What To Do If Hit By a Commercial Vehicle While On a Motorcycle

Riding a motorcycle through the bustling streets of New York City can be exhilarating. However, it also comes with inherent risks, especially when sharing the road with commercial vehicles. If you find yourself in the unfortunate situation of being hit by a commercial vehicle while on your motorcycle, it’s crucial to know how to navigate the aftermath effectively. At Kelner & Kelner, we’re here to guide you through the process of what to do if hit by a commercial vehicle while on a motorcycle.

Understanding the Risks

Motorcycles, by their very design, present unique challenges on the road. Their smaller size and lower profile compared to cars can make them less visible to other drivers, especially larger commercial vehicles such as delivery trucks, buses, and construction vehicles. These larger vehicles have significant blind spots and are often less maneuverable, leading to a higher likelihood of accidents when they encounter motorcycles.

High Traffic Density

In a bustling metropolis like New York City, high traffic density exacerbates these risks. Areas like Times Square and the Brooklyn Bridge attract a multitude of vehicles and pedestrians, creating an environment ripe for accidents. The constant influx of tourists and locals alike can lead to unpredictable driving behavior, making it essential for motorcycle riders to remain vigilant.

Riders must be especially cautious at intersections, where many collisions occur. Commercial vehicles often make wide turns or change lanes without adequate warning. As a motorcycle rider, anticipating these movements can be the difference between a safe ride and a serious accident.

Environmental Factors

Additionally, environmental factors such as weather conditions and road quality can increase the risks for motorcyclists. Rain, snow, or even debris on the road can affect traction and visibility. For example, wet pavement can make stopping distances longer, while potholes or construction zones can create hazardous riding conditions. Understanding these risks can help you make informed decisions about when and where to ride.

The Importance of Safety Gear

Wearing appropriate safety gear is not just a recommendation; it is a critical aspect of motorcycle safety that can help protect you in the event of a collision.

Essential Gear Components

1. Helmets: A properly fitted helmet is the most important piece of safety gear. Helmets can dramatically reduce the risk of head injuries in an accident. In New York, it’s mandatory to wear a helmet while riding, and choosing one that meets safety standards is crucial.
2. Gloves: Motorcycle gloves provide grip and protection for your hands. In the event of a fall, gloves can help prevent abrasions and injuries to your hands and wrists, which are often the first points of contact with the ground.
3. Jackets and Pants: Protective jackets and pants made from durable materials can shield your skin from road rash and provide insulation in case of an accident. Look for gear with reinforced areas, particularly around the elbows and knees, as these are common impact points.
4. Footwear: Sturdy, ankle-high boots offer protection to your feet and ankles, which are vulnerable in an accident. They also provide better grip and control when riding.

Local Considerations

In neighborhoods like Greenwich Village, where the streets can be narrow and congested, wearing the right safety gear becomes even more critical. The close quarters of urban riding mean that even minor accidents can lead to severe injuries. Moreover, in areas with high pedestrian traffic, being more visible can help you avoid collisions with both vehicles and pedestrians.

Visibility and Awareness

Beyond personal protection, wearing bright or reflective gear can enhance your visibility to other drivers. This is particularly important in low-light conditions or during inclement weather when visibility is compromised.

By investing in high-quality safety gear and being aware of the risks associated with motorcycle riding in a busy city, you can significantly reduce your chances of an accident and ensure a safer riding experience. Remember, staying vigilant and prepared is key to enjoying the freedom of the open road while minimizing the dangers that come with it.

What Constitutes Commercial Vehicles?

Understanding what qualifies as a commercial vehicle is essential for motorcycle riders, especially in navigating the risks associated with sharing the road. Commercial vehicles are defined primarily by their use: they are designed to transport goods or passengers for commercial purposes. Here’s a closer look at the types of vehicles that fall under this category:

Types of Commercial Vehicles

1. Delivery Trucks: These vehicles are commonly seen on city streets, transporting goods from warehouses to businesses or homes. They range from small vans to large box trucks and are often involved in frequent stops, increasing the potential for accidents.
2. Buses: Public transit buses, school buses, and charter buses are all considered commercial vehicles. Their large size and frequent stops make them particularly challenging for motorcycle riders to navigate around.
3. Construction Vehicles: Trucks used in construction, such as cement mixers, dump trucks, and flatbeds, are also classified as commercial vehicles. These vehicles can pose significant risks due to their size, weight, and the materials they transport.
4. Taxis and Rideshare Vehicles: Vehicles operated for hire, including taxis and rideshare services like Uber and Lyft, are considered commercial. Their frequent lane changes and stops for passengers can create hazardous conditions for motorcyclists.
5. Recreational Vehicles (RVs): While primarily used for personal recreation, many RVs are classified as commercial vehicles when used for business purposes, such as rentals or mobile vendors.
6. Heavy Equipment Transporters: Truck drivers that transport heavy machinery with their vehicles or construction equipment are also commercial vehicles. Their large size and slow speeds can lead to dangerous conditions on the road.

Legal Implications

The classification of a vehicle as commercial has legal implications, especially in the event of an accident. Commercial vehicles are often subject to stricter regulations and higher insurance requirements due to the potential risks they pose. This means that if you are involved in an accident with a commercial vehicle, the claims process may involve dealing with corporate insurance policies, which can be more complex than standard automobile insurance.

Understanding what constitutes a commercial vehicle can help motorcycle riders stay alert and aware of their surroundings, especially in busy urban areas like New York City. By recognizing these vehicles and their potential hazards, riders can take proactive measures to minimize risks while navigating the streets.

Immediate Steps to Take After an Accident

Being involved in an accident with a commercial vehicle can be overwhelming. Knowing the right steps to take immediately after the incident can significantly impact your safety and any potential legal claims you may pursue. Here’s a guide on what to do right after the accident:

Check for Injuries

First and foremost, assess your own condition. If you are conscious and able, check yourself for injuries. Look for any visible wounds, pain, or discomfort. If you are seriously injured, try to remain still and avoid moving until help arrives.

Ensure Safety

If it is safe to do so, move your motorcycle to the side of the road to prevent further accidents. In busy areas like Times Square, where traffic is heavy, it’s crucial to minimize the risk of additional collisions. Turn on your hazard lights to alert other drivers of your situation.

Call Emergency Services

Dial 911 to report the accident. Inform the operator of your location and the nature of the accident. Emergency responders will send police and medical assistance if needed. Their presence is essential not only for your safety but also for documenting the incident.

Gather Information

While waiting for help, begin gathering information related to the accident. This includes:

• Driver Information: Collect the name, contact information, and insurance details of the driver of the commercial vehicle.
• Witnesses: If there are any witnesses, ask for their names and contact information. Their accounts can be valuable in supporting your claim.
• Photographs: Take detailed photos of the accident scene, including the positions of the vehicles, any damage, road conditions, and visible injuries. This documentation can be crucial for any legal proceedings.

Document the Accident

Once the police arrive, provide them with a clear and accurate account of what happened. Ensure that a police report is filed, as this document will be essential for insurance claims. Ask for a copy of the report or the report number for your records.

Seek Medical Attention

Even if you feel fine, it’s vital to seek medical attention. Some injuries, such as concussions or internal injuries, may not be immediately apparent. A medical evaluation will ensure that any potential injuries are identified and treated promptly.

Notify Your Insurance Company

As soon as you can, report the accident to your insurance provider. Provide them with all relevant details, including the other driver’s information and any police reports. This step is crucial for initiating your claim process.

Reach Out to a Car Accident Lawyer

Consider contacting a car accident lawyer, especially if you were hit by a commercial vehicle. Navigating the complexities of insurance claims and potential legal proceedings can be challenging. An experienced lawyer can help you understand your rights and guide you through the process.

Keep Records

Maintain a detailed record of all documents related to the accident, including medical bills, repair estimates, and correspondence with insurance companies. This information will be vital for any claims or legal action you may pursue.

By following these immediate steps after an accident, you can protect your health, ensure your safety, and lay the groundwork for any future legal actions. Remember, staying calm and collected during this stressful time is crucial for making informed decisions.

Legal Considerations After an Accident

After being involved in an accident with a commercial vehicle, understanding the legal landscape is essential for protecting your rights and seeking compensation for any injuries or damages as the accident victim. Here are key legal considerations to keep in mind:

Understanding Your Rights

As a motorcycle rider, you have specific rights that must be upheld following an accident. If the accident was caused by the negligence of the commercial vehicle driver, you may be entitled to compensation for various damages, including:

• Medical Expenses: Coverage for hospital bills, rehabilitation costs, and any ongoing medical care.
• Lost Wages: Compensation for any income lost due to your inability to work as a result of the accident.
• Pain and Suffering: Damages for physical pain and emotional distress caused by the accident.
• Property Damage: Reimbursement for damage to your motorcycle and any personal belongings.

Comparative Negligence in New York

New York operates under a comparative negligence rule. This means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are deemed 20% at fault, your total compensation will be reduced by that amount. It’s crucial to work with a car accident lawyer to establish the degree of fault and strengthen your case.

Dealing with Insurance Companies

After an accident involving a commercial vehicle, you will likely need to file a claim with the driver’s insurance company. Be prepared for the possibility that the insurance adjuster may attempt to minimize your claim or deny liability altogether.

• Avoid Making Statements: Be cautious about what you say to insurance representatives. Any admissions of fault or statements that could be construed as accepting blame can harm your case.
• Document Everything: Keep detailed records of all communications with insurance companies, including dates, times, and summaries of conversations. This documentation can be critical if disputes arise.

The Role of a Car Accident Lawyer

Engaging a car accident lawyer can provide significant advantages. An experienced lawyer will:

• Evaluate Your Case: Assess the specifics of your accident and determine the best course of action.
• Negotiate on Your Behalf: Handle all communications with insurance companies and negotiate for a fair settlement.
• Prepare for Trial: If a settlement cannot be reached, your lawyer will prepare your case for trial, gathering evidence and building a strong argument to present in court.

Statute of Limitations

In New York, there is a statute of limitations for filing personal injury claims. Generally, you have three years from the date of the accident to file a lawsuit. However, it’s advisable to initiate the process as soon as possible, as evidence can fade and witness memories may diminish over time.

Seeking Compensation

If you decide to pursue compensation, your lawyer will help you file a claim or lawsuit against the responsible parties. This may include the driver of the commercial vehicle, the company they work for, or even third parties if applicable.

By understanding these legal considerations and seeking professional guidance, you can better navigate the complexities of your situation. Protecting your rights after an accident is crucial, and having knowledgeable support can make a significant difference in the outcome of your case.

Filing a Claim with a Car Accident Lawyer

Filing a claim after being involved in an accident with a commercial vehicle is a critical step in seeking compensation for your injuries and damages. Working with a car accident lawyer can simplify this process and increase your chances of a favorable outcome. Here’s a comprehensive guide on how to effectively file a claim with the help of legal representation.

Initial Consultation

The first step in filing a claim is to schedule an initial consultation with a car accident lawyer. During this meeting, you will discuss the details of your accident, including:

• The circumstances surrounding the incident
• Any injuries or damages you sustained
• Documentation you have collected, such as police reports and medical records

Your lawyer will evaluate the merits of your case and advise you on the best course of action.

Gathering Evidence

An essential part of filing a claim is gathering supporting evidence. Your lawyer will assist you in collecting various types of documentation, including:

• Police Reports: Official reports provide an objective account of the accident and are crucial for establishing fault.
• Medical Records: Documentation of your injuries, treatment, and any medical expenses incurred will support your claim for damages.
• Witness Statements: Eyewitness accounts can strengthen your case and corroborate your version of events.
• Photographic Evidence: Pictures of the accident scene, vehicle damage, and your injuries can provide visual support for your claim.

Drafting the Claim

Once the evidence has been gathered, your lawyer will help you draft the claim. This document will outline the details of the accident, the injuries sustained, and the compensation sought. It’s important to articulate your case clearly and concisely, as this will be submitted to the insurance company or in court.

Filing the Claim

Your lawyer will file the claim with the appropriate insurance company. This involves submitting all necessary documentation, including the claim form, evidence, and any other required materials. Your lawyer will ensure that the claim is filed within the required timeframes, adhering to any statutes of limitations.

Negotiating a Settlement

After the claim is filed, the insurance company will review the information and may conduct its own investigation. They may respond with an initial settlement offer, which is often lower than what you deserve.

• Negotiation Process: Your lawyer will negotiate on your behalf to secure a fair settlement. This process may involve back-and-forth discussions with the insurance adjuster and could take time. Your lawyer will leverage the evidence gathered to advocate for a compensation amount that reflects your injuries and damages.

Preparing for Trial

If a satisfactory settlement cannot be reached, your case may go to trial. Your lawyer will prepare you for this possibility by:

• Building a Strong Case: This includes preparing legal arguments, gathering additional evidence, and consulting experts if necessary.
• Trial Representation: Your lawyer will represent you in court, presenting your case to a judge or jury and fighting for the compensation you deserve.

Staying Informed

Throughout the process, maintain open communication with your lawyer. Ask questions and stay informed about the progress of your claim. Regular updates will help you understand the timeline and any developments in your case.

Filing a claim with a car accident lawyer can be a complex process, but having legal representation ensures that your rights are protected and that you receive the compensation you deserve. By following these steps and working closely with your lawyer, you can navigate the claims process effectively and focus on your recovery.

Common Injuries from Motorcycle Accidents

Motorcycle accidents can lead to a variety of injuries. Some of the most common include:

• Road rash: Skin abrasions caused by sliding on the pavement.
• Fractures: Broken bones, particularly in the arms and legs.
• Head injuries: Even with a helmet, concussions and traumatic brain injuries can occur.
• Spinal injuries: Injuries to the spine can lead to long-term complications.

Seeking Medical Treatment

It’s essential to follow through with your medical treatment. Keep all appointments and follow your doctor’s recommendations. This not only aids your recovery but also strengthens your claim.

Compensation You May Be Entitled To

After being involved in an accident with a commercial vehicle, it’s essential to understand the types of compensation you may be entitled to during this difficult time. Depending on the circumstances of the accident and the injuries sustained, you could seek various forms of financial relief. Here’s a breakdown of the potential compensation categories:

Medical Expenses

One of the most significant areas of compensation involves medical expenses. This can include:

• Emergency Room Visits: Costs associated with immediate medical care following the accident.
• Hospitalization: Expenses for any overnight stays, surgeries, or specialized treatments required.
• Rehabilitation: Physical therapy, occupational therapy, and other forms of rehabilitation to aid recovery.
• Future Medical Costs: If your injuries require ongoing treatment, you may also seek compensation for anticipated future medical expenses.

Lost Wages

If your injuries prevent you from working, you can pursue compensation for lost wages. This includes:

• Time Off Work: Payment for the days or weeks you were unable to work due to your injuries.
• Reduced Earning Capacity: If your injuries affect your ability to earn a living in the future, you may be entitled to compensation for the difference in your earning potential.

Pain and Suffering

Pain and suffering compensation addresses the physical and emotional distress caused by the accident. This can include:

• Physical Pain: Compensation for the actual pain experienced as a result of your injuries.
• Emotional Distress: This may cover anxiety, depression, or PTSD related to the accident.
• Loss of Enjoyment: If your injuries prevent you from engaging in activities you once enjoyed, you may seek compensation for this loss.

Property Damage

If your motorcycle or personal belongings were damaged in the accident, you could be entitled to compensation for repairs or replacement costs. This includes:

• Repairs to Your Motorcycle: Costs associated with fixing any damage to your bike.
• Replacement Costs: If your motorcycle is deemed a total loss, you may seek the fair market value for your vehicle.
• Personal Items: Compensation for any personal belongings damaged in the accident, such as helmets or riding gear.

Punitive Damages

In some cases, if the actions of the commercial vehicle driver were particularly reckless or egregious, you might be entitled to punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are less common and typically require a higher burden of proof.

Wrongful Death Claims

If the accident tragically results in a fatality, surviving family members may file a wrongful death claim. This can provide compensation for:

• Funeral and Burial Expenses: Costs associated with laying a loved one to rest.
• Loss of Companionship: Compensation for the emotional loss and impact on the family unit.
• Economic Support: Financial support that the deceased would have provided to their family.

Understanding the various types of compensation you may be entitled to after an accident with a commercial vehicle can empower you to seek the relief you deserve. Working with a car accident lawyer can help you navigate this process effectively, ensuring that you pursue all available avenues for compensation based on your unique circumstances. Your recovery and well-being should be the primary focus, and securing the right compensation can play a significant role in that journey.

Get the Support You Deserve

If you’ve been involved in an accident with a commercial vehicle, don’t navigate this challenging time alone. At Kelner & Kelner, our legal team of car accident lawyers is here to provide the guidance and support you need to secure the fair compensation you deserve. Contact us today to discuss your case and explore your legal options. Your recovery is our priority.