A woman was riding on the back of a motorcycle through the town of Indian Lake in Hamilton County earlier this month when the man operating the motorcycle lost control, sending her into the guardrail. Tragically, the man died at the scene of the motorcycle accident, and the woman was rushed by an air ambulance to Albany Medical Center. It is currently unknown how serious her injuries are or whether she is expected to recover.
No mater how unfortunate it is that the man who was driving the motorcycle died, the woman may have a viable personal injury claim against his estate. New York motorists, be they drivers, motorcyclists or truckers, have a duty to their passengers. When a motorist is negligent, reckless or careless and injures his or her passenger, the motorist can be held liable for any injuries caused. As this woman recovers in Albany, she may wish to file a lawsuit against the estate of the man who seemingly caused her accident.
The 44-year-old motorcyclist was riding north with the woman, passing through Indian Lake on state Route 30. Sadly, as he approached a curve, he lost control of the motorcycle, causing it to fall over. The bike then slid into the guardrail, injuring both the motorcyclist and his passenger.
The Hamilton County Sheriff's Office is continuing to look into the accident. As more information becomes available, it may make it easier for the woman and her motorcycle accident attorney to decide whether to pursue a personal injury lawsuit.
Source: Utica Observer-Dispatch, "Frankfort man dead after motorcycle crash," July 7, 2013