Jerry Diaz, 24, was killed in a motorcycle accident after he was struck by a driver, who police say, was under the influence at the time. According to a report in Newsday.com, the fatal collision occurred at the intersection of Nesconset Highway and New Moriches Road in Stony Brook early morning on Sept. 6. Diaz was on a motorcycle going west on the highway when a pickup truck making a left turn from New Moriches Road hit him. Diaz was pronounced dead at the scene, officials said. The driver of the pickup truck, 25-year-old Mark Anthony Giordano, was charged with driving while intoxicated. The investigation is ongoing.
DWI Laws in New York
In New York, driving under the influence is referred to as Driving While Intoxicated (DWI), and it carries strict penalties. A driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, the state enforces a zero-tolerance law at 0.02% BAC.
New York law also prohibits Driving While Ability Impaired (DWAI), which applies when a driver’s BAC is between 0.05% and 0.07% or when drugs impair safe driving. Although DWAI is a lesser charge than DWI, it can still result in fines, license suspension and jail time. Penalties for DWI increase with repeat offenses.
In New York, a driver who causes an accident while driving while intoxicated (DWI) can face both criminal penalties and civil liability. Criminal charges may include fines, license suspension or imprisonment, especially if injuries are severe. Beyond criminal law, intoxicated drivers may be held financially responsible for victims’ injuries, damages and losses.
Left-Turn Accidents Involving Motorcycles
One of the most common and dangerous types of motorcycle crashes occurs when another vehicle makes a left turn in front of an oncoming rider. These accidents often happen at intersections where a driver misjudges the motorcyclist’s speed, fails to yield or simply does not see the motorcycle. Because motorcycles offer little protection, left-turn collisions frequently result in severe injuries such as fractures, traumatic brain injuries or spinal damage. In many cases, the turning driver is at fault for failing to yield the right of way.
Left-turn accidents are also among the deadliest types of motorcycle collisions, accounting for a significant percentage of rider fatalities each year. The results of such collisions can be devastating — head-on impacts or side collisions at intersections often cause catastrophic injuries such as traumatic brain injuries, internal bleeding, or spinal cord damage, which may prove fatal. Unlike car occupants, motorcyclists have no protective barrier, meaning the force of impact is absorbed almost entirely by the rider. Even when wearing helmets and protective gear, the likelihood of a fatal outcome in a left-turn crash remains high.
Contacting an Experienced Lawyer
Injured victims of negligent (careless) drivers can seek compensation from at-fault parties for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families that have lost loved ones in car accidents can seek compensation for damages such as lost future income, medical and funeral costs, pain and suffering, etc.
If you or a loved one has been injured in a motorcycle accident, or if you have lost a loved one in an auto accident caused by a negligent (careless) driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. We also recovered $1,500,000 for a lady who was hurt by a bus.
We also obtained $295,000 out of a $300,000 insurance policy in compensation for the victim of a bicycle dooring accident (where a car door opens into the path of a bicyclist). One of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases. Also, we got a $1,400,000 verdict in a motorcycle accident.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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Source: https://www.newsday.com/long-island/fatal-crash-motorcycle-xhqy4ncl