New York Motorcycle Accidents Lawyer

Being involved in a motorcycle accident can cause devastating, life-altering injuries. Unlike car occupants, motorcyclists lack the protective barriers of a vehicle, making them more vulnerable to serious harm. Furthermore, motorcyclists are more prone to accidents from road conditions and inclement weather. Injuries sustained from these accidents are usually serious and can include head injuries, spinal injuries, the loss of limbs, and bone fractures. Depending on the severity of the injury, a victim of a motorcycle accident may face permanent disabilities, the loss of a job, and enormous medical expenses.

Victims of motorcycle accidents may be eligible for compensation to cover medical expenses, lost wages, and other financial burdens resulting from their injuries. Due to the complexities of liability and insurance laws, injured motorcyclists must understand their legal options. Pursuing a claim can be challenging, but knowing the rights available under New York law is essential to securing fair compensation.

What Are the Common Types of Motorcycle Accidents?

Motorcycle accidents can happen suddenly and often result in severe injuries due to riders' lack of structural protection. Many of these crashes are caused by the negligence of other drivers, hazardous road conditions, or motorcycles' unique handling characteristics.

• Left-Turn Collisions: A common accident occurs when a driver turns left in front of a motorcyclist, failing to yield the right of way. This typically happens at intersections when drivers misjudge the speed of an approaching motorcycle or fail to see it all together. Left-turn collisions often result in serious injuries, as motorcyclists may be ejected from their bikes upon impact.
• Lane Splitting Accidents: Riding between lanes can be hazardous if other drivers are unaware of a motorcyclist’s presence. Since lane splitting is not explicitly legal in New York, riders who engage in this practice face increased risk, as vehicles may suddenly shift lanes or open doors. Limited space between vehicles also increases the chance of side-swipes and collisions.
• Rear-End Collisions: Even minor impacts can cause severe injuries if a motorcycle is struck from behind. Unlike car occupants, motorcyclists have no rear protection, making them vulnerable to whiplash, spinal injuries, or being thrown into traffic. Distracted or aggressive drivers who follow too closely increase the likelihood of rear-end crashes.
• Head-On Collisions: These crashes are particularly dangerous and often fatal due to the high speeds and direct impact involved. Head-on collisions frequently occur when a driver drifts into oncoming traffic or attempts an unsafe passing maneuver. Motorcyclists in these crashes often suffer catastrophic injuries, such as traumatic brain injuries or internal organ damage.
• Road Hazard Accidents: Uneven pavement, potholes, and debris pose more significant risks for motorcycles than for larger vehicles. A small crack or oil slick that a car can easily navigate may cause a motorcyclist to lose control and crash. Poor road maintenance and construction zones with unexpected obstacles contribute to many single-vehicle motorcycle accidents.
• Dooring Accidents: When a driver opens a car door without checking for oncoming motorcycles, the results can be catastrophic. Motorcyclists may be forced to swerve into traffic or collide directly with the door, leading to fractures, head injuries, or ejection from the bike. Dooring accidents are prevalent in urban areas where motorcycles frequently ride near parked cars.
• Speed-Related Accidents: High-speed crashes often result in more severe injuries and fatalities. Motorcyclists have less time to react to road hazards, sudden stops, or reckless drivers when speeding is involved. Excessive speed also increases the force of impact, leading to life-threatening injuries, including spinal cord damage and multiple fractures.

What Are the Common Causes of Motorcycle Accidents?

Motorcycle accidents in New York are often caused by factors involving driver negligence, environmental hazards, or mechanical failures. The following are common causes of motorcycle accidents:

• Distracted Driving: Motorists frequently engage in distractions like texting, using smartphones, eating, or adjusting in-car controls, leading to reduced awareness of motorcycles. Under New York Vehicle and Traffic Law (VTL) § 1225-d, using a handheld electronic device while driving is illegal. However, despite this law, distracted drivers may still fail to notice motorcyclists due to their smaller size and reduced visibility on the road, increasing the risk of collisions.
• Speeding: Excessive speed is a leading cause of motorcycle accidents. Drivers and motorcyclists who exceed posted speed limits reduce their ability to react to sudden changes, such as stopped vehicles or pedestrians. Speeding also increases the force of impact, leading to severe injuries. According to VTL § 1180, drivers must adhere to posted speed limits and adjust their speed to account for road conditions. Failure to do so creates significant dangers, particularly for motorcyclists, who lack the protection of enclosed vehicles.
• Impaired Driving: Operating a vehicle under the influence of alcohol or drugs is a significant risk factor in motorcycle accidents. Impairment reduces judgment, coordination, and reaction time. New York's "Zero Tolerance" law, under VTL § 1192, prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher for adults and imposes even stricter limits for commercial drivers and those under 21. Despite these laws, impaired driving remains a major contributor to motorcycle collisions.
• Failure to Yield: Drivers frequently fail to yield the right of way to motorcyclists, especially at intersections and during left-hand turns. According to VTL § 1141, vehicles making left-hand turns must yield to oncoming traffic, including motorcycles. However, motorcycles’ smaller size and visibility challenges often lead to drivers misjudging their speed or failing to see them, causing severe collisions.
• Road Conditions: Poor road maintenance and hazardous conditions, such as potholes, uneven surfaces, and debris, disproportionately affect motorcyclists. Under New York Highway Law § 139, municipalities and state agencies have a duty to maintain safe roadways. Failure to fulfill this duty may make these entities liable for accidents caused by dangerous road conditions. Motorcyclists are particularly vulnerable to losing control on roads with loose gravel, wet surfaces, or construction zones.
• Vehicle Blind Spots: Motorcycles often occupy a vehicle’s blind spots, particularly on highways or multi-lane roads. Drivers who fail to check blind spots before changing lanes or merging put motorcyclists at significant risk. New York’s VTL § 1128 requires drivers to ensure their movements can be made safely before changing lanes, but failure to check mirrors and blind spots remains a frequent cause of motorcycle accidents.

Can I Sue for My Motorcycle Accident Injuries?

In New York, injured motorcyclists have the legal right to sue for damages if the accident was caused by another party’s negligence and resulted in serious injuries. The ability to pursue a claim hinges on demonstrating that the defendant’s negligent actions directly caused the accident and that the injuries meet the criteria established by New York’s serious injury threshold under Insurance Law § 5102(d). This provision defines serious injuries as those resulting in significant disfigurement, bone fractures, permanent loss or limitation of a body organ or function, or injuries that prevent the victim from performing daily activities for at least 90 of the 180 days following the accident.

In Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345 (2002), the New York Court of Appeals clarified the definition of a serious injury under New York's No-Fault Law. In a case where the plaintiff alleged significant limitations or permanent impairment due to injuries sustained in a motor vehicle accident, the court held that subjective complaints of pain were insufficient to meet the legal standard. Instead, a plaintiff must provide objective medical evidence, such as MRI results, physician assessments, or range-of-motion testing, to establish a substantial limitation of use or permanent impairment. The court emphasized that conclusory statements from medical providers without supporting clinical findings do not satisfy the serious injury threshold.

While this case involved an automobile accident, its principles apply equally to motorcycle accidents. Motorcyclists seeking compensation for serious injuries must present clear medical documentation demonstrating the extent of their injuries and their impact on daily activities. Courts require objective proof of impairment, making medical records, imaging studies, and physician evaluations critical in proving damages. This decision underscores the importance of obtaining comprehensive medical assessment and documentation when pursuing a motorcycle accident claim.

To successfully bring a lawsuit, the injured party must establish the following elements of negligence:

1. Duty of Care: The defendant owed a legal duty to others on the road, including the motorcyclist, to operate their vehicle reasonably. For example, all drivers are expected to follow traffic laws, such as adhering to speed limits and yielding the right of way, as mandated by the New York Vehicle and Traffic Law.
2. Breach of Duty: The plaintiff must show that the defendant violated their duty of care by engaging in unsafe behaviors, such as speeding (VTL § 1180), running a red light (VTL § 1111), driving while distracted (VTL § 1225-d), or failing to check blind spots before merging or turning (VTL § 1128). These actions represent a failure to exercise reasonable care.
3. Causation: It must be demonstrated that the defendant’s breach of duty was the direct and proximate cause of the motorcycle accident. This means the defendant's actions set off a chain of events that led to the injuries, which would not have occurred for the defendant's negligence.
4. Damages: The injured party must provide evidence of actual harm caused by the accident. This includes tangible economic losses, such as medical bills, rehabilitation costs, lost wages, property damage, and non-economic damages like pain, suffering, and diminished quality of life.

If you suffered serious injuries due to another party's negligence, filing a personal injury lawsuit can provide a pathway to recover compensation for your losses. It is important to note that New York follows a pure comparative negligence system under CPLR § 1411. This means that even if the motorcyclist was partially at fault for the accident, they could still recover damages. However, the award would be reduced by their percentage of fault.

While this case involved a truck accident claim, the ruling in Rodriguez v. City of New York, 31 N.Y.3d 312 (2018), applies broadly, including to motorcycle accidents. The New York Court of Appeals held that a plaintiff’s comparative fault does not prevent the court from granting summary judgment on liability. The plaintiff does not need to prove the absence of their negligence to establish that the defendant was at fault. Instead, suppose the plaintiff shows that the defendant’s negligence was a substantial factor in causing the accident. In that case, the court can determine liability, leaving the extent of comparative fault and damages to be decided separately.

This principle is significant in motorcycle accident cases. Even if a motorcyclist is found partially responsible—such as for failing to signal or riding at an unsafe speed—they can still pursue a determination that another party’s negligence played a role in the crash. This ruling ensures that motorcyclists can hold at-fault parties accountable and seek compensation without their potential negligence being used as a complete defense by the other party. It reinforces the importance of proving liability first, allowing injured riders to recover damages despite shared responsibility. For example, if a motorcyclist was found 20% at fault for an accident and the total damages amounted to $100,000, the motorcyclist would still be entitled to recover $80,000.

Given the complexity of proving negligence and meeting the serious injury threshold, consulting an experienced New York motorcycle accident lawyer is vital to ensure that all legal requirements are met and to maximize the likelihood of a successful outcome.

What Are the Common Injuries Suffered in a Motorcycle Accident?

Motorcyclists are particularly vulnerable to serious injuries due to the lack of structural protection. Common injuries include:

• Traumatic Brain Injuries (TBI): TBIs are a significant concern for motorcyclists, even when helmets are used. Studies indicate that head injuries are a leading cause of death in motorcycle crashes, accounting for over 50% of fatalities. Additionally, data from the National Highway Traffic Safety Administration (NHTSA) reveals that 15% of hospital-treated helmeted motorcyclists suffered TBIs, compared to 21% of unhelmeted riders. These statistics highlight the critical importance of helmet use and other safety measures to mitigate the risk of severe head injuries.
• Spinal Cord Injuries: Spinal cord injuries (SCIs) can have devastating, lifelong consequences for motorcyclists. These injuries often result from high-impact crashes, ejections from the bike, or direct trauma to the spine. According to Wang, Pintar, Yoganandan, and Maiman (2001) in The Continued Burden of Spine Fractures After Motor Vehicle Crashes, published in the Journal of Trauma: Injury, Infection, and Critical Care, spinal injuries occur in approximately 11.2% of motorcycle accidents. The thoracic spine is the most commonly affected region, accounting for 54.8% of these injuries, followed by the lumbar spine at 29.4% and the cervical spine at 27%. Multiple vertebral levels are affected in 42.9% of cases. In severe instances, SCIs can lead to paralysis, chronic pain, or permanent loss of mobility, drastically altering a victim’s ability to work and maintain independence.
• Fractures and Broken Bones: Motorcycle accidents frequently result in bone fractures, as riders lack the protective barriers of cars. The arms, legs, ribs, and pelvis are particularly vulnerable due to direct impact with another vehicle or the ground. Studies show that lower limb fractures are among the most common motorcycle-related injuries, often requiring surgery, physical therapy, and long recovery periods. Open fractures, where the bone pierces the skin, increase the risk of infection and complications. Courts have recognized the serious nature of these injuries, awarding substantial compensation in cases where negligent drivers caused accidents leading to severe fractures.
• Road Rash: Road rash is a common but serious injury in motorcycle accidents, occurring when a rider slides across the pavement after being ejected from their bike. These friction burns and abrasions can range from minor scrapes to deep wounds that expose muscles and bone. Severe, third-degree road rash often requires skin grafts, reconstructive surgery, and long-term wound care to prevent infection and scarring. In addition to physical pain, riders may experience permanent disfigurement, which can have psychological and emotional impacts. Infection is a significant risk, particularly if gravel, dirt, or debris becomes embedded in the wound. Many motorcycle accident lawsuits have included compensation for extensive medical treatment and cosmetic surgery to address the effects of road rash.
• Internal Injuries: Blunt-force trauma from motorcycle accidents can cause internal injuries, which are often life-threatening because symptoms may not be immediately visible. The lungs, liver, spleen, and kidneys are particularly vulnerable, as they can rupture upon impact, leading to internal bleeding and organ damage. A ruptured spleen, for example, can cause severe hemorrhaging, requiring emergency surgery. Pneumothorax (collapsed lung) is another serious consequence of chest trauma, impairing the victim’s ability to breathe.
• Limb Amputation: Motorcycle crashes can cause crushed or severely damaged limbs, sometimes leading to surgical amputation. High-speed accidents, head-on collisions, and being pinned beneath a vehicle increase the risk of traumatic limb loss. Even if the limb is not amputated at the scene, vascular damage, severe fractures, or soft tissue destruction may require surgical removal to save the victim’s life. Above-the-knee and below-the-knee amputations are the most common types, with long-term effects including phantom limb pain, loss of mobility, and psychological trauma.
• Soft Tissue Injuries: Soft tissue injuries in motorcycle accidents include torn ligaments, muscle strains, sprains, and whiplash, which can cause long-term pain and mobility issues. Unlike fractures, soft tissue injuries are not always visible on X-rays, making them harder to diagnose and prove in injury claims. Whiplash, common in rear-end collisions, can cause severe neck and shoulder pain, headaches, and reduced range of motion. Torn ligaments in the knees or shoulders may require surgery and extensive rehabilitation. Insurance companies often downplay soft tissue injuries, making legal representation crucial to obtaining fair compensation. Symptoms may not appear for days or weeks, but untreated injuries can lead to permanent stiffness, weakness, and reduced function. Seeking immediate medical care and documenting symptoms is critical for recovery and legal claims.

Medical care for these injuries can be expensive, making legal action essential for securing financial relief.

What Compensation Can Motorcycle Accident Victims Receive?

Motorcycle accidents often result in devastating consequences, leaving victims to face physical, emotional, and financial hardships. When another party’s negligence causes these injuries, New York law allows victims to pursue compensation to help rebuild their lives. This compensation can address the profound effects of the accident, offering a path toward justice and recovery.

• Medical Expenses: Victims may be compensated for all past and future medical costs related to the accident, including emergency room visits, surgeries, hospital stays, physical therapy, prescription medications, and specialized care such as chiropractic treatment or home health services. This also includes anticipated future medical expenses if the injuries require ongoing treatment or result in permanent disability.
• Lost Wages: If the victim cannot work due to their injuries, they can recover the income lost during their recovery period. This includes wages, salaries, bonuses, and other compensation the victim would have earned if the accident had not occurred. Proper documentation, such as pay stubs or employer statements, is crucial for proving this claim.
• Loss of Earning Capacity: For victims whose injuries prevent them from returning to their prior job or force them to take a lower-paying position, compensation may be awarded to account for diminished earning potential. This often requires expert testimony from vocational or financial experts to estimate future income losses throughout the victim’s career.
• Pain and Suffering: This category compensates victims for the physical pain, emotional trauma, and psychological distress caused by the accident and its aftermath. Examples include anxiety, depression, post-traumatic stress disorder (PTSD), and the loss of enjoyment in life due to physical limitations. Courts assess pain and suffering based on factors like the injuries' severity and impact on the victim's daily life.
• Property Damage: Victims can seek reimbursement for the repair or replacement of their motorcycle and other damaged property, such as helmets, clothing, or electronic devices. Estimates from repair shops or receipts for replacement items are typically used to substantiate this claim.
• Wrongful Death: If a motorcycle accident results in a fatality, surviving family members may file a wrongful death claim. Compensation may cover funeral and burial costs, loss of financial support, and non-economic damages like loss of companionship or emotional support. New York's wrongful death statute (EPTL § 5-4.1) governs these claims, ensuring that eligible family members can seek justice for their loss.

Who Can I Sue for Motorcycle Accident Injuries?

Determining liability in a motorcycle accident depends on the specific circumstances of the crash. In many cases, more than one party may be responsible, and identifying the liable party is critical for recovering damages. Depending on the facts, potential defendants may include:

• Negligent Drivers: Motorists who engage in reckless driving, speeding, texting, or other distracted behaviors can be held liable if their negligence caused the crash. New York Vehicle and Traffic Law § 1146 requires drivers to exercise due care to avoid collisions with motorcyclists, bicyclists, and pedestrians. A driver who violates this duty and causes injury may face civil liability and criminal penalties in severe cases.
• Government Entities: If hazardous road conditions, such as potholes, uneven pavement, or poorly designed intersections, contributed to the accident, the municipal agency responsible for roadway maintenance may be held liable. However, lawsuits against government entities require compliance with strict procedural rules, including the Notice of Claim requirement under N.Y. Gen. Mun. Law § 50-e. This statute mandates that injury claims against public entities be filed within 90 days of the accident. Failure to meet this deadline can bar the claim entirely. Not only is it essential for a Notice of Claim to be filed within 90 days, but it is also critical for it to be accurate. In Yanus v. State, 937 N.Y.S.2d 825 (N.Y. Ct. Cl. 2011), the court reviewed a case in which a claimant filed a Notice of Claim that contained an error regarding the location of a motorcycle accident. The claimant stated that the accident occurred on a road in the City of Rochester. However, evidence showed that the accident happened at the intersection of West Ridge Road and Long Pond Road in the Town of Greece. The court held that this error made the Notice of Claim insufficient under New York law. The law requires that the Notice include the time, place, and nature of the incident. If the Notice of Claim does not meet these requirements, the claim may be dismissed, even if corrections are offered later. Working with a New York motorcycle accident lawyer can help ensure that all filing rules are followed and that the claimant’s right to seek compensation is maintained. This case shows that an accurate Notice of Claim is key to preserving a claimant’s opportunity for relief. While a municipality would be the most obvious defendant in a claim involving a defective roadway, other parties besides the municipality responsible for road maintenance may also be liable. For example, in McKay v. Finger Lakes Traffic Control LLC, 2021 N.Y. Slip Op. 33371 (N.Y. Sup. Ct. 2021), the plaintiffs pursued claims against contractors under New York law, which allows liability when contractors create or worsen hazardous conditions. The plaintiff presented evidence that the road surface and signage did not meet New York State Department of Transportation specifications, with expert testimony supporting claims that these conditions contributed to the crash. The court found that the contractor had failed to adhere to proper safety guidelines, resulting in an unreasonably dangerous condition that directly contributed to the plaintiff’s accident. The decision emphasized that contractors can be held liable when their negligence in construction or maintenance creates foreseeable risks to motorists, reinforcing the duty of care owed to road users.
• Manufacturers (Product Liability): If a defect in the motorcycle or its components—such as faulty brakes, defective tires, or a malfunctioning throttle—contributed to the crash, the manufacturer may be responsible under New York’s product liability laws. Plaintiffs may bring claims based on strict liability, negligence, or breach of warranty. To succeed, the injured party must show that the defect existed when the product left the manufacturer and that it directly caused the accident and injuries.
• Bars and Restaurants (Dram Shop Liability): Under N.Y. Gen. Oblig. Law § 11-101, businesses that serve alcohol to visibly intoxicated individuals can be held liable if the intoxicated person later causes an accident. This applies to bars, restaurants, and liquor stores that provide alcohol unlawfully. Establishing liability under the Dram Shop Act requires proving that the vendor knowingly served alcohol to someone who was already intoxicated and that this intoxication directly contributed to the crash.

Will Insurance Cover My Injuries?

Motorcycle accident victims in New York face unique challenges when seeking compensation for their injuries. Unlike standard automobile accidents, motorcyclists are not covered by New York’s no-fault insurance law (N.Y. Ins. Law § 5102). This means that motorcyclists must rely on their insurance policies or pursue claims against at-fault parties to recover medical expenses, lost wages, and other damages. The types of insurance coverage that is available for motorcycle accident injuries include:

Liability Insurance (N.Y. Veh. & Traf. Law § 313 & N.Y. Ins. Law § 3420). Liability insurance covers damages if the other driver is at fault for the accident. In New York, all motorists, including motorcyclists, must carry minimum liability insurance to cover bodily injury and property damage:

• $25,000 per person for bodily injury ($50,000 for death)
• $50,000 per accident for bodily injury ($100,000 for death)
• $10,000 per accident for property damage

If another motorist causes your accident, their liability insurance should cover your medical expenses and other losses. However, additional coverage options may be necessary if they lack adequate insurance.

Uninsured/Underinsured Motorist Coverage (UM/UIM) (N.Y. Ins. Law § 3420(f)). Uninsured/Underinsured Motorist (UM/UIM) coverage protects motorcyclists if the at-fault driver:

• Has no insurance (uninsured motorist)
• Has insufficient coverage to pay for damages (underinsured motorist)
• Fled the scene of the accident (hit-and-run)

This type of coverage is not required for motorcyclists in New York but is strongly recommended because motorcycle injuries are often severe and expensive to treat. If the at-fault driver lacks insurance, victims may also be eligible to seek compensation from the Motor Vehicle Accident Indemnification Corporation (MVAIC) (N.Y. Ins. Law § 5208).

Motor Vehicle Accident Indemnification Corporation (MVAIC). If the at-fault driver in a motorcycle accident lacks insurance, victims may still have options for recovering compensation through the MVAIC under N.Y. Ins. Law § 5208. The MVAIC was established to provide financial relief to individuals injured in accidents involving uninsured, underinsured, or hit-and-run drivers when no other insurance coverage was available. While motorcyclists in New York are not covered under the state’s no-fault insurance system, they may still be eligible to file a claim through the MVAIC under specific conditions. To qualify for MVAIC compensation, a motorcyclist must meet the following criteria:

1. The accident occurred in New York State.
2. The at-fault driver was uninsured or left the scene of the accident (hit-and-run).
3. The victim does not have access to other applicable insurance coverage.
4. The claim is filed within 90 days for hit-and-run accidents or within one year if the at-fault driver is uninsured.

Victims can seek compensation for medical expenses, lost wages, and pain and suffering, but the MVAIC has specific limits on payouts. Unlike a conventional lawsuit against an insured driver, the maximum compensation available through the MVAIC is $25,000 per injured person and $50,000 per accident for bodily injury claims.

Country-Wide Ins. v. Wagoner, 57 A.D.2d 498 (N.Y. App. Div. 1977) involved a dispute over whether the MVAIC was required to provide coverage for a wrongful death claim. The petitioner sought compensation from MVAIC after Darrel R. Kenyon died in a motorcycle accident while riding as a passenger on an uninsured motorcycle. Kenyon lived with his parents, who had an automobile insurance policy with uninsured motorist coverage. However, their insurer denied coverage, claiming the policy did not apply to motorcycle accidents.

MVAIC argued that the petitioner failed to establish Kenyon as a "qualified person" under Insurance Law § 5202(A)(2) because he was covered under his parents' insurance policy. The court agreed with MVAIC, ruling that Kenyon was an "insured" under his parents' policy and, therefore, not eligible for MVAIC coverage. The court emphasized that uninsured motorist coverage applies to household members unless explicitly excluded. The court denied the application since the petitioner did not produce the insurance policy, proving Kenyon lacked coverage.

This case reaffirmed that MVAIC serves as a last resort for uninsured motorist claims and does not cover individuals who qualify for other insurance. It also highlighted the importance of proving uninsured status when seeking MVAIC benefits.

Given the strict eligibility requirements and filing deadlines, working with an experienced New York motorcycle accident lawyer is essential to ensure compliance with MVAIC regulations and maximize recovery.

Medical Payments Coverage (MedPay) (N.Y. Ins. Law § 5103). MedPay coverage helps pay for medical expenses from a motorcycle accident, regardless of who was at fault. This optional coverage can help cover hospital stays, doctor visits, surgery costs, physical therapy, and ambulance fees. Unlike health insurance, MedPay does not require copays or deductibles, making it a valuable supplement to traditional coverage. Unlike health insurance, MedPay does not require copays or deductibles, making it a valuable supplement to conventional coverage.

Collision Coverage (N.Y. Ins. Law § 5102(d)). Collision coverage pays for motorcycle repairs or replacement after an accident, regardless of fault. This type of coverage can be especially important if:

• The other driver does not have insurance
• You were involved in a single-vehicle crash (e.g., hitting debris or skidding on ice)
• The at-fault party disputes liability

Without collision coverage, motorcyclists may be responsible for paying out-of-pocket for damages to their bikes.

Personal Injury Protection (PIP) Coverage Not Available. New York follows a no-fault insurance system. In most auto accidents, injured parties file claims through their PIP coverage rather than suing the at-fault driver. However, motorcyclists are excluded from no-fault coverage under N.Y. Ins. Law § 5103. This means that if a motorcyclist is injured in an accident, they cannot rely on PIP benefits to cover medical expenses, lost wages, or other economic losses, regardless of fault.

What Should I Do Immediately After a Motorcycle Accident?

After a motorcycle accident, follow these steps to protect yourself and your legal rights:

1. Prioritize Your Safety: If possible, move to a safe location and check for injuries. Even if you feel fine, some injuries may not be immediately apparent.
2. Seek Medical Attention: Call 911 and request emergency medical assistance. A medical evaluation is crucial for both your health and your injury claim.
3. Contact Law Enforcement: File an accident report with the police. This documentation will serve as key evidence in your case.
4. Collect Evidence: Take photos of the accident scene, vehicle damage, road conditions, and any visible injuries. If possible, gather witness contact information.
5. Avoid Admitting Fault: Do not discuss fault with the other parties involved or insurance representatives. Even a simple apology could be used against you later.
6. Seek Legal Advice: Contact an experienced motorcycle accident attorney serving New York to discuss your rights and options for seeking compensation.

Frequently Asked Questions (FAQs)

Q: How long do I have to file a lawsuit for my motorcycle accident injuries?

A: Under New York's statute of limitations (CPLR § 214), you generally have three years from the date of the accident to file a personal injury lawsuit. If a fatality occurs, the deadline for a wrongful death claim is two years from the date of death under EPTL § 5-4.1.

Q: Can I still recover compensation if I am partially at fault?

A: Under New York’s pure comparative negligence rule (CPLR § 1411), you can recover damages even if you are partially at fault. However, your compensation will be reduced by your percentage of fault as determined by a judge or jury.

Q: What if the at-fault motorcycle operator is uninsured or underinsured?

A: If the at-fault driver lacks adequate insurance, you may seek compensation through your uninsured/underinsured motorist (UM/UIM) coverage under N.Y. Ins. Law § 3420. If you do not have UM/UIM coverage, you may be eligible to file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).

Q: What if the motorcycle operator is from out of state?

A: If the at-fault motorcyclist is from another state, you can still file a claim in New York if the accident occurred within the state. New York’s long-arm jurisdiction rules (CPLR § 302) allow claims against out-of-state drivers when their actions lead to harm within New York.

Q: What happens if the other driver leaves the scene of the accident?

A: If the at-fault driver fled, report the hit-and-run to law enforcement immediately. You may still recover compensation through your uninsured motorist coverage (N.Y. Ins. Law § 3420) or the MVAIC if no other insurance is available.

Q: Will my health insurance cover my injuries from a motorcycle accident?

A: Health insurance can help cover medical expenses if you have no-fault coverage, but you may need to reimburse your insurer if you receive a settlement. If you have MedPay coverage, it may also cover medical costs regardless of fault.

Q: Can a passenger sue for injuries in a motorcycle accident?

A: Passengers injured in a motorcycle accident can file claims against the at-fault party, whether the motorcycle operator or another vehicle’s driver. If both parties share fault, the passenger may file claims against both.

Q: What if the insurance company denies my claim?

A: If an insurer denies your claim, you can challenge the decision through an appeal or litigation. An experienced motorcycle accident attorney in New York can review your case, gather evidence, and negotiate with the insurer to secure fair compensation.

Contact Stephen Bilkis & Associates

If you or a loved one has been seriously injured in a motorcycle accident, you deserve a legal team that is dedicated to protecting your rights and securing the compensation you need. The experienced motorcycle accident attorneys serving New York at Stephen Bilkis & Associates understand the unique challenges motorcyclists face after an accident and are committed to providing strong legal representation. Time is critical in motorcycle accident cases, as evidence can fade and legal deadlines apply. Do not wait to take action. Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We serve accident victims and their families in the following locations: Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.

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