Tuesday, March 16, 2010

Severe Injuries Caused by Motorcycle Accidents

There is something compelling about riding a motorcycle on the open road down Route 20 through Upstate New York, the wind rushing around you and the sense of freedom that brings. Whether you are on a scenic drive on Route 20, Route 5 or, the New York State Thruway or Interstate 81, those same qualities that make a motorcycle attractive to so many riders may also make it dangerous.

When a motorcycle is in a crash, the driver can face very serious injuries. There is little to no protection for motorcycle riders. According to data from the National Highway Transportation Safety Administration (NHTSA), 80 percent of motorcycle wrecks result in injury or death, compared to 20 percent for automobiles. Other NHTSA data shows that the motorcycle fatality rate is more than five times that of passenger vehicles (73 per 100,000 registered motorcycles versus 14 per 100,000 registered motor vehicles).

Motorcycle Accident Injuries

Some of the most serious injuries involve head, chest and spine. Head injuries are often seen in victims of these accidents, even those wearing helmets. A typical head injury would be bleeding in the brain (cerebral hematoma).

Chest injuries may include damage to the lung or rib fractures. Spinal injuries often involve damage to the cervical spine, or neck.

Abdominal injuries may also be severe and may include damage to the spleen or liver. Lower extremity injuries, including pelvic injuries and broken legs or arms are frequently found. Abrasions, or “road rash,” are often caused by scraping on the pavement.

The costs and recovery from accidents involving head and spinal injuries can be extensive and expensive. In many cases, the initial hospital stay may be just the beginning of a long road to recovery including a lengthy rehabilitation.

Dangers on the Roadways

One of the challenges faced by motorcyclists is lack of conspicuity, not being seen by other cars. This is one of the main factors in the following motorcycle accident scenarios:
  • An oncoming automobile takes a left hand turn in front of a motorcycle
  • Another vehicle on the road violates the motorcycle’s right of way in a lane or an intersection
Another factor that may cause motorcycle accidents is poor speed-spacing judgment by the other driver. The other driver may believe the motorcycle is moving slower than it is or that it has more maneuverability and can avoid them.

Another challenge is that objects on the road, ridges in the pavement or potholes that a car or truck could easily drive over can create added risk for a motorcyclist. Similarly, driving on the shoulder or off the road to avoid an obstacle can lead to more damage or injuries for a motorcyclist.

Increasing Safety

Some recommendations from NHTSA to increase motorcycle safety include:
  • Improving the motorcycle braking system by utilizing anti-lock braking technology
  • Making motorcycles and motorcyclists more visible with enhanced lighting
  • Increasing the use of helmets
  • Eliminating drinking and driving
  • Requiring rider training classes for new drivers and refreshers for experienced drivers
  • Making other drivers more aware of sharing the road safely with motorcycles
New York Law

New York has already adopted some of NHTSA’s recommendations. Motorcyclists are required to wear helmets and to have front and rear lights on at all times to help with visibility.

All drivers have a duty to use due care, a failure to exercise this care may be considered legal negligence. Motorcycle drivers have the same rights and duties as other drivers. Automobile drivers have a duty to use reasonable care to avoid a collision with a motorcyclist.

If you have been involved in a motorcycle accident, it is important to consult with an attorney knowledgeable in these types of matters who is familiar with New York law. A lawyer will be able to answer any questions you have and help you determine the right course of action for you, based on your circumstances.