When a car makes a lane change causing your motorcycle accident, it’s almost always the fault of the car because the driver did not see your motorcycle.
The driver may have looked in the side view mirror but that has a blind spot. Without turning around to look at the traffic coming from behind, there was no way this driver could have seen the motorcycle.
This car moved one lane to the right impacting the motorcycle. The driver never turned to look for traffic.
In this type of accident, there is nothing the motorcyclist can do to avoid the accident other than to sound the horn and yell but often, the driver is oblivious. This is a case where we will likely file a motion for summary judgment after depositions, to get a court order ruling that the driver was 100% at fault. If we are awarded summary judgment, you are entitled to 9% interest.
You can see a car changing into the lane of this motorcyclist
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Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different
Philip L. Franckel, Esq. is one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association. Mr. Franckel is well-known in New York for representing motorcyclists and created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®.
Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York. Robert began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.