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Like other motor vehicles, a motorcycle should be built to the standard duty of care to safeguard the rider. Unfortunately, thousands of riders are injured or killed in motorcycle accidents each year. Many of these accidents occur because of a negligent driver or rider error. Others result from motorcycle manufacturer or design defects. When motorcycle defects are identified in the United States, the manufacturer initiates a recall.
Learn more about these often-deadly manufacturing or design defects and what steps you can take if you’ve been injured in a motorcycle accident in New York or anywhere else in the U.S.
Each time you decide to ride a motorcycle, there’s a risk that you could be injured or killed in a serious motorcycle accident. Statistics show us that the motorcyclist is at about 27 times’ greater risk of dying in a collision that the driver or passenger of a car.
The fatality rates associated with motorcycle accidents continue to rise. Since 1999, accidents resulting in death have more than doubled. Although many road hazards are present for motorcycle riders, including inexperience or lack of riding skills, visual recognition, and speeding accidents, many serious motorcycle accidents are caused by manufacture and design defects.
If a motorcycle or motorcycle part is determined to be defective, a recall is issued by the National Highway Traffic Safety Administration (NHTSA) or by the manufacturer itself. At that time, the manufacturer files a report that indicates the specific safety-related defect(s) in comparison to the federal motor vehicle safety standards, a proposed remedy, the specific vehicle/equipment, events that prompted the recall, and the recall schedule.
Manufacturers must take steps to alert owners of the recalled motorcycle equipment or motorcycle. It must merge its records of purchasers with available state DMV information about current registered owners. The manufacturer must also alert the distribution chain of the equipment when this equipment is determined to be defective. Federal law requires the motorcycle manufacturer to do so without passing on its costs to consumers.
Historically, motorcycle products that fail are often associated with the rear wheels, brakes, toe clips, chain, and shock absorbers. NHTSA estimates that three percent of all motorcycle accidents throughout the United States are due to vehicle failure.
A dangerous or defective product causing injury is covered under product liability laws. The laws determine who’s responsible for the defective product(s) and establish rules about how to try these cases:
There are typically three kinds of defects the motorcycle owner may learn about when discussing product liability, including:
The manufacturer may try to defend itself against these defects. Since product liability laws establish the rules for you to recover compensation, you must have evidence concerning how the accident or injury occurred. Our team of experienced motorcycle recall attorneys in New York City will help you on the road to recovery. Contact Proner & Proner to discuss how to get the compensation you deserve.
Motorcycle Accident Verdicts & Settlements
We understand motorcyclists because we ride. And we understand that when things go wrong on a motorcycle, often it’s not the motorcyclist’s fault. Here are some of our successes in getting compensation for riders.
Female, 35: Motorcyclist hit by oncoming traffic
Our client was riding on the back of a motorcycle going south when the defendant heading north made a left hand turn in front of the client, causing the accident.
Injuries: Fractured left leg which required surgery
Male, 47: Motorcyclist hit by vehicle
Our client was hit by a car pulling into the roadway.
Injuries: Two broken legs
Male, 52: Wrongful death
Our client was killed in an intersection accident.
Injuries: Wrongful death
Male, 23: Motorcyclist hit by vehicle
Our client was hit by a right turning car.
Injuries: Broken wrist
Male: Motorcyclist hit by vehicle
The defendant made a left turn into the path of our client, who was riding a motorcycle
Injuries: Broken ankle
Male, 36: Motorcyclist hit by vehicle
The defendant’s vehicle collided with our client’s motorcycle.
Injuries: Surgery to the client’s leg, 20 stitches on his right foot
Male, 48: Motorcyclist loss of control
Our client was driving his motorcycle on the BQE and crashed into a HOV lane divider that did not have adequate warnings in front of it.
Injuries: Intracranial skull fracture; multiple facial fractures, multiple rib fractures
Male, 32: Motorcyclist hit by vehicle
Our client was riding his motorcycle when he was cut off by a car making a left hand turn.
Injuries: Fractured right ankle, road rash
Female, 40: Motorcyclist hit by vehicle
Our client was on a motorcycle, about to overtake legally, when a car made a U-turn and stuck the client.
Injuries: Mild traumatic brain injury, compression fracture in spine, permanent scarring
Male, 26: Motorcyclist loss of control
Our client was on his motorcycle where he went over a metal plate which had dirt and gravel on it - causing his bike to slip out from under him.
Injuries: Fractured left ankle requiring surgery
Male, 24: Motorcyclist hit by vehicle
Our client was going straight on through a green light on his motorcycle when he was struck by a car coming from the opposite side making a left turn.
Injuries: Fractured right femur, ruptured testicle that had to be removed
Male, 34: Motorcyclist hit by vehicle
Our client was side swiped by 81-year-old defendant driver.
Injuries: Surgery for carpal tunnel syndrome
Male, 24: Motorcyclist loss of control
Our client laid down his motorcycle after he claimed the car being driven by the defendant went through a stop sign.
Injuries: Shoulder injury
Road Rage Incident
Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.
Hit and Run
Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.
Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.