Uptick in NYC Motorcycle Accidents
Fatal motorcycle accidents in New York City are up a terrifying 75 percent. According to the Daily News, NYC has seen 35 motorcycle deaths in 2020 compared to 20 recorded at this time last year. The most recent motorcycle tragedy involved a beloved Queens DJ and father fatally struck by a BMW while riding in South Ozone Park. Authorities report the motorcyclist was attempting to turn at an intersection when the car collided with his vehicle. In the same week, a teen from the Bronx was killed in another motorcycle accident after rear-ending a double-parked car in Hunts Point. While riding a motorcycle in NYC has been considered dangerous for decades, the risk of fatal injuries has skyrocketed due to pandemic-related factors. New Yorkers are struggling to adjust to the increase in street congestion and outdoor dining areas taking up portions of the road. Despite these new road hazards, people are not driving any safer, leaves vulnerable motorcyclists, pedestrians, and bicyclists at risk of life-threatening injuries. As safety and health advocates, we believe in the importance of teaching motorcyclists about their rights when they are injured in an accident. In this article, we will review the most current citywide trends leading to an increase in motorcycle accidents and the steps motorcyclists can take if they become a victim of a crash. Pandemic-Related Risk Factors for Motorcyclists Motorcyclists frequently suffer the brunt of serious and fatal traffic accidents, particularly on roads as lively as NYC. At any given time, cars, trucks, pedestrians, bicycles, motorcyclists, busses, and dozens of other pack the streets. It only takes a minor error or reckless maneuver to cause a horrific accident. The pandemic has done motorcyclists zero favors when it comes to safer roads. Months of people quarantining at home and switching to remote working long-term has led to an uptick in motorcycle riding at all times of the day. Yet, drivers of other motor vehicles are operating with the same carelessness as before, paying little attention and giving little leeway to motorcycles who approach them on the street. Additionally, more pedestrians, bicycle riders, and people looking to avoid public transportation are crowding NYC streets more than ever. The cool fall weather is bringing more tourists than the city has seen in a while. When street conditions become more active, drivers become more aggressive. They make quick turns, fail to look before they merge, and often miss motorcycles when focusing on their own trips. NYC Motorcycle Accident Stats Motorcyclists, similar to pedestrians and bicyclists, are incredibly vulnerable on busy and congested roads. According to the New York City Motorcycle Safety Study: Only 2% of registered vehicles in NYC are motorcycles, yet motorcycle accidents account for at least 14% of fatal traffic accidents in NYC; NYC has a motorcycle fatality rate of nearly double the rate of New York State; Riders between the ages of 20 and 24 have the highest rates of fatal motorcycle accidents; Around 166 people time in New York State every year in crashes; About 4,000 people are treated in emergency rooms across the state for injuries sustained in motorcycle accidents; and NY motorcyclists are 37 times more likely to die in a crash than drivers of other motor vehicles, while NYC motorcyclists are 50 percent more likely to die in a collision. Driver negligence is the leading cause of fatal motorcycle accidents across the state. When truck drivers and passenger vehicles refuse to share the road, motorcyclists pay the price with their lives. Motorcycles are constantly bumped, smashed, and pushed off the road and onto sideways. They are often not taken seriously when approaching intersections, even when they have the right of way. Studies have also shown that speeding is the most significant predictor of motorcycle accidents, both in frequency and severity. Vehicles that are speeding have less time to avoid colliding with motorcycles, and the full force impact of a car against a motorcyclist can cause injuries that are not survivable. Common Motorcycle Accident Injuries Compared to occupants of other motor vehicles, motorcycle riders have little to no protection from injuries. This factor alone often results in motorcycle riders suffering from severe injuries that are permanent and disabling, including: Broken bones and fractures; Traumatic brain injuries; Road rash; Third and second-degree burns; Spinal cord injuries; Ligament and tissue damage; Amputations; and Facial injuries requiring reconstruction. Some motorcycle injuries can be reduced by wearing protective gear while riding, such as helmets, padded clothing, gloves, and eye protection. However, when a truck or passenger car is speeding down a busy road striking a motorcyclist at full speed, there is often little that can be done to save them. What Motorcyclists Can Do To Stay Safe While drivers must do their part to help protect other motorists on the road, there are several steps motorcyclists can take to help reduce their risk of an accident: Drive the speed limit or slower to allow cars ample time to see you approaching; Always drive sober; Approach intersections very carefully; Perform regular maintenance on your vehicle to avoid malfunctions; Make sure cars are slowing or stopping to allow you the right of way before you make a turn; Try to avoid driving in weather than increase your risk of slipping, such as rain and snow; Choose the best motorcycle for your experience; and Always use your turn signals to alert others of your intention. What To Do After A Motorcycle Accident Whether you’re seriously injured or in shock, it can be hard to think clearly about what to do in the aftermath of a motorcycle crash. First, it’s essential to know that you have rights, especially if your accident was caused by negligence. Insurance may not cover all of the damages you sustain after a crash. If your injuries are severe or require life-long care, you could be looking at thousands or even tens of thousands of dollars in future medical bills and treatments. Although you won’t know if your accident is eligible for a claim
Should I File a Police Report After an Accident in NY
On any given day, hundreds of motor vehicle accidents occur in New York City. Local police departments cannot possibly send an officer to the scene of every crash. However, this doesn’t mean that drivers are off the hook when filing an accident report. New York State law requires all drivers to file an accident report with the local police within 10 days of a crash, no matter how minor or insignificant. Filing an accident report with the police is not the same as filing an insurance claim, and many drivers who have fallen victim to this error have paid the price down the line. Determining when and how you should file a police report for a vehicle accident can be confusing, particularly when excessive damage or injuries cloud your mind. In this blog, we will describe the types of accident reports required by New York State, when they should be filed, and what resources you can use to stay compliant for future legal claims. Types of Accident Reports in NY There are two types of police reports used in New York to record the occurrence of an accident: MV-104A (Police Accident Report): This form is the official report submitted by a police officer who responds to the scene of an accident. This form is submitted by the officer and may not require the driver to complete additional steps. MV-104 (Civilian Accident Report): This form is the report drivers are expected to fill out if there is no responding officer to the scene of an accident, or if an officer requires a driver to compete these forms after providing the MV-104A form and the Exchange of Information form. The reports are submitted to the New York Department of Motor Vehicles (D.M.V.) by the drivers via online, mail, or in person. New York drivers should always call the local police immediately after a crash occurs to assess damage and injuries. If your accident is minor, police officers may not be able to respond if they are experiencing a high volume of calls. But this decision should be left up to the department, not the drivers, to help avoid future complications with your accident claim. The two types of accidents that generally require police to be physically present for the filing of a report include: An accident that involves an injury or fatality; and An accident that results in over $1,000 in property damage. Even when a crash is minor, calling police officers to the scene can be beneficial if your accident is expected to result in further legal matters. Police officers are trained in filing accident reports, protecting the scene of an accident, gathering witnesses, and ensuring drivers receive the medical care they need if an injury occurs. They can provide a third-person perspective about the cause of an accident that drivers may not be able to provide, especially in the case of an injury. How To File an Accident Report Filing an accident report in New York can be more complicated than you think. MV-104 forms require several pieces of information pertaining to an accident that drivers are expected to gather, including: Vehicle registration information; Driver license information; Accident location; Description of vehicle damage(s); Names of all individuals who were involved in the accident, types of injures, and causes of injuries; and Insurance information. Drivers who are struggling to file an MV-104 may consider contacting a motor vehicle accident attorney for assistance, primarily if the accident resulted in excessive damage or injuries. An experienced accident attorney understands the requirements needed to file a successful accident report. They can easily navigate you through the process and avoid common errors known for reducing your chances of securing fair compensation. Consequences of Not Filing a Police Report When vehicle damage or injuries occur due to a car accident, a police report needs to be filed within the 10-day timeline. Insurance companies can dispute accident claims that are filed without police reports or with police reports filed late. In some cases, drivers who fail to file an accident report can also be charged with a misdemeanor and run the risk of having their license and/or registration suspended. How to Get a NY Accident Report An accident report can be a crucial piece of evidence when it comes to seeking compensation after a motor vehicle accident. Filing an accident report can help illustrate liability, document the severity of injuries, and provide an account of overall damages sustained in a collision. New York drivers are required to file a written police report after a car accident within 10 days of an accident occurring. Missing this deadline can result in your claim being denied and While insurance companies routinely obtain copies of accident reports to process insurance claims, New York drivers who are filing personal injury claims may also need to request copies of these reports to support their case. Accessing accident reports is not a complicated process. However, how you obtain these documents can differ based on where your accident took place, the type of officer who filed the report, and the format you require the report to be in. Find more information on accessing your police report after an accident here. New York City and Long Island Motor Vehicle Accident Attorneys Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using past experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less. If you or a loved one has been injured in a motor vehicle accident due to the negligence of another, our team at Siler & Ingber is here to help. With a
Daylight Savings Dangers: How To Keep New Yorkers Safe In The Dark
Today marks the end of Daylight Savings and the start of danger to come. An uptick in motor vehicle accidents around this time of the year puts everyone on the road at risk. As New Yorkers prepare for darker days ahead, these are the risk factors you need to know to keep your family safe on the streets. Driving In The Dark Fall and winter continue to be the most deadly seasons to drive. Dark roads significantly compromise essential driving functions such as visibility, depth perception, color recognition, and peripheral vision. Without light from the sun, drivers are left to rely on their headlights to guide the way. But even these tools are not enough to prevent accidents. Nighttime accidents occur at three times the rate of daytime accidents. According to the National Safety Council, a driver’s visibility in the dark is limited to 250 feet with normal headlights. This provides drivers with far less time to react to road hazards, even when a driver is paying attention. NYC motorists can increase their visibility at night by using the following safety methods: Keep headlights clean and aimed correctly at the road; Dim dashboard lighting to reduce glare; Wear anti-reflective glasses; Clean windshields and keep clear of items or hanging decor; Keep your speed slow; and Stay alert behind the wheel (no distractions). Turning on the high beams can increase a driver’s visibility by another 250 feet, but they’re not always safe to use. These bright lights can blind pedestrians and other motorists in your path. Use them accordingly and when they pose the least harm to others. Fatigued Drivers A one hour change to your sleep schedule may affect your driving more than you think. According to the National Sleep Foundation, our internal circadian biological clock regulates our periods of sleepiness and wakefulness throughout the day. When the sun rises, our body starts to wake. When the sun sets, our body becomes tired. Unfortunately, the demands of our modern schedules have little place for circadian rhythm. With the end of Daylight Savings, millions of people will be behind the wheel and struggling to stay awake. Drowsy drivers are more likely to swerve, nod off, shift lanes, and have reduced reaction times, all actions known for leading to accidents. Rush hour can also prove to be especially hazardous, with cars sitting in long lines of dark traffic for hours at a time. Drivers in these situations may nod off from waiting or enter a mental autopilot mode that blinds them to others on the road. More than 60 percent of American adults admit to driving while drowsy, and 37 percent admit to falling asleep behind the wheel- don’t become a statistic. If you are too tired to drive, pull over, and take a rest. Don’t stay up late on Saturday to account for the one hour of extra sleep. And if you are finding you’re often too tired to drive, consider another mode of transportation to reduce your risk. Aggressive Driving Aggressive drivers do not typically change their behaviors when driving in the dark. Reckless driving at night can drastically increase the severity of injuries in a car accident. Drivers have less time to spot hazards and stop for pedestrians or cyclists when it is dark, even more so if they are speeding or performing blind turns. You may not think you are an aggressive driver, but reckless behaviors are contagious. According to the Governors Traffic Safety Committee, these are the driving behaviors you should be avoiding: Sharp turns; Speeding; Hard braking; Fast accelerations; Risky lane maneuvers; Turning without signaling; Honking your horn; and Yelling or gesturing to other drivers on the road. Try to stay calm and relaxed on the road and put your pride in the backseat. Don’t escalate a situation. Move safely out of the way is a driver is using reckless behaviors and ignore harassing gestures. If a driver is showing extremely concerning behaviors, report them to local law enforcement. Dusk and Darkness Activity levels in NYC do not decrease after the clocks fall back. NY Department of Transportation (DOT) officials report November to March continues to be the most dangerous time of the year for pedestrians and cyclists in NYC. Between shorter days, darker walking conditions, and inclement weather, these New Yorkers are left fighting for their lives during their daily and nightly commutes. In its fourth year running, the Vision Zero Dusk and Darkness safety campaign aims to spread awareness about the safety concerns with shorter days and earlier sunsets on the road. Beginning with the “Day of Awareness” last week, street teams across the city kicked off the campaign by engaging with drivers and pedestrians about the dangers of nighttime travel. These officials visited some of the most problematic areas of the city, prone to high rates of nighttime accidents, to encourage residents to stay alert. With the official start of the Dusk and Darkness campaign, New Yorkers may notice a few changes on the streets including, Increased law enforcement; Emphasis on reckless driving violations; Radio ads during evening commutes to remind drivers to stay alert; and Safety posters across the city to spread awareness of nighttime road dangers. Speeding, left-hand turns, and failure to yield are the leading culprits of vehicle accidents after dark. To reduce these hazards, Vision Zero officials and the NYPD encourages all motorists to do the following: Slow Down: People who drive 25 MPH or slower are better able to avoid crashes at night. Don’t Cut Corners: Turns faster than 5 MPH put pedestrians and cyclists at risk. Look Closely: Driver’s vision drops tenfold as night falls. Always watch for pedestrians and cyclists. Stay Safe After Dark Pedestrian fatalities are skyrocketing around the country. According to the most recent statistics from the National Highway Traffic Safety Administration, pedestrian fatalities are higher than they have been in almost 30 years. More than 6,280 pedestrians were killed in traffic accidents in 2018, the highest percentage occurring after dark. Pedestrians can