Recently in Motorcycle Accidents Category

August 15, 2011

Syracuse New York Car Accident Lawyer: How a $100,000 Case Morphed Into A Million Dollar Case And Then Into A Multi-Million Dollar Case.

Thumbnail image for Thumbnail image for car crash.jpgNew 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


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May 21, 2011

Car-On-Motorcycle Collision In Minetto, New York -- Whose Fault?

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for motorcycle riders.jpgWhen 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

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May 16, 2011

New York Motorcycle Lawyer Must Exercise Special Care In Picking a Jury

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for motorcycle riders.jpgIt 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

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February 21, 2011

How To Minimize Your Injuries In A Rear-End Auto Collision

Thumbnail image for rearview.jpgYou 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

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December 4, 2010

New Federal Auto Industry Rule Requiring Backup Cameras On Motor Vehicles Will Save Lives

rearview.jpg
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

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October 9, 2010

Syracuse NY Motorcycle Accident Lawyer Discusses Jury Bias Against Bikers

Thumbnail image for Thumbnail image for Thumbnail image for motorcycle riders.jpg

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!

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September 3, 2010

Syracuse Area Motorcycle / Truck Collision Case Is a "Slam Dunk"; Truck Driver "Failed to See" Motorcycle

Thumbnail image for motorcycle riders.jpgAs 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.

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August 31, 2010

Yates County NY Motorcycle - Car Collision Injuring Child Reminds Bikers To Use Defensive Biking Techniques

Thumbnail image for Thumbnail image for motorcycle riders.jpgThe 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!

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June 14, 2010

Motorcyle Accidents Rain on Western New York

Thumbnail image for motorcycle riders.jpgWhen 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.

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June 4, 2010

Careless Motorist Fails to See Motorcyclist, Cuts Him Off, and Kills Him in Cayuga County

motorcycle riders.jpgHere 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.

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May 23, 2010

Motorcycle Miracle Man Crashes and Lands in Back Seat of Convertible

Thumbnail image for motorcycle riders.jpgWhen I read the Syracuse Post Standard's report of this recent Central New York motorcycle accident, I thought perhaps I had accidentally jumped to the movie review section of the paper and was reading about a slapstick comedy. The accident happened on Route 31 in Lakeport, New York. The motorcyclist collided into the back of a Chevrolet Cavalier convertible stopped and waiting to turn left at the intersection with Coulter Cove Road. Upon impact, the motorcyclist flew off his bike and landed in the backseat of the convertible. The driver of the convertible was quoted as saying, "the next thing you know there was this big crash, and I felt something on the back of my head". Her daughter, the passenger, then said, "mom, there's something in the backseat". When the driver turned around, she saw the motorcyclist lying in the back seat with his feet on her head.

I have handled a lot of Central New York motorcycle accident cases, but never one like that! Sounds more like a cartoon than an actual accident. I guess you can find humor in anything, even in motorcycle accidents, as long as no one is seriously injured.

What caused the motorcycle to rear-end the car? The biker was adjusting his bike's mirror and didn't notice the stopped vehicle. Lesson to be learned: Adjust your mirror BEFORE you start driving your motorcycle. Never be distracted behind the wheel of a car, or the handlebars of your bike.

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April 23, 2010

Motorcycle Accident Lawyer Delivers Good News / Bad News about 2009 Decline in Mortorcycle Deaths In Central New York and U.S.A.

motorcycle riders.jpgSo what do you want to hear first, the good news or the bad news?

The good news came out just the other day from the NHTSA (National Highway Traffic Safety Administration) about Motorcycle deaths in Central New York and, in fact, all over the nation. For more than a decade, motorcycle accident deaths had been climbing steadily, year after year. Then suddenly, in 2009, motorcycle deaths plummeted throughout the U.S by a total of 16%, which saved a total of 530 lives. The highest motorcycle accident death toll ever was the prior year, 2008, which took 5,290 lives.

Why? To what do the experts attribute such a dramatic decline? Are motorists finally SEEING motorcycles? Are motorcycle safety campaigns finally working? Are bikes just safer?

No. And here's the bad news: The experts believe that the decline is due simply to the bad economy, not safer driving. Motorcyclists just didn't have the doe for riding. Motorcycle riding is largely recreational, not for transportation, and so it is a luxury that gets cut first in hard times. Less motorcycle riding, means fewer motorcycle collisions, and fewer motorcycle deaths, and, of course, fewer Central New York motorcycle accident lawyers filing fewer motorcycle injury or death lawsuits. It's that simple.

As soon as folks get their jobs back, they'll be revving up those bikes, and for longer tours, and more often, and . .. . . will be having, unfortunately, more motorcycle accidents and more Central New York motorcycle lawyers will be filing more motorcycle injury and death claims.

A curious mind will also want to know this: Why had motorcycling deaths been climbing for a decade, peeking in 2008? Here's why: Motorcycling had been on the rise throughout the decade. More motorcycles means more motorcycle accidents. Biking had gained a new-found popularity among inexperienced aging baby boomers. The average age of a cyclist today is forty-something, while in past years it was twenty-something. More inexperienced drivers also translates into more accidents.

As the economy improves, and there are more bikers out there, be safe. If you are on a bike, remember that motorists just don't see you. Expect it. Be prepared for it. If you are a motorists, be on the lookout for cyclists.

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April 4, 2010

Syracuse Motorcycle Accident Lawyer: Another Motorcycle Fatality in Central New York This Weekend

In my last post, I neglected to note another Central New York motorcycle accident his weekend. A Madison County motorcyclist was killed in the evening of April 3 at about 6:30 when he crashed on Gorge Road, part of Route 13, in Cazenovia,. He failed to handle a curve, crossed the road, struck some guiderails and was ejected. He died later at Upstate University Hospital in Syracuse. He was riding with other bikers. Again, this Central New York motorcycle fatality happened in broad daylight in beautiful spring weather. Don't assume the good weather makes driving safer. It can make it more dangerous if you let down your guard.

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April 4, 2010

Central New York Motorcycle and Car Accidents in This Perfect Central New York Spring Weather.

Thumbnail image for Thumbnail image for motocycle.jpgWow. What a bad weekend for motor vehicle collisions this beautiful Easter weekend in Central New York State.

First, in the morning of April 3, a Yates County New York car driver died, and his passenger, an Oswego county New York man, was seriously injured, when their vehicle drifted off the Thruway and flipped onto its side near Elbridge, New York. It appears the driver may have fallen asleep at the wheel.

Then, later that same day, in the evening, at about 6 p.m., a Central New York motorcyclist accident took place when a motorcycle hit a traffic island on State Route 3 near Oneida Street in Fulton. The biker was thrown from his bike and suffered back, chest and head injuries.

Both these accidents happened in broad daylight in beautiful spring weather.

Moral of the story? Don't take the good weather for granted. Just because you survived, unscathed and accident-free, another Central New York winter, doesn't mean you can let down your guard in such good driving weather. Stay awake, stay alert, and driver responsibly.

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March 22, 2010

Syracuse Motorcycle Accident Lawyer on Upstate New York's First Reported Motorcycle Fatality of the Season

Thumbnail image for motocycle.jpgThe first upstate New York motorcycle fatality of the season has been reported. Local news sources say that a West Seneca man died Sunday after his motorcycle rear-ended another car on the Thruway in West Seneca. The 29-year old rider was thrown from his bike upon impact, but the motorcycle continued on after the rider was ejected, and eventually struck a guardrail and burst into flames. The cyclist died at Mercy hospital hours later.

Unfortunately, this tragic end of young man's life won't be the last this motorcycle season. While a car-on-car rear-end collisions can cause only minor injury, a motorcycle rear-end accident is often, as it was here, deadly. Sudden stops can cause the bike to catapult end-over-end, with the rider being thrown off the bike, or under it.

Explosions and fires from gas leaks, like the one in this case, are also quite common after serious motorcycle collisions.

Motorcycle accident statistics speak loud and clear: Only about one out of every five motorcyclists walk away from a motorcycle accident with minor injuries. Motorcyclists are about 25 times more likely to die in a collision than passengers in other motor vehicles. Approximately 80 percent of motorcycle crashes result in injury or death, but for automobile occupants, injury or death is at only 20 percent.

The common notion that motorcycle accidents are usually caused by aggressive motorcycle driving is flat wrong. Most motorcycle accidents are not the motorcyclist's fault (though this one appears to have been). Several studies show that two thirds of all collisions between motorcycles and other vehicles are the other vehicle driver's fault. Usually the other vehicle fails to see the motorcycle and turns into the motorcycle's lane or otherwise violates the motorcyclist's right of way.

Motorcyclists, of course, are not blameless. Sometimes they cause accidents by speeding, by failing to slow down when cornering, or by under-cornering or over-braking. Inexperience with motorcycles is the root cause of many such mistakes.

The most important study ever conducted in the U.S. on motorcycle accidents was the "Hurt Report" (Los Angeles area, 1981). One of the most important findings of this study was that most motorcycle-car collisions are caused by the failure of motorists to notice motorcyclists. Therefore, you can minimize the risks you run on your bike by using your headlight even in the daylight and wearing high-visibility, bright yellow, orange or red jackets.

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