It is no secret that motorcycle riders and their passengers are more susceptible to serious injuries in the event of a motorcycle accident. While car drivers and their passengers are protected by multiple airbags and seat belt restraint systems, those on the seat of a motorcycle do not always have these luxuries. In addition, they often sit exposed to other motorists and roadway hazards, unseparated by a steel car body.
For this reason, what would be a “minor” rear-ender for the driver of a sedan can be a stunning and jarring event for motorcycle riders and their passengers, with the capacity to propel them from the bike and onto the roadway. This will often leave the motorcyclist with immense injuries.
Bikers are a resilient group, and this often carries forward after an accident, at which time they may attempt to minimize the extent of their injuries. It is important to try to move on after a collision, but if you are injured, say something. Even if your injuries are not catastrophic, they may be serious, warranting medical attention and legal representation.
What Qualifies as a Serious Injury?
One thing to keep in mind after a motor vehicle accident is that there is no need to a “serious injury” under the law. A “serious injury” is defined in the Insurance Law to mean:
a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
While some New York motorists have to establish that their injuries qualify under one of the above “serious injury” categories in order to recover for pain and suffering, motorcyclists do not. This means that motorcyclists can bring a claim against the at-fault motorist regardless of the severity of injury.
How Do You Know if an Injury is Serious?
It is often difficult to judge the severity of injury soon after a collision. Even if the impact of the collision did not force the motorcyclist from his or her bike, it can still cause whiplash injuries to the neck and back. These types of injuries may not manifest immediately, instead causing symptoms to appear hours or even days after impact. Often these types of injuries come on insidiously, refusing to relent for weeks, months, or even years.
Many times, the only way to get a formal diagnosis is to undergo diagnostic imaging testing, where the intervertebral disks that constitute our spines can be examined for traumatic injury. Injuries to the spine often require months, if not years, of treatment before symptoms subside and the individual can return to pre-accident status. Sometimes the individual never returns to pre-accident status, instead plateauing with a new norm the person will have to live with for the rest of his or her life.
Hurt In A Motorcycle Accident? Call William Mattar.
If you sustained injuries in a motorcycle accident, please do not hesitate to give the law offices of William Mattar a call. If you are experiencing symptoms of pain and limitation, your case is serious, warranting review by an experienced motorcycle accident attorney. Our motorcycle lawyers can take a look at your situation and advise whether or not you have a case. Contact us now at (844) 444 - 4444.