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