When a motorcycle accident happens, the chance of the rider or passenger escaping injury is unlikely. Motorcycle riders and passengers have only their helmet and clothing to protect them. Helmets have greatly reduced the number of severe brain injuries but they do not offer total protection, especially if they are inadequate, to begin with.
New York “no fault” insurance law does not apply to motorcycles, which means there are no limitations set regarding monetary compensation. It also means that fault must be proven in a personal injury case for a settlement to be awarded. Wearing a helmet that is not approved by the DOT can affect the outcome of a case especially involving a head injury. Donning a minimal helmet simply to avoid getting a ticket and maintaining an image is foolish. Brain injuries are serious and can change a person’s life forever.
The Likelihood of Serious Injuries
When a New York motorcycle accident happens, several types of injuries are often sustained. Broken bones, painful bruises and scrapes, internal injuries, spinal fracture and brain injuries are all typical in a motorcycle crash. Spine and brain injuries are the most devastating of these, having life altering effects including paralysis, diminished reasoning and motor skills and even death. Some of the head injuries one might sustain in a New York motorcycle accident are:
- Concussion – Brain tissue that is bruised by an impact delivered at high speed can result in loss of memory, headaches, nausea dizziness and even impaired coordination and motor skills.
- Hematoma – The clotting of blood in the epidural area between the brain and skull and the subdural area, the brain itself, are the results of hematoma. Immediate surgery is required. Some symptoms to not manifest for days or even weeks after a head injury.
- Countercoup – A common and very serious injury to the brain after a motorcycle crash caused by shaking of the brain resulting in it striking the inside of the skull. Helmets offer little protection against this injury which can be caused by the rider or passenger tumbling at high speed.
- Rotation Tears – Severe high-speed impact can cause the brain to break loose and rotate within the skull causing tears from the corrugation within the skull. These types of injuries can create hemorrhaging, permanent brain damage and even delayed death
What to Do After a Motorcycle Crash
If you are involved in a New York motorcycle accident, whether or not another vehicle is involved, it is critically important to dial 911 immediately and seek medical treatment. Even if you do not feel any pain you may have critical injuries. Try to take pictures of every angle including the road and any landmarks identifying the location. Give a full report to police unless you are transported by EMS prior to their arrival. Do not say to anyone that it was your fault or that you are not hurt. If an insurance claims adjuster visits you in the hospital do not provide any information other than your name and the fact that there was an accident. The insurance adjuster is not on your side even though they may say they are. Their sole purpose is to save the insurance company money.
An Experienced and Tenacious Motorcycle Accident Attorney in New York
Once you are stable, call the Law Offices of Tanya Gendelman P. C. where you can speak to a skilled and experienced New York motorcycle accident attorney. The offices are open 24 hours per day, seven days per week to take your call. Our attorney will even visit you in the hospital to give you a free consultation and evaluation of your case. Over the years we have fought hard and won large cash settlements for victims of New York motorcycle accidents even when there was no other vehicle involved. Call today and have New York’s winning legal team on your side.
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