the road".

Motorcycle enthusiasts and support groups in New York State have already given this bill a big "thumbs up". And so does this Central and Syracuse New York motorcycle accident lawyer!

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central and Syracuse NY Motor Cycle Accident Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Monday I was scheduled to try a Seneca County NY motorcycle accident case in the Seneca County Courthouse in Waterloo. But as often happens, the case settled on the eve of trial, in this case Sunday afternoon.

Why do personal injury cases settle so late in the game, after the attorneys have put so much work into preparing for trial"? In one word, "pressure". The pressure of an upcoming trial transforms the psychology of the parties and the lawyers. The weaknesses of your own case suddenly come into focus as never before. The risks of trial loom larger. This happens on both sides. When the parties' positions are not far apart to begin with, splitting the difference suddenly seems more palatable.

Trying cases is exciting, fun and, yes, frightening, especially for the client who usually has never been to court. The cases that get tried are the ones where the parties are miles apart. Where the positions are "within firing range" of each other, the pressures of trial often lead to a settlement on the courthouse steps.

My client was happy, and relieved, with the settlement. The amount we got was almost exactly what the lawyers in my firm had predicted an average jury would give us.

One of my partners always says, "hey, you can't lose a settled case". When I told that to my client, he laughed and said, "amen".

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

The Syracuse Post Standard reports, in an article titled, "Oswego County Motorcycle Deaths Increasing", that three motorcyclists have been killed already this year in Oswego County, and we are only in April. This totals more than the full-year of motorcycle fatalities in 2008, 2009 and 2010.

Why? Warm weather has meant more bikers out earlier and, as the Post Standard notes, "drivers may not be prepared to see them".

But the warm weather is not the only factor responsible for more motorcycles on the road: high gas prices have pushed more motorists to switch to motorcycles. As a result, motorcycle registration is up all over New York State, including in Oswego County.

In the long run, more motorcycles on the road is good news for bikers. That's because there's safety in numbers. If car and truck drivers get used to seeing lots of motorcycles, they will be looking for them, and avoid colliding into them, with greater frequency.

I didn't just make up this "safety in numbers" theory. (Wish I could take credit for it). Proven examples abound, especially with regard to bicycles When the number of bicycle trips increased by 72% in Finland there was a corresponding 75% drop in the number of cyclists deaths. Another example: Between 2000 and 2008, the number of bicycle trips made in London doubled, but during the same period of time serious bicycle injuries declined by 12%. Similar studies have been conducted in other cities.

Still, motorcycles are a minority on our roads, and are likely to remain so unless and until gas prices get obscenely high -- say $10 per gallon. And their minority status is what makes them so hard for other motorists to notice. So until that 10-dollar-a-gallon day of reckoning comes, watch out for those cars, because they sure as hell ain't watchin' out for you!

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Motorcycle Accident Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Eric Turkewitz, a celebrated New York personal injury blogger, recently blogged about the case of Hastings v. Suave, in which a cow wandered from a fenced-in pasture into a road at night and caused a car to collide with it, injuring its driver. Eric noted that the Third Department (intermediate appellate court) affirmed dismissal of the case because, under a weird quirk of New York law, an owner of a domestic animal cannot be held liable for negligence in allowing his animal to escape. Rather, he can only be held liable if he knew or should have known the animal had vicious propensities. The Third Department Court was reluctant to dismiss the case, but its hand was forced by existing case law, which clearly requires a finding that the animal was vicious or at least "abnormal". As Eric points out, the law in New York does not recognize a cause of action for negligent failure to restrain a large, but passive, animal such as a cow.

Here's my personal footnote to Eric's great blog post: In upstate New york, where I practice personal injury litigation, there are lots of cows, and some of them invariably stray off into roadways. And I have settled "wandering cow" cases with insurance adjusters for significant money. I recall a case a few years ago where the cow had escaped at night because the dairy farmer had failed to mend a gap in the fence for several weeks. A car collided with the cow, causing injuries to its driver and passengers. The insurance adjuster never even challenged me on liability.

Yes, I know the law. But I also know that most insurance adjusters do not. They simply assume a farmer can be held liable for negligently failing to fence in, leash, or restrain an animal. That's because such a rule makes sense, even if it is not the rule in New york.

Am I acting unethically by presenting such a claim to an insurance adjuster? I am an advocate for my clients. While I am prohibited from filing "frivolous" lawsuits, that is, cases I know have no legal merit, nothing prohibits me from negotiating a settlement with an adjuster who doesn't bother to check out the law.

P.S. to insurance adjusters: Please do not read this blog post.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central Syracuse NY Personal Injury Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

In this balmy Central New York May, with the little snow that ever fell a distant memory, the biker's feel that call of the wild --- that desire to feel the wind in your face and hear the roar between your butt and the road. Motorcyclists all over Central New York are dusting off their bikes, revving up their motors, and checking their tire pressure.

But special dangers lurk on the roads in spring. Residual salt and sand might be found at corners, intersections and even on the main roads and highways. Stopping or turning too fast on sand can make you slide, fall, lose control or cross over into the oncoming lane.

Here's another danger: Over the long winter, those four-wheeled drivers have forgotten what a two-wheel vehicle looks like. Or at least lost the habit of looking out for them. Wise advice: Ride as if every motorist is out to murder you. Just believe it! You will thus avoid them at every opportunity, and you will be doubly happy if they turn out to have no such murderous intent.

One more piece of advice: Look out for novice bikers. With gas prices through the roof, some four-wheeled drivers will be learning to move on two --- kind of like tadpoles crawling from the pond and growing lungs, or baby robins taking their first flight. Those first few hops, or flaps, can be clumsy and --- well --- dangerous for them and those around them (you!).

In sum, when you hit the road this spring, don't let it hit you. Live on the edge -- the scared, defensive, they're-all-out-to-get-me edge--- and it just might save your life.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central and Syracuse NY Motorcycle Accident Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

New York personal injury cases can take weird twists and turns, sometimes for the better, and sometimes for the worse. Here's one that took a dramatic turn for the better, twice!

A client was badly, really badly, injured in an upstate New York car crash. But the at-fault driver (who was also the owner) of the car was insured for only $100,000, and all the evidence about him (where he lived, the type of vehicle he was driving, etc.) indicated he would have no significant assets beyond the insurance policy.

So I called my client into my office to give him the bad news: It looked like $100,000 was all that was available to compensate him for his terrible loss, including past and future medical expenses, a lifetime of lost wages, and a large dose of lifetime pain and suffering. You can't get water from a rock, and this negligent driver looked like a really, really dry rock.

But as I sat there with my client explaining this to him, a small fissure cracked open in the dry rock, and water began to gush out. Here's how: The client bitterly mentioned that the driver of that other vehicle seemed more concerned about the safety of the "bovine sperm" he was carrying in the back of his pickup than about my client's injuries at the scene. The driver actually mentioned that he was checking to see if the bovine sperm was secure. This was a glimmer of hope to me. Could this driver have been on-the-job transporting the sperm for some someone else ? If so, the employer would also be liable, and that would mean more insurance coverage.

But it seemed unlikely; the police report did not mention an employer, and the pickup truck, as depicted in the police photos, did not display any logo or company name. It was just a plain pickup truck. And the driver himself, not some corporation, owned the vehicle.

So I wrote the driver's insurance adjuster and asked her to ask the driver. And lo and behold, turns out the guy was on-the-job for a livestock sperm distribution company.

I then sued the driver and the employer. During the course of the lawsuit, I demanded to know the employer's insurance policy limits. The lawyer for the company disclosed a $1,000,000 policy. After I got several favorable rulings on the case (summary judgment on liability and on the issue that the injury was "serious"), I demanded the full $1 million policy limit (I had already gotten my client the $100,000 from the driver's policy).

Then more water began to gush out of the fissure. The lawyer wrote back saying that he had discovered an additional insurance policy for $10,000,000, which he had accidentally overlooked the first time!

Now I am drafting a truly fair settlement demand that will compensate my seriously injured New York car accident victim for every last dime he is entitled to for his past and future medical expenses, past and future lost wages, and lifetime of pain and suffering.

As I said at the outset, New York personal injury lawyers are used to strange twists and turns in our cases. But two big turns for the good in a row are as rare as they are welcomed.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

When Central New York motorcycle accident lawyers like me read about a motorcycle-on-car collision, by force of habit, we focus on fault. You can't always tell when you read the newspaper whose fault it was. But often you can. Here's a recent example.

I just read on Syracuse.com about a Minetto, New York car-on-motorcycle collision. A young motorist (18 years old) crossed over into the oncoming lane and struck a 55-year old motorcyclist on State Route 48. The motorcyclist was airlifted to Upstate Hospital in Syracuse. After hitting the biker head-on, the car crashed through a guard rail and landed in the Oswego River. The driver and his passenger were able to swim to safety.

Of course the investigation will focus on what caused this driver to veer over into the oncoming lane. Unless the driver has some very good excuse (and it is hard to imagine one, short of a swarm of bees suddenly attacking her, or the steering wheel suddenly failing), she, and the owner of the car, will be held liable for the motorcyclist's medical expenses, lost wages and pain and suffering.

On the other hand, because the driver is so young, she probably has no assets, and probably was driving with the minimal amount of liability insurance ($25,000). So the motorcyclist may have trouble getting all the compensation he will need. A good motorcycle accident lawyer will look under every rock, and in every nook and cranny, to unearth any and all insurance policies or assets available.

My guess as to why this young driver crossed over? Driver distraction. I have been blogging about this a lot recently. Cell phones, texting, and other electronic gadgetry. Those causes a lot of the crossovers these days.

It is also possible that the driver crossed over deliberately for some reason, and just failed to see the motorcycle before doing so. That's one of the big problems with motorcycles --- other motorists tend not to see them. But they are required to see them, and are at fault if they don't.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

It was a typical car-on-motorcycle collision, like so many the Central and Syracuse New York motorcycle lawyers of Michaels & Smolak have handled over the years. The car operator had a stop sign, and the biker did not. But, as often happens, the car driver did not notice the motorcyclist, and left the stop sign, violating the biker's right of way. Crash!

I am preparing for my Central New York motorcycle injury trial soon. And in motorcycle injury cases, picking a fair jury is both difficult and crucial. Why? Because many jurors want to blame the motorcycle rider for his injuries merely because he was riding a motorcycle.

The remedy for this bias? Aggressive "voir dire". What's that? That's where the lawyers get to ask prospective jurors questions to find out if they can be fair. I will ask lots of questions designed to ferret out hidden biases against motorcycles and bikers. At the same time, I will be educating the prospective jurors that New York motor vehicle accident law does not allow them to blame the biker for being on a motorcycle. They must blame only the driver who violated the rules of the road, and in this case, that was the car driver.

Some jurors might think, "gee, motorcycles are hard to see because they are so much smaller than cars. Maybe it was not the car driver's fault for failing to see the motorcyclist". I will have to explain to the jurors that this is not a proper consideration. Under New York law, a driver of any vehicle has a duty to see what's there to be seen, whether it's a Mack truck, a Harley, a mo-ped, a bicycle or a pedestrian. It's no excuse that a motorcycle is harder to see.

And there's still more biased thinking a juror can bring into the jury room! For example, some jurors tend to think, "O.K., so it was the car driver's fault, but heck, that motorcyclist would not have been so badly injured if he had been in a car". That kind of reasoning is not allowed, either! True, motorcyclists' injuries are often more serious than car operators' injuries. But a motorcycle rider is within his rights to be riding on the public highway. A car driver who violates his right-of-way is liable to him to the full extent of his injuries, no matter that he might have suffered less serious injuries if he had been in a car.

Picking a fair jury in a New York motorcycle injury case is tough --- but I'm ready!

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

You probably won't hear the advice I am about to give you from anyone else. I came up with this safety tip myself from my years of experience as a Central and Syracuse New York car accident lawyer. I will give you two simple techniques you can use to minimize your injuries if you are rear-ended. Before I give you my tips, though, let me explain why I am giving them now.

You see, I am getting more and more rear-end auto accident cases caused by distracted drivers, usually someone texting or looking down at his or her phone. I just took one in the other day. These rear-end collisions come with explosive force because the distracted driver never applies the brakes. He or she is too busy looking down at his or her phone to even notice the stopped vehicle. Further, these collisions usually don't happen at stop signs or traffic lights. They usually happen when the front vehicle is waiting to turn left into a driveway. That is an area of the roadway where the distracted driver never really expected the front vehicle to stop before he looked down at to check his calls or text his friend.

I hear you, "enough lawyer talk already, give us the tips!" OK, here is the first of my two tips: Don't wait with your steering wheel turned. Instead, keep your front wheels straight, and only turn them as you actually make your turn. Why? Because if you wait with your wheels turned, and you are rear-ended with force, your car can flip, and you will end up upside down. Not fun at all, believe me, I have been there! Two of my recent rear-ended clients got flipped. Their wheels were turned as they waited. If you keep your wheels straight as you wait, you will instead be catapulted forward, a much better deal.

Ready for tip number two? I thought so. Look in the rearview mirror while you are waiting to turn left. If you see you are going to be rear-ended, take your foot off the brake. That way your car will take the impact by rolling forward, rather than absorbing the full impact, which will translate more damage into your body.

Remember: Wheel STRAIGHT as you WAIT and get ready to lift that foot off the BRAKE (hey, it rhymes, kind of!). And when the dust has settled, come see me, your Central and Syracuse New York auto accident lawyer!

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

I don't know about you, but every time I back my car out of my driveway or in the supermarket parking lot, I worry about hidden toddlers. This could be a side affect of my job as a Central New York personal injury lawyer. But it could also be because I have read way too many reports of toddlers getting backed up over by cars, pickup trucks and SUV's. The problem is that small children are below the view of your rearview mirror.

So I was glad to come across a Bloomberg article yesterday reporting that rearview cameras with in-vehicle displays will probably be required in new cars and trucks by the year 2014. The auto industry will, of course, oppose this requirement, but hey, they also opposed requiring seatbelts and airbags in their day, and look how many lives those have saved.

I remember a story I read in the Geneva Finger Lakes Times last year where, in Geneva, New York, an uncle backed his car out of his driveway and ran over his 3 year-old nephew. After the accident, he disappeared for a few days while he contemplated suicide.

National Highway Traffic Safety Administration statistics show that vehicle back-ups kill 300 and injure 18,000 people a year in the U.S. Nearly half the deaths are of children under 5 years old. Tragically, in 70 percent of the cases, family members are responsible for the backup death or injury.

Imagine the lifetime of remorse, shame and indescribable sadness that backing up over your own child brings on.

Right now, backup cameras are available on many vehicles, but they are optional. If forcing the auto industry to equip all vehicle with this technology will save 300 lives a year, and avoid 18,000 injuries, I'm all for it.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

My father was a bone doctor. He made his living putting broken human bodies, among them motorcyclists' bodies, back together again, kind of like "all the kings' horses and all the kings men" in that Humpty Dumpty rhyme. He was a loving, gentle father, and very seldom lost his temper. But there was one thing he was extremely strict about: "Mike, you are never to get on a murdercycle (his word for "motorcycle"), and if you do, and I found out, you will be severely punished". He made me promise I would not, and I did in fact promise. He had seen too many young men, dead and living, whose bodies had been broken to pieces in motorcycle crashes.

Well, I won't tell you if I ever broke that promise (I'll "take the 5th"), but I can tell you that, as a Syracuse NY Accident lawyer, I have almost the same perception as dad did about how dangerous motorcycles are. Recently, this has hit home pretty hard. A friend's husband left her widowed, and his three small children fatherless, when he died in a Cayuga County motorcycle crash. It is heartbreaking to see her struggling alone with such young children.

Whenever I represent an injured motorcyclist, or the family of a dead cyclist, in court, I am always concerned that the jury will feel that motorcycles are dangerous, too dangerous, and will want to blame my client for riding one, even if the accident was completely the fault of the car driver. In other words, I am afraid my father will be sitting on that jury!

New York Motorcycle law is very clear about this: The jury is not allowed to blame the motorcyclist simply for riding a motorcycle. The injured motorcyclist has the same rights as any another injured motorist. Although biking is more dangerous than driving a car, everyone has a perfect right to choose to ride a motorcycle, and to assume those risks. Although the jury can apportion some fault to the motorcyclist if he was driving negligently and this contributed to the accident, the jury cannot apportion fault to him based on the simple fact that he chose to ride a motorcycle. A motorcyclist who is struck by a negligent motorist is entitled to full recovery for his or her lost wages, medical expenses and pain and suffering.

I have a motorcycle accident jury trial coming up in the spring. As a Syracuse New York motorcycle accident lawyer, I know that one of my most important tasks is to carefully screen the potential jury members (in a process known as "jury selection") about their attitude toward motorcyclists. If I sense that someone out there has anti-motorcyclist biases, I will try to get them removed from the jury panel "for cause". The jury I do select will have to promise me that they will be fair and not blame the motorcyclist for simply exercising his or her right to enjoy the thrill and pleasure of riding a bike.

Sorry dad, but you won't be on my jury!

As a Syracuse motorcycle accident lawyer, I can't help but notice all the recent Central New York motorcycle accidents reported in our local press. There's been about one every other day for the past two weeks. And the same pattern keeps repeating itself; the driver of a car or truck strikes or cuts off a bike because he just doesn't "see" it.

In a recent blog I talked about how motorcycles are invisible to other motorists, and how bikers need to adjust their driving accordingly.

Here's the facts about the latest Central New York motorcycle / motor vehicle collision: This morning a couple was injured on Route 298 (Collamer Road) at about 10:00 a.m. in the Town of DeWitt when their motorcycle was struck by a Ryder truck that pulled out of a cemetery driveway and crossed the motorcycle's lane of travel. The driver of the Ryder truck admitted to police that he "did not see the motorcycle".

For a New York motorcycle accident lawyer, that statement is precious; it proves the case. And the case is a "slam dunk" not only against the driver/renter of the Ryder truck, but also against Ryder System, Inc., the Florida corporation that owns Ryder trucks.

Why is Ryder liable? Because under New York motor vehicle accident law, the owner of a motor vehicle is vicariously liable for the negligence of the driver. They are both equally liable!

This is good news for our injured bikers because their injuries will be covered by a "deep pocket" defendant; Ryder System, Inc. Even if the Ryder truck driver has a very small auto insurance policy, the motorcyclists should be fully compensated for their lost wages, medical expenses and pain and suffering from Ryder System, inc. or its insurer. There will be plenty of money to bring full justice to these innocent, but "invisible", bikers.

The Geneva Finger Lakes Times reports that an 11 year-old Dundee girl, a passenger on her father's motorcycle, suffered a leg injury Friday when an oncoming car turned left in front of it in an attempt to enter a driveway off of Dundee-Starkey Road in the Town of Starkey, Yates County, New York. The motorist was ticketed for failure to yield the right-of-way to the oncoming motorcycle. The child was taken by Mercy-Flight to Strong Memorial Hospital in Rochester, New York.

How sad that such a young child has to have such an injury, and through no fault of her own. We hope that it is not too serious, but the fact that she was airlifted to Rochester is not a good sign.

I can tell you from my experience as a Central New York motorcycle accident lawyer that this failure-to-yield car/motorcycle collision is very, very common. I bet the driver of the car never "saw" the motorcycle. One of the big dangers of riding bikes is that other motorists just don't "see" you, even with your lights on! So they cut you off, violate your right of way, and sometimes injury or kill you.

Of course this is no legal justification. A vehicle driver is REQUIRED not only to "look", but to SEE motorcycles and other vehicles, and to yield the right-of-way to them when so required. The car driver here appears to be clearly liable for this collision, and for the resulting injuries.

But the facts of life are what they are. Motorcycles will, probably forever, remain "invisible" to many vehicle operators. So never assume that drivers of other vehicles see you. Try to make eye contact with them if they are going to turn across your lane. And just in case, plan an escape route for when they turn into your lane without seeing you. Better still, try to keep as far to the right as you can so that you will have more time to react to the left-turning vehicle and avoid the collision.

Bottom line: Bikers, ride with the understanding that you are invisible to many motorists!

When it rains it pours. And this week a storm of motorcycle accidents moved into Western New York State.

Case in point: A Cattaraugus man was killed Saturday night after he struck a ditch and was thrown from the bike. He was air-lifted by Mercy Flight to Erie County Medical Center, but died there from his injuries.

Earlier that same day, a motorcycle crashed in the 900 block of Sweeney Street in Buffalo killing the driver and injuring a passenger.

There were other motorcycle accidents in the Buffalo area as well this week. For example, a Lancaster man crashed his bike into van on Bowen Road near Rice Road in Elma after the van turned left into a driveway without yielding to the motorcycle. Also, a Perrysburg man suffered a motorcycle injury Friday on Allegany Road near Silver Creek.

If you own and ride a bike, I don't need to tell you what I have learned through my years of experience as a Central New York motorcycle accident lawyer; you need to be careful. Our New York State roadways provide miles of unsurpassable riding pleasure strewn with undeniable riding danger. Watch out for that guy who is not watching out for you (like that van driver above who turned left into a driveway, cut off the cyclist, violating his right of way). And keep your bike under control at all times (most of the accidents above were the motorcyclists' fault).

If you do get hurt on your bike, call a lawyer experienced in New York motorcycle crash cases. The scene needs to be examined promptly for skid marks and other evidence. Insurance carriers need to be put on notice of claims. You should worry about getting better. You don't need to worry about all those insurance and legal issues. That's your New York motorcycle accident lawyer's job.

Be safe and do everything you can to avoid an accident. But if it happens to you, worry about getting better, and let your motorcycle accident lawyer worry about the rest.

Here we go again with another all-too-typical, and tragic, Central New York motorcycle accident caused by motorists' amazing ability to overlook, fail to see, and otherwise be oblivious to, motorcyclists. The Syracuse Post Standard reports that a Syracuse man died Tuesday in a motorcycle crash in the Town of Sennett, Cayuga County, not far from our main personal injury law office in Auburn, New York. The biker was riding a 2003 Honda westbound. on Grant Avenue, when the car, ignoring the motorcyclist's right-of-way, turned left onto Grant from County House Road and cut him off. The unfortunate biker was unable to avoid impact with the left side of the car.

You are almost twice as likely to be involved in an accident if you are on a motorcycle as compared to in a car. Why? You guessed it - cars don't see you and end up cutting you off or hitting you, just like this motorist did to this biker.

The motorcyclist's family will have a strong wrongful death case against the owner and driver of the car that cut him off. Even though motorists tend to not see motorcycles, the law REQUIRES motorists to see them. The defense, "gee, I just didn't see that motorcycle coming", is no defense at all.

What about insurance coverage for this guy's poor, grieving family? In New York cars are required to have at least $25,000 in liability insurance coverage. In the wrongful death claim against the car's owner and driver, the family can claim compensation not only for the "economic loss" they suffer as a result of losing their loved one (lost income support, medical expenses, funeral expenses), but also compensation for any "conscious pain and suffering" they can prove the motorcyclist suffered before he died.

Let's hope this car had lots of insurance beyond the $25,000 minimum.