Motorcycle collisions can result in serious injuries for riders. At The Cassisi Law Firm, our lawyers are dedicated to helping motorcycle accident victims in Queens and the surrounding areas seek compensation for injuries caused by a negligent motorist. One common type of crash is a left turn collision, in which a car driver turns left directly in front of a motorcycle, abruptly cutting off the rider.
Under New York law, if another person’s negligence harmed you, that person generally may be held accountable through a personal injury claim. To prove negligence, the accident victim must show four elements. First, the defendant must have owed a duty of care to the victim. In the context of a motorcycle accident, the defendant usually would be the driver who struck the motorcyclist, although other parties also might be involved. The defendant must have breached this duty, and the breach must have caused the accident. Finally, the injured person must have suffered actual damages.
In the case of a left turn collision, a motorcyclist may be seriously hurt. By nature, using these vehicles is more dangerous than traveling by car, since a bike is relatively exposed and has only two wheels, making it less stable than an enclosed sedan. If a driver turns left directly in front of a motorcyclist, he or she can be cut off abruptly and lose control of the motorcycle or collide directly with the car.
A driver turning left is required by law to yield until it is possible to safely complete the turn. Many times, unfortunately, motorists in this situation ignore motorcyclists or otherwise fail to act with the level of care that would be expected of them. Some instances in which a breach may be shown include if the motorist was driving above the speed limit, driving while intoxicated, or running a stop sign or red light.
Additionally, the breach of the duty of care must directly cause the injury to the motorcyclist. In other words, if the driver had not been negligent, the collision would not have occurred. The law also requires that the accident must be a reasonably foreseeable consequence of the breach. If the elements of a negligence claim are satisfied, the injured person may be able to recover compensation.
Victims of left turn collisions may recover both economic and non-economic damages from a defendant held liable. Economic damages tend to include medical and hospital bills, lost wages from work, and property damage. Non-economic damages may include pain and suffering as well as loss of consortium. The statute of limitations requires that legal claims for negligence in a personal injury lawsuit must be brought within three years of the date of the accident in most situations.
At The Cassisi Law Firm, our motor vehicle collision attorneys can guide Queens residents and other individuals through the process of bringing a left turn collision claim against a negligent motorist. We also represent people in Brooklyn and the Bronx as well as Nassau and Suffolk Counties.
Our office can be reached by calling 718-441-5050 or using our online form. Contact us to schedule a free initial consultation.