Riding a motorcycle offers an exhilarating sense of freedom and adventure that few other experiences can match. In New York, where scenic routes stretch from the Hudson Valley to the Adirondacks, motorcyclists often ride to escape the ordinary and feel the rush of the open road.
Unfortunately, this freedom also comes with unique risks. Brain injuries, in particular, are a common and life-altering consequence of motorcycle accidents. These injuries are often severe and can have a lasting impact on a person’s life.
Sadly, many motorcyclists in New York experience traumatic brain injuries (TBIs) after collisions with larger vehicles whose drivers fail to notice them. If you or a loved one suffered a brain injury in a motorcycle accident, talk to an experienced New York motorcycle accident lawyer right away to protect your rights and ensure you receive the support needed for ongoing medical care.
Table of contents
- Why Are Motorcyclists at Such High Risk of Brain Injury?
- New York Laws Protecting Motorcycle Operators
- Types of Brain Injuries Motorcycle Accident Victims May Suffer
- Why All Head Injuries Should Be Taken Seriously
- The Risk of Accepting a Quick Settlement for a Brain Injury
- Types of Compensation Available for Motorcycle Accident Injuries in New York
- The Statute of Limitations for Personal Injury Claims in New York
- Contact William Mattar Law Offices After a Motorcycle Accident in New York
Why Are Motorcyclists at Such High Risk of Brain Injury?
Motorcyclists are at a greater risk for catastrophic injuries like traumatic brain injuries because of their relative lack of physical protection. Unlike car drivers and passengers, who are shielded by seatbelts, airbags, and a metal frame, motorcyclists are far more exposed to the impact of a collision. Even with a helmet, a motorcyclist’s head is still at significant risk if they are thrown from their bike or struck by a vehicle.
New York Laws Protecting Motorcycle Operators
In New York, there are specific rules and expectations for all motorists regarding motorcycle safety. Drivers are required to maintain safe distances, yield to motorcyclists when necessary, and refrain from aggressive actions that could put motorcyclists in danger. It’s illegal for drivers to crowd motorcyclists or change lanes without ensuring it’s safe to do so.
Unfortunately, accidents often happen due to negligence, distracted driving, or misjudgments about speed and distance. These lapses can be fatal for motorcyclists or result in catastrophic injuries, including brain injuries, which can be life-changing and demand extensive care.
Types of Brain Injuries Motorcycle Accident Victims May Suffer
Motorcyclists face increased danger on the road due to the limited protection offered by their bikes compared to other vehicles. This makes them more vulnerable to severe injuries, especially from drivers who may overlook motorcycles in traffic. Even a minor accident can result in catastrophic injuries for motorcyclists.
Brain injuries from motorcycle accidents vary in severity and type. Below are some common types of brain injuries motorcyclists might experience:
- Concussion – Often described as a mild traumatic brain injury, a concussion can still have serious consequences. Even a seemingly minor collision can cause a concussion, leading to symptoms like headaches, dizziness, and memory problems.
- Contusion – This type of brain injury is essentially a bruise on the brain. Contusions can result from a direct impact to the head, which may happen when a motorcyclist is ejected from their bike. Large contusions may require surgery and can lead to serious complications.
- Diffuse Axonal Injury (DAI) – This injury occurs when the brain rapidly moves within the skull, causing damage to its connective tissues. DAIs are common in high-speed crashes and can be devastating, potentially resulting in loss of consciousness or long-term cognitive impairment.
- Penetrating Brain Injury – In severe accidents, debris or objects can penetrate the skull and cause direct damage to the brain. These injuries often require immediate medical intervention and can have long-lasting effects on the victim’s quality of life.
Every head injury should be taken seriously. Even head injuries that seem minor at first can have significant long-term impacts. Many brain injuries have delayed symptoms, meaning they might not be immediately obvious after an accident.
Why All Head Injuries Should Be Taken Seriously
After a motorcycle accident, it’s easy to overlook symptoms if they seem minor, but head injuries are complex, and what seems insignificant initially can progress into something far more serious.
A concussion can lead to persistent symptoms like memory loss, dizziness, headaches, and mood changes. Some traumatic brain injuries can lead to cognitive impairment, motor skills difficulties, and personality changes, which can affect a person’s daily life, work, and relationships.
Because brain injuries can worsen over time, seeking immediate medical evaluation and ongoing care is essential. Motorcyclists should also avoid accepting an early settlement from the insurance company.
Brain injuries often require extensive medical treatment, physical therapy, and sometimes lifelong care. Insurance companies may pressure you to accept a quick settlement that doesn’t take the future impact of your injury into account, leaving you to cover ongoing medical costs on your own.
The Risk of Accepting a Quick Settlement for a Brain Injury
Insurance companies often try to settle claims quickly and for as little money as possible, especially in cases involving severe injuries like TBIs. Accepting an early settlement can be a costly mistake. Brain injuries are often progressive, meaning symptoms and complications can develop or worsen over time.
Accepting a settlement too soon may prevent you from receiving compensation for the full scope of your needs, including long-term medical care, rehabilitation, and other forms of necessary support.
Working with a lawyer who understands New York law can help ensure you receive compensation that considers not only your immediate medical bills but also your long-term recovery and quality of life. In brain injury cases, this can make all the difference in your financial stability and access to care.
Why You Shouldn’t Talk to Insurance Companies Alone
Insurance adjusters are trained to protect their company’s interests, which often means offering settlements that don’t fully cover your needs. They may even try to convince you that your injuries aren’t as serious as they are or that you don’t need additional medical evaluations.
Having a lawyer by your side helps level the playing field. Your lawyer will handle communication with the insurance company, gather evidence to support your claim, and ensure that any settlement offers are fair and cover your current and future expenses. If you’re dealing with a brain injury, your focus should be on recovery, not on the complexities of insurance negotiations.
Types of Compensation Available for Motorcycle Accident Injuries in New York
If you’ve suffered a brain injury or another serious injury in a motorcycle accident, you may be entitled to financial compensation. A personal injury claim can cover the costs of your medical treatment, recovery, and future needs.
In New York, compensation for motorcycle accident injuries generally falls into two categories: economic damages and non-economic damages. A lawyer who understands these types of compensation can make a significant difference in your financial recovery.
Economic Damages
Economic damages are measurable, tangible costs associated with the accident and your resulting injuries. These damages aim to cover the direct financial losses you’ve incurred and can help alleviate the burden of accident-related expenses. Common types of economic damages include:
- Medical Expenses: This may include costs for emergency room visits, surgeries, hospital stays, and ongoing treatment such as physical therapy, rehabilitation, and medications. If your brain injury requires specialized care or long-term therapy, a lawyer can ensure that your claim accurately reflects these anticipated costs.
- Future Medical Care: Brain injuries can sometimes require years of medical care and follow-up treatments. A lawyer will help calculate the expected future medical expenses associated with your injury, including specialized neurological treatments and any adaptive equipment you may need.
- Lost Wages and Loss of Earning Capacity: If your brain injury keeps you out of work temporarily or permanently, you may be able to recover compensation for lost wages. Additionally, if your injury impacts your ability to work at the same level or perform the same job, you may also be entitled to compensation for a reduced earning capacity.
- Property Damage: If your motorcycle was damaged in an accident, economic damages may include the cost of repair or replacement. A lawyer can help you determine the full extent of your property loss and ensure it’s properly compensated.
Non-Economic Damages
Non-economic damages are intended to address the intangible, less quantifiable impacts of an accident. These damages compensate for the physical and emotional suffering caused by the injury. While more challenging to calculate, non-economic damages are crucial for individuals whose injuries have significantly altered their quality of life. Common types of non-economic damages include:
- Pain and Suffering: This encompasses the physical pain and emotional distress caused by the accident and resulting injury. Brain injuries, in particular, often lead to long-term or even permanent suffering, including chronic pain, depression, anxiety, and mood changes. A lawyer will document the extent of your pain and suffering to seek fair compensation that reflects the ongoing impact of your injuries.
- Emotional Distress: Brain injuries can have lasting psychological effects, including anxiety, post-traumatic stress disorder (PTSD), and other mental health struggles. Emotional distress damages are intended to compensate for the psychological burden caused by your injury and the resulting lifestyle changes.
- Loss of Enjoyment of Life: Many people with brain injuries find that they can no longer engage in the activities they once enjoyed. Compensation for loss of enjoyment of life aims to address this reduction in quality of life, whether it’s the inability to participate in hobbies, spend time with family, or pursue personal interests.
- Loss of Consortium: In cases where a brain injury has severely impacted a person’s relationship with their spouse, such as by causing personality changes, a spouse may be entitled to damages for loss of consortium. This type of compensation addresses the impact the injury has had on the relationship, including companionship, affection, and support.
How a Lawyer Can Help Secure Fair Compensation for Pain and Suffering
Calculating non-economic damages like pain and suffering is complex, especially since New York has no set formulas or guidelines. Insurance companies may attempt to undervalue these damages, downplaying the full impact of your brain injury on your life. An experienced lawyer can be instrumental in building a strong case to accurately reflect the extent of your suffering.
A personal injury lawyer can:
- Gather Evidence of Suffering: A lawyer collects and presents evidence that demonstrates the impact of your injury on your daily life, including medical records, testimony from loved ones, and documentation from mental health professionals. This evidence can paint a more complete picture of your pain and suffering for the insurance company or court.
- Present Expert Testimony: In some cases, expert witnesses, such as medical or psychological professionals, may be brought in to discuss the lasting impacts of a brain injury. A lawyer will arrange this testimony to reinforce the extent of your suffering and validate your claim for non-economic damages.
- Negotiate with Insurance Companies: Insurance adjusters often attempt to minimize compensation by questioning the extent of pain and suffering or offering quick settlements. Your lawyer can negotiate on your behalf, advocating for a fair settlement that reflects your current and future needs.
- Estimate Fair Compensation: Lawyers with experience in personal injury cases understand the factors that courts in New York consider when awarding damages for pain and suffering. They provide guidance on an appropriate amount to seek, considering factors such as the severity of your injury, the permanence of symptoms, and how the injury has impacted your life.
Economic and non-economic damages play a critical role in helping motorcycle accident victims with brain injuries recover and rebuild their lives. Working with a lawyer gives you the best chance of obtaining compensation that accurately reflects your injury's physical, emotional, and financial impacts, helping to support your recovery and provide for your future.
The Statute of Limitations for Personal Injury Claims in New York
In New York, you generally have three years from the date of the accident to file a personal injury claim – but the time limitation that applies to your case can be significantly shorter. If a loved one tragically dies from a brain injury sustained in a motorcycle accident, the statute of limitations for a wrongful death claim is typically two years from the date of death. Again, these time limitations are fact-dependent and can be much shorter.
While these time limits might seem generous, it’s important not to delay. The sooner you begin working with a lawyer, the more effectively they can gather evidence, speak to witnesses, and build a strong case on your behalf.
Failing to file within the applicable statute of limitations, or ignoring important notice of claim deadlines, can result in losing the right to pursue compensation. Given the complexity of brain injury cases, contacting a lawyer as soon as possible is best to ensure all deadlines are met and your rights are fully protected.
Contact William Mattar Law Offices After a Motorcycle Accident in New York
Choosing the right lawyer can make a significant difference in the outcome of your case. A lawyer experienced in personal injury law can advocate for your right to compensation that accounts for the full impact of your injury, including medical expenses, lost wages, future care needs, and your quality of life.
William Mattar Law Offices is dedicated to helping motorcyclists across New York get the support they deserve after an accident. We understand the challenges motorcyclists face and are committed to protecting your rights, allowing you to focus on recovery while we handle the legal aspects of your case.
If you suffered a brain injury in a motorcycle accident in New York, don’t wait. Contact us today to discuss your options and ensure you receive the fair treatment and compensation you deserve. Remember, speaking to an experienced lawyer is the first step toward protecting your future and rebuilding your life after a life-altering injury.
Call our main office in Williamsville, NY, at 716-444-4444 or contact us online anytime, 24/7. We also have offices in Buffalo, Syracuse, and Rochester, and our personal injury lawyers serve clients throughout New York, including Albany, Long Island, Binghamton, Watertown, Plattsburgh, and New York City.