Motorcycle Accidents

Published on: June 26, 2024

Court orders new trial for past pain damages in motorcycle accident case. Melnick v. Chase 148 A.D.3d 1589 (N.Y. App. Div. 2017)

by Stephen Bilkis

In a personal injury case, “pain and suffering” refers to the physical and emotional distress experienced by the plaintiff due to their injuries. It encompasses the immediate and ongoing discomfort, anguish, and limitations caused by the accident. This includes physical pain from injuries such as fractures, sprains, or internal trauma, as well as emotional suffering like anxiety, depression, or loss of enjoyment of life activities.

Future pain and suffering, on the other hand, pertains to the anticipated physical and emotional distress the plaintiff is likely to endure as a result of their injuries in the future. It considers the long-term impact of the injuries on the plaintiff’s life, including any ongoing medical treatments, chronic pain, or permanent disabilities that may affect their quality of life. Courts evaluate future pain and suffering based on expert medical testimony and evidence presented during the trial to predict the extent and duration of these future hardships.

In legal terms, both types of pain and suffering are elements of non-economic damages sought in personal injury claims. They aim to compensate the plaintiff for the intangible losses and hardships endured due to the defendant’s negligence or wrongful conduct, beyond quantifiable economic losses like medical expenses or lost wages.

Published on: June 26, 2024

Insurance coverage denied due to discrepancy in insured business activities. Hermitage Ins. Co. v. TAC Blacktop, Inc. 2015 N.Y. Slip Op. 31516 (N.Y. Sup. Ct. 2015)

by Stephen Bilkis

In a recent legal dispute, Hermitage Insurance Company sought a declaratory judgment against TAC Blacktop, Inc. regarding coverage under a policy issued to TAC. The case involved two personal injury actions stemming from a motorcycle accident allegedly caused by TAC’s paving activities. Hermitage moved for summary judgment, asserting that TAC’s operations exceeded the scope of coverage defined in the insurance policy.

Insurance companies only insure activities explicitly within the scope of the policy, as outlined in detailed classifications and coverage limitations. In this case, Hermitage Insurance argued that TAC Blacktop’s paving activities, which involved covering a trench on a roadway, fell outside the policy’s designated classifications for driveway, parking area, or sidewalk paving. This precise delineation is important because insurance policies are crafted to mitigate specific risks associated with defined operations. The allegations highlight how deviations from these specified activities can lead to coverage disputes.

Background Facts

Published on: January 30, 2013

Victim is Hospitalized for Thirteen Days

by Stephen Bilkis

On 12 August 2003, a Staten Island woman, who was insured by a certain insurance company, was involved in a motor vehicle accident. She was driving her van when she made a left turn directly into the path of a motorcycle operated by a certain man. The impact caused the operator of the motorcycle (the victim) to be ejected and landed about nineteen feet away. Thereafter, the Manhattan police and paramedics arrived and the victim was taken to the hospital, and it was determined that he sustained serious injuries. The victim stayed in the hospital for thirteen days, and was later transferred to a nursing home.

After the said incident had occurred, the aforesaid woman immediately reported the car accident to her insurance company. In response, the insurance company assigned someone to handle the claim (the agent), who spoke generally about the accident with the said woman (the insured woman); ascertained that neither the insured nor her daughter, who was in the van with the woman at the time of the accident, was injured; advised her that she had $10,000 coverage limits, that is, $10,000 in property damage coverage and $10,000 in bodily injury coverage; and concluded that the insured was probably at fault in causing the accident. After that, the agent assigned attempted to call the victim, who was still in the hospital, but was unable to reach him. The agent then ordered an appraisal of the victim’s motorcycle and assigned that portion of the damage claim to the insurance company’s claim service center in Virginia.

On 18 August 2003, the insurance agent received a call from an attorney (lawyer-one), who indicated that he was representing the victim. However, ten days later, lawyer-one notified the agent that he was no longer representing the victim and provided him with a notice of his attorney’s lien.

Published on: May 13, 2012

23 Year Old Man Killed in Car Accident

by Stephen Bilkis

A young man from Lumberton was killed on Saturday morning. The accident involved a single car on Route 206 and happened during the early hours of Saturday morning.

The 23 year old driver was declared dead at the scene. He died of his injuries before the emergency services could arrive, explains a Lawyer. The man was pronounced dead at 1:52 AM according to the contents of a police report.

The man was driving on the southbound carriageway of Route 206. Other drivers said that he wasn’t able to negotiate his car around a corner. This caused his Ford Fusion to come off the road and flip over. The car slammed into a utility pole which caused extensive damage to the car.

Published on: April 26, 2012

Car Crash Victim is saved by Police Air Support

by Stephen Bilkis

A man who was seriously injured in a serious car crash in Lancashire is grateful that he is still alive. He is about to visit the Lancashire Constabulary’s Air Support Unit to personally thank the crew which were responsible for saving his life.

The 19 year old driver was involved in a traffic incident. He crashed into a tree while he was riding a motorcycle in October 2010.

Normally in these circumstances the Air Ambulance would be called to transport the patient to hospital, explained a Lawyer. However, the air ambulance was not available at the time. Instead, the fast thinking police decided to use the police helicopter. They used their police helicopter to pick up the patient and send him to the Royal Blackburn Hospital.

Published on: March 11, 2012

Motorcycle Involved in Car accident Kills Two

by Stephen Bilkis

A car accident which happened in Cumberland County has killed two people and left one other with serious injuries. The accident involved several vehicles including a car, pickup truck and three motorcycles. This was a serious accident, but the policeman explains that the accident could have actually been much worse under other circumstances.

The crash happened at about 2:00 PM along Route 347. The state police which attended the scene explained that the Dodge Ram was traveling on the southbound carriageway and was unable to negotiate a corner. This caused the vehicle to cross over into the other lane on the other side of the road. At this point the driver hit two motorcycles before stopping close to the guardrail.

The first motorcycle rider was a 53 year old man. He was transported to a large hospital by helicopter. He was said to have life threatening serious injuries which required treatment. The passenger of this motorcycle was pronounced dead at the scene before any medical care could be provided. The driver remains in a critical condition at the hospital and is still receiving treatment.

Published on: February 1, 2012

Motorcycle fatalities recall other serious accidents on Route 110

by Stephen Bilkis

A motorcyclist was seriously injured after being involved in a road traffic car accident. The motorcyclist was going for a short ride along route 110.

The motorcyclist was so badly injured that she suffered from short term memory loss. She cannot remember anything that happened on the lead up to the accident. Her memory for the whole month has actually been affected.

According to a report read by a reporter, a witnesses saw the car accident as it happened. Another driver in a car was trying to make a U turn in the road, where it is not permitted. The motorcyclist was traveling at 40 miles per hour, which was well within the speed limit of the area. This means that she had no chance of stopping in time because by the time the car was seen, it was already too late.

Published on: January 19, 2012

Car Accident Injured Motorcyclist

by Stephen Bilkis

A man was injured when his motorcycle was hit from the side by a car. The impact of the accident caused the rider to be thrown from the motorcycle.

The emergency services were quick to arrive on the scene. They cared for the rider and put him onto a backboard and in a neck brace explains the authority. This is common procedure whenever anyone is involved in a car accident which could result in back or neck injuries. Police were also called to the scene as it was thought to be a serious accident; however they left when they discovered that it was not as serious as it was first thought.

The injuries of the motorcyclist were thought to be very serious as he was placed in a neck brace, and back board. He was then transported to hospital very quickly in an Ambulance. However, when he arrived at hospital his injuries were fully assessed. It was discovered that his injuries were not as serious as first thought.

Published on: January 10, 2012

Fatal Car Accident Kills Popular Fire Chief

by Stephen Bilkis

A fire chief was killed on Saturday Afternoon when his motorcycle was crashed into by a car. This left him with live threatening injuries and he died soon after the car accident.

According to a report read by a policeman, the accident happened at about 4:25 PM on Saturday afternoon. The Portland police department was quick to respond to the scene of the accident.

The Fire Chief was immediately air lifted to hospital. He arrived at Parkview Hospital but as pronounced dead on arrival.

Published on: September 23, 2011

Two Officers Involved in Vehicular and Motorcycle Accidents

by Stephen Bilkis

Two police officers riding motorcycles were injured in separate accidents in Atlanta, Georgia on a Tuesday evening around 9pm. Both accidents happened within minutes of each other, reports a New York Injury Lawyer. One officer suffered minor injuries while other will have to undergo surgery after fracturing one of his legs. The drivers of the vehicles involved in the accidents were charged with failing to yield when turning left and failing to yield for an emergency vehicle.

The first accident occurred as the officer was on his way to help with crowd dispersal after a basketball game. The driver failed to yield before making a left turn and crashed into the motorcycle. The second accident occurred as the other officer was responding to the first accident. The driver in this accident failed to stop to let the motorcycle cross the street first. The car crashed into the motorcycle, says a New York Car Accident Lawyer. Both police officers were transported to the same local hospital for treatment.

A group of officers visited the hospital afterward to their condolences. Fortunately, no other vehicles or people were injured in these accidents. Both officers are expected to make full recoveries. The drivers of the cars involved in these accidents did not suffer any injuries. It is unclear at this time if drugs or alcohol played a part in either of these accidents, according to a New York Injury Lawyer. Failure to obey the rules of the road can have major consequences as the drivers of these vehicles discovered. Motorcycle accidents are common in Long Island and Westchester County where highways are plentiful.