NY LAW

Evan Langsted asked:


Motorcycles are becoming an increasingly popular mode of transportation. Every three or four years our streets and highways in the United States see an increase of 1 million new registered motorcycles. The reasons for this are several; motorcycles are fun to ride, they save thousands of fuel dollars for commuters, and are generally more convenient to park, store, and maintain. Motorcycles have several advantages over other vehicles, especially in a city known for its traffic congestion and high population density.

Unfortunately, riding a motorcycle puts you at a much higher risk of serious injury if you are ever involved in an accident. The plain and obvious fact is you are not protected from injury as you are in an automobile. No matter how many safety precautions you take as a motorcyclist, and no matter how much you invest in protective wear, you are several times more likely to be injured, or killed in a motorcycle accident than in a car accident.

Here are some other statistics to consider:

Motorcyclists are 34 times more likely to die in a motorcycle accident than if in an automobile accident. Motorcycles make up a little over two percent of total registered vehicles, but account for 10 percent of total traffic fatalities. In fatal two-vehicle accidents involving a motorcycle and a passenger vehicle, 90 percent were driving the motorcycle, 8 percent were passengers on the motorcycle, and 2 percent were occupants of the passenger vehicle. Approximately 75 percent of accidents involving a motorcycle and a passenger vehicle list the motorcycle as the striking vehicle. Over 90 percent of accidents involving a motorcycle and a passenger vehicle occur on non-interstate roadways. 60 percent of these accidents occur on urban roadways. Nationwide, of every 100 non-helmeted motorcyclists killed in accidents, roughly 37 of those would have survived had they been wearing a helmet. 97 percent of motorcyclist fatalities are male.

Motorcycle accidents differ from automobile accidents in many specific ways regarding insurance, state laws, regulations, and other factors. If you have been involved in a motorcycle-related accident, it is important to seek counsel from an experienced motorcycle injury lawyer in order to receive maximum compensation.



Jeffrey

Peter Kent asked:


Some might say that all car accidents are the same. Certainly, there are several legal factors that enter into an automobile accident investigation and litigation. Circumstances surrounding the accident, such as weather conditions, possible intoxication or impairment on the part of one or both drivers, and fault or intention are key. In addition, the extent and severity of injury or death involved in an automobile accident are vital factors. But the missing “third defendant” in many automobile accident litigations is the car manufacturer – the people responsible for the safety features of a car’s design. A car that is not crashworthy, or capable of protecting its occupants during a crash, may be subject to crashworthiness litigation.

The doctrine of crashworthiness essentially states that a vehicle’s manufacturer is liable for enhanced injuries sustained in an automobile accident. Injuries of this sort occur during the second collision, which is defined as when the vehicle’s passenger is injured. In these cases, the “first collision” is referred to as the actual car crash. Crashworthiness requires a manufacturer to assume liability for any negligence or defect in the design of a car. In short, it is a manufacturer’s duty to sell cars that are designed to provide protection during a car crash.

What Does Crashworthiness Litigation Entail?

If you choose to hire an attorney to aid in the legal process of your crashworthiness case, anticipate an extensive process. First and foremost, your lawyer will need to carefully consider your case to decide if it is a worthwhile case. If your attorney concludes that the cost of damages in your crashworthiness case will be higher than the cost of the legal actions, he or she will begin the lengthy legal process.

Litigating an automobile crashworthiness case will involve an extensive investigation. This crashworthiness investigation will involve a professional investigator who evaluates the accident scene, vehicles involved in the crash, reports by medical examiners and/or police, and gathers information from other sources such as motor vehicle engineering analyses and vehicle compliance tests. Your attorney will rely on the reports of this expert investigator, along with testimony from other expert witnesses, in order to litigate your crashworthiness case. It is your attorney’s job to cross the major hurdles in the discovery process that characterize crashworthiness litigation.

If your case is not settled right away and goes to trial, you can expect your lawyer to require extra expenses for effects such as an trial exhibits, preparation and presentation of these exhibits, and perhaps even mock trials. If you have been involved in a car accident and believe your case warrants an automobile crashworthiness litigation, contact an experienced defective products attorney immediately.



Melvin