Skip to main content

Motorcyclist Left With Serious Injury After Being Hit By Drunk Driver

Buffalo NY – Drinking and driving played a role in a motorcycle accident that took place in Amherst recently. According to Amherst Police, the motorcyclist, Joshua Karczewski, 31, suffered a leg injury after being hit by a drunk driver.

Karczewski was taken to Erie County Medica lCenter, where he was listed in serious condition. Accidents of this nature can lead to permanent and painful injuries. Mr. Karczewski was hit on Main Street and Spindrift Drive in Williamsville, NY. The driver of the car, 48-year-old Patrick H. Burke, was charged with vehicular assault and failure to yield the right of way. Mr. Burke was also charged with driving while intoxicated after the Saturday morning accident.

Brian Knauth, an attorney with Jeffrey Freedman Attorneys says, “When this case is sued, the allegations will include the negligent operation of a motor vehicle. Additional  allegations will include operating a motor vehicle under the influence of alcohol, failing to yield the right of way and failing to see the motorcycle.”

The amount of insurance coverage always plays a significant role in any lawsuit. The at-fault driver’s property damage insurance would cover damage to the motorcycle. If the motorcyclist was without no fault benefits, which is likely, a claim against the driver may include pain and suffering, past and future medical expenses, past and future lost income, and loss of enjoyment of life. According to Knauth the value of a claim could potentially be high, depending on the amount of liability insurance carried by the driver.

“The driver could be carrying only the minimum $25,000 in liability coverage or may carry more. If the plaintiff has surgery or permanent injuries, the value of the case would be significantly higher. If he was employed and cannot work for a period of time, lost wages would increase the value,” Knauth says.

There is a specific time frame for lawsuits in cases like these, with papers needing to be filed within 3 years of the accident. The venue for a lawsuit would be the New York State Supreme Court in Erie County.

The Amherst Police Accident Investigation Unit is currently working on this investigation.