In some parts of the world, this motorcycle crash acronym stands for Sorry, Mate, I, Didn't See You. Another common acronym, TBFTL (Turned But Failed to Look) does not have the same ring. Furthermore, SMIDSY captures the cavalier mindset that many drivers have after they hit motorcycle riders. These tortfeasors (negligent drivers) are quick to blame motorcycle riders for these wrecks, even though the riders usually did nothing wrong.
SMIDSY crashes are not just a catchy phrase. They are a serious problem. In terms of vehicle collisions, the motorcyclist fatality rate is twenty-nine times higher than the vehicle occupant fatality rate. Even if the victims survive, they normally suffer permanent and debilitating injuries. More on that below.
Seriously injured victims are in no shape to go to war against insurance company lawyers. And make no mistake about it, the fight for fair compensation is a very tough contest. Insurance companies usually fight injury claims tooth and nail. Unless you have a tough New York motorcycle wreck lawyer on your side, your chances of obtaining maximum compensation are slim to none.
Head injuries are usually the most serious and common type of motorcycle injuries. These wounds kill over 50,000 Americans every year. Swelling related to a trauma injury gradually enlarges the brain, slowly pressing it against the skull.
This physiology is also why brain injuries are so common in motorcycle wrecks, even if the victim wore a helmet. But helmets are largely useless against motion-related head injuries.
Most people assume that the brain fits snugly inside the skull, like a hand in a glove. But that's not true. The skull is basically a large watertank which suspends the brain inside a pool of cerebrospinal fluid.
The force of a collision almost always propels riders off their bikes. When they fall and land hard, their brains slam against the insides of their skulls. Therefore, many of these victims have serious head injuries, but they have few or no outward symptoms of such injuries. As a result, they do not receive prompt on proper treatment, and their conditions deterriorate.
That deterrioration drives up the cost of corrective surgery and subsequent physical therapy. If the victim has a late-stage brain injury, doctors must often perform highly-invasive surgery to reduce brain swelling and save the victim's life. Furthermore, the more extensive the brain injury, the more difficult it is for physical therapists to train uninjured areas of the brain to take over lost functions.
All this medical attention sounds expensive, and it is expensive. Auto insurance companies usually drag their feet in these matters. Health insurance companies often refuse to pay these costs, for liability reasons. As a result, the victim could be left holding the bag.
So, an attorney sends letters of protection to medical providers. These letters guarantee payment when the case is resolved. Therefore, providers defer billing, or at least collections, until that point. As a bonus, a letter of protection gives a New York personal injury lawyer negotiating leverage. Most attorneys can reduce the amount due. That could mean the victim keeps more of the settlement money.
Other common motorycle wreck injuries, like brachial plexus nerve injuries ("Biker's Arm"), are not life-threatening. But thet have similar diagnossis and treatment issues. So, it's important that qualified medical professionals handle your injuries, from start to finish.
As outlined below, compensation is available for these injuries. However, it would be best for everyone, especially the victims, if these wrecks didn't happen in the first place. The IDSY portion of SMIDSY causes a significant number of motorcycle collisions. To increase their visibility, many riders try hacks, like:
However, there's no hard evidence that these hacks are effective. In fact, they might only antagonize motorists who don't much like motorcycle riders to begin with.
Left-turn SMIDSY wrecks account for about a third of all motorcycle collisions. The proportion is probably higher in New York City. The Big Apple's narrow streets are clogged with large vehicles. This environment impedes driver vision.
Typically, a tortfeasor (negligent driver) is waiting to make an unprotected left turn against traffic. Due to the aformentioned visibility problems, the motorist does not see an approaching motorcycle. So, the tortfeasor turns directly into the rider's path. At that point, a collision is normally inevitable.
SMIDSY lane change wrecks are quite common as well. Most riders who have gone down in these situations probably heard the other driver say something like "You came out of nowhere" or "I never saw you." But tortfeasors cannot blame these wrecks on riders, at least in most cases. Instead, these excuses are essentially admissions that the driver failed to maintain a proper lookout.
To obtain compensation, the victim/plaintiff must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
The lack of care could be a lack of ordinary care or a lack of statutory care. The duty of ordinary care requires motorists to maintain a proper lookout and otherwise drive defensively. Evidence on this point includes the aforementioned excuses, tortfeasor's erratic driving prior to the wreck, and physical evidence, like impact damage points. If a first responder issues a citation to the other driver, s/he could be responsible for damages as a matter of law, thanks to the negligence per se rule. Any additional evidence is usually admissible in terms of the amount of compensation.
Common insurance company defenses in these cases include comparative fault and last clear chance. Comparative fault shifts responsibility for the accident from the tortfeasor to the victim. For example, an insurance company lawyer might argue that the rider's excessive speed, as opposed to the tortfeasor's illegal turn, substantially caused the wreck. Last clear chance excuses liability if the rider had the last clear chance to avoid the SMIDSY or other wreck, perhaps by suddenly chaning lanes, but failed to do so. There's a big difference between the last clear chance and any possible chance.
Motorcycle wrecks usually cause serious injuries. For a free consultation with an experienced personal injury attorney in New York, contact the Pianko Law Group, PLLC. Our main office is conveniently located near Battery Park.