Experienced Motorcycle Accident Lawyer Tom Schimmerling

experienced binghamton ny motorcycle attorney

Many will argue that riding a motorcycle provides a sense of freedom and exhilaration that no four-wheeled vehicle can match. However, motorcycle riders also face higher risks in the event of a crash.

According to the NYS DMV, motorcycle accidents are on the rise, with motorcycle accidents representing over 18% of all motor vehicle crashes in New York State in 2021.

If you or a loved one have been injured in a motorcycle accident that was caused by the negligence or wrongful actions of another party, Tom Schimmerling and the legal team at Schimmerling Injury Law will vigorously pursue maximum compensation for your injuries, financial losses, and emotional suffering.

I was in a motorcycle accident in march of 2021. Tom and his team worked hard and diligently to present the best possible outcome for this lawsuit. Every lawsuit takes time. But with patience and hard work they got it done. If I could select ten stars I would. Anyone injured on a motorcycle, reach out to Schimmerling injury law offices. Can’t thank you guys enough!
-Mark Anthony
Verified Google Review

As accomplished motorcycle accident attorneys with over 45 years of experience exclusively representing injured riders across in the greater Binghamton and Ithaca regions, our firm has a proven track record of securing six and seven-figure settlements and verdicts for our clients.

Whether your crash involved passenger vehicles, road hazards, or complex liability issues, you can count on Tom to build a strong case on your behalf. We have developed trusted relationships with accident reconstruction experts, medical specialists, and industry professionals who provide crucial testimony strengthening your claim and your family's financial recovery if an accident leaves you unable to work.

Types of Motorcycle Accidents We Handle in the Greater Binghamton Region

Motorcycle accident defense is not a simple issue. There are numerous types of accidents that might occur when it comes to motorcycles, drivers and riders. From single motorcycle accidents to multiple vehicle crashes, Attorney Tom Schimmerling and his professional staff handle everything.

  •   Single motorcycle crashes
  •   Multiple vehicle crashes
  •   Wrongful death motorcycle accidents
  •   Defective parts resulting in motorcycle accidents
  •   Any other type of motorcycle accident

Accidents can occur at any time, no matter how careful the driver of a motorcycle is. The road conditions at any given time might be unknowingly dangerous. Other drivers might not pay attention. A faulty piece on a bike might result in brakes not working or even a rider being thrown from the bike on a turn a faulty piece of equipment on the bike cannot handle.

What should be a fun and exciting way to spend some free time always has the potential of turning dangerous at any moment, and our staff knows that anyone involved in a motorcycle accident needs an experienced attorney with knowledge and expertise to get you the compensation you deserve.

Determining Fault After a Motorcycle Crash

Cars, trucks and SUVs often collide with motorcycles in intersection accidents, rear-end accidents, and lane change accidents due to drivers failing to notice or appropriately yield to bikes. However, fault is not always clear cut, especially during the chaos that often ensues at the scene of the accident. As your motorcycle accident attorney, our team will thoroughly investigate:

  •   Were unsafe road conditions or improperly designed infrastructure factors involved in the collision?
  •   Did a defective motorcycle part malfunction, causing loss of control?
  •   Was the rider partially liable by engaging in negligent behavior like speeding or illegal passing?

Securing evidence requires rapid response, technical capabilities, experience, and legal resources. Our motorcycle accident law firm works closely and quickly with investigators to preserve critical data before cleanup crews wash away skid marks, remove debris, or conduct repairs.

determining fault motorcycle accident

Through strategic partnerships with qualified accident reconstruction experts, bio-mechanical engineers, and other specialists, we determine the root cause by:

  •   Photographing and diagramming the exact positioning of vehicles, property damage, and final rest positions from multiple angles
  •   Documenting roadway curvature, gradients, visibility, signs, and controls
  •   Identifying and measuring yaw marks, tire marks, scrapes, dents that indicate sudden braking or swerving
  •   Inspecting equipment damage and deformation patterns pointing to speed and force of impact
  •   Downloading EDR/ECM data from autos and motorcycles pointing to speeds and emergency braking
  •   Reviewing police reports and citations issued
  •   Researching driver history and training qualifications if commercial vehicles are involved

Some cases warrant hiring specialized experts to perform further analysis, such as recreating the crash scene digitally to model alternate sequences. Our firm works with both well-established experts and emerging leaders across accident investigation specialties. No case receives "cookie cutter" treatment and Tom will customize an approach for your unique situation.

Pinpointing Liability in Complex Motorcycle Accident Cases

While many motorcycle accidents involve a simple collision with a passenger vehicle that fails to share the road safely, in some cases complex legal arguments need to be investigated including:

Unsafe Road Conditions

Poorly maintained pavement, absence of barriers/markings, malfunctioning signals, blind corners, steep slopes and other dangers may constitute governmental negligence if the riders crash while avoiding hazards or lose control due to unsafe infrastructure design elements caused by neglect. As your motorcycle accident attorney, our team investigates county/municipal compliance with regards to state regulations and industry standards.

Mechanical Defects

Equipment defects can occur even with the most well-maintained bikes on the road. Your legal team at Schimmerling Injury Law will immediately secure the motorcycle involved in the crash and engage qualified mechanics to inspect critical systems like tires, emissions controls, steering, suspension, brake lines, electrical systems and crash avoidance technology components implicated in the crash.

In certain cases, we consult NTSB investigation guidelines and issue spoliation letters prohibiting destruction of evidence. Findings of defective design, insufficient safety guards or warnings, etc. help us strengthen legal claims if manufacturers or dealerships should be sharing liability.

Commercial Vehicles / Employer Negligence

Truck drivers, delivery vehicles, waste removal services and other businesses must adhere to strict Federal regulations given large vehicle size and greater accident severity. If hazardous driving, overloaded trailers, poorly maintained equipment, or inadequately trained drivers contribute to a motorcycle crash, companies can share fault.

As your counsel, I have the ability to subpoena driver logs, employment records, maintenance invoices, corporate policies, training materials and other evidence to prove negligence within the company or firm.

Most Common Motorcycle Accident-Related Injuries

The simple fact of the matter is that many people do not walk away from a motorcycle accident. It’s even more dangerous for those who do not wear helmets while riding; the injuries are typically severe and often life-changing. It’s a risk that anyone who rides a bike takes, but that doesn’t make riding one any more different than taking up any other number of dangerous sports or activities.

Put simply, those who ride motorcycles know that if they are hit by a car, turn too sharply and are thrown from their bike or involved in any other type or crash, they could be seriously injured for life – or even killed. Our team knows that the family of the victim, the victim himself and anyone else who’s life is changed and forever altered because of a motorcycle accident deserves a fair chance at being compensated when the accident is the fault of someone else.

experienced binghamton ny motorcycle attorney

Injuries related to motorcycle accidents are numerous. Nothing is unheard of, but there are several injuries that are far more likely to occur than others when a person is hit on a bike.

Road Rash

It just sounds painful. Anyone who has ever had something like a carpet burn from falling down playing with the kids or playing with a sibling growing up has a small glimmer into what the pain of road rash really looks like. It’s when a person’s body is dragged along the asphalt or concrete and scraped, ripped apart and made raw. The term “raw meat,” is often used to describe the type of road rash that is often suffered by those who ride motorcycles, and it’s far more damaging to many than just a simple rash. This is an injury that can be relatively minor to exceptionally serious; and sometimes it takes more than just a little bit of rest to recover from it.

Broken Bones

As it could happen in any accident, broken bones are a common injury associated with those who are in a bike accident. From being thrown from bikes, hit by cars, falling onto their bones when they fall from their bike or even brace themselves before hitting the road, broken bones happen more often than not when a motorcycle accident occurs. For many, the bones heal easily without too much issue. Unfortunately, other broken bones are so serious that they take years to heal, and some don’t even heal properly.

Brain Injuries

When a motorcyclist rides a bike, it’s common sense to wear a helmet. However, it’s not always required. There are many states that do not require you to wear a helmet when you ride, and even then there are addendums that specify even more specific rules and regulations regarding helmets. Those who don’t wear helmets are far more prone to traumatic brain injuries than those who do, but even those with helmets are not always protected against brain injury. When a brain injury occurs, chances that it can be handled and you can return to your normal life without any side effect or issues are also slim, which is why we handled these cases

Spinal Cord Injuries

Spinal cord injuries are dangerous. While some can be overcome and fixed with medical help, others are more likely to leave a person paralyzed. Motorcycle accidents are much more likely than almost any other type of accident to result in this type of injury, too, which makes it one of the most dangerous forms of entertainment in the world. This can happen during even the most seemingly minor accident, and it can change your life forever.


Another common injury in a motorcycle accident is burns. Burns can have one of the most significant effects on your body from leaving small scars to requiring you need tissue and skin grafts. They can leave you unable to feel certain parts of your body, they can leave you with permanent damage you cannot fix, and they can leave you with emotional scars from the state of your appearance as well as the shocking constant reminder of the horror your endured during this accident.


Sadly, many motorcycle accident victims lose body parts. Whether it is an arm or a leg or even just a finger, it happens more often than not. When you have nothing around your body to protect you from vehicles and other dangers on the road during an accident, it’s not uncommon for your appendages to become stuck or twisted so badly that they require amputation.

Eye Injuries

Even bikers with helmets on can be subject to eye injuries. Whether it’s a piece of glass getting into the eye, a piece of equipment, or just the damage that is done to the head in an accident, eye injuries and permanent blindness are some of the most common injuries associated with motorcycle accidents.

No matter how big, small or serious an injury is, you deserve compensation to help you pay for your medical bills, to help you deal with the recovery period and to help you handle the cost of expenses should the victim of the accident not survive his or her injuries.

Many of the injuries that occur during a motorcycle accident are long-lasting, leaving you out of work, with mounting medical bills and oftentimes unable to pay for the damages that are incurred in the recovery process. Don’t let this happen to you; call our offices for the help you need and compensation you deserve. 

Call Our Offices for A Free Consultation With Tom

Attorney Tom Schimmerling and his team are here to help you when there is a motorcycle accident in your life. You are entitled to help paying for medical bills and expenses that you might not be able to afford when someone else is at fault for an accident, and we are here to help you.

Tom and the staff at Schimmerling Injury Law is available anytime to talk to you about your needs, to discuss your options and to hear your story. Call us today for a free consultation so that we may begin helping you through the healing process that you should not have to go through if it were not for someone else’s carelessness.

You May Also Like...

The Most Common Causes of Motorcycle Accidents in Binghamton NY

The Most Common Causes of Motorcycle Accidents in Binghamton NY

Riding a motorcycle can provide an unparalleled sense of freedom and adventure as you explore the open roads. However, operating a motorcycle also comes with serious safety risks. In fact, motorcyclists are roughly 28 times more likely to die in crashes compared to those in passenger cars. By understanding the most ...

What to do After a Motorcycle Accident in Binghamton NY

What to do After a Motorcycle Accident in Binghamton NY

Riding a motorcycle can be an exhilarating experience for many. The feel of the open road, the wind in your hair, the roar of the engine - it's pure freedom. But motorcycle accidents can and do happen whether it’s in Binghamton NY or across the nation.   ...