Brooklyn Motorcycle Accident Lawyer

If you’ve been injured in a motorcycle accident in Brooklyn, you need an experienced attorney who understands the unique challenges these cases present. Motorcycle accidents often result in severe injuries because riders lack the protection that vehicle occupants have. At Parker Waichman LLP, we help motorcycle accident victims recover the compensation they deserve. We work on a contingency basis, which means you pay nothing unless we win your case. One critical fact many riders don’t realize: New York’s no-fault insurance system does not apply to motorcycles. This means you have the right to pursue a claim against the at-fault driver’s insurance or file a lawsuit. We offer free consultations to discuss your case and explain your legal options.

Why Choose Parker Waichman LLP for Your Brooklyn Motorcycle Accident Case

When you’re injured in a motorcycle accident, you need a law firm with the experience and resources to handle your case aggressively. Parker Waichman LLP brings over 40 years of combined attorney experience to personal injury litigation. Our firm has recovered more than $2 billion for clients across all practice areas, including substantial settlements and verdicts in motor vehicle accident cases.

We maintain a local office in Brooklyn at 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, which means we understand the streets, intersections, and traffic patterns where accidents happen in your community. Our attorneys have successfully represented Brooklyn residents in serious injury cases, including a recent significant settlement for a client injured in a trip-and-fall incident in Brooklyn. This local presence, combined with our national litigation resources, gives us a unique advantage in handling your case.

Our founding partners hold the highest professional credentials. Jerrold S. Parker, our founding partner, has 40 years of experience and holds a Martindale-Hubbell AV Preeminent rating—the highest possible rating for legal ability and ethical standards. He has been recognized by Best Lawyers in America since 2010 for excellence in personal injury litigation. Our team includes multiple attorneys with specialized experience in personal injury and motor vehicle accident cases.

We represent clients on a contingency fee basis, which means you don’t pay any upfront costs. We only get paid if we win your case through settlement or verdict. We also offer free initial consultations to evaluate your claim and discuss your legal options. Our commitment is straightforward: aggressive representation focused on maximizing your recovery.

How Motorcycle Accidents Happen in Brooklyn

Brooklyn’s busy streets create unique hazards for motorcycle riders. The borough’s heavy traffic, congested intersections, and mix of commercial vehicles create dangerous conditions that lead to serious accidents. Understanding the common causes of motorcycle accidents can help you recognize dangerous situations and protect yourself on the road.

Common causes of motorcycle accidents in Brooklyn include:

• Tailgating and unsafe lane changes by other drivers who fail to see motorcycles
• Distracted driving, including texting and phone use
• Speeding and reckless driving behavior
• Alcohol-impaired driving by other motorists
• Road hazards such as potholes, debris, and defective pavement
• Delivery vehicles and commercial trucks making sudden turns or stops
• Sideswipe accidents at intersections where drivers fail to check blind spots
• Vehicle defects affecting brakes, tires, or steering components

Many of these accidents occur because other drivers simply don’t see motorcycles. A motorcycle’s smaller profile makes it easier to miss, especially in heavy traffic or poor visibility conditions. When drivers fail to maintain proper attention or follow traffic laws, motorcycle riders pay the price with serious injuries. If you’ve been injured due to another driver’s negligence, Parker Waichman LLP can help you pursue compensation.

Injuries from Motorcycle Accidents

Motorcycle accidents produce injuries that are often more severe than those from car accidents. Without the protective shell of a vehicle, riders face direct impact with the road, other vehicles, and objects. The injuries we see in motorcycle accident cases include:

Head and brain injuries represent some of the most serious consequences of motorcycle accidents. Even with a helmet, riders can suffer traumatic brain injuries, concussions, and cognitive impairment that affect their ability to work and enjoy life. Catastrophic injuries like these require immediate medical attention and long-term care.

Spinal cord injuries and paralysis can result from high-impact collisions. These catastrophic injuries often require lifelong medical care and significantly alter a person’s quality of life. Spinal cord damage is one of the most devastating outcomes of motorcycle accidents.

Broken bones and fractures are common in motorcycle accidents. Riders often suffer fractures to the arms, legs, ribs, and pelvis as they try to protect themselves during impact.

Road rash and severe lacerations occur when a rider’s skin makes contact with the pavement at high speed. These injuries can require skin grafts and leave permanent scarring.

Amputation and loss of limbs represent the most devastating injuries. Some motorcycle accidents result in the loss of fingers, hands, arms, or legs. Amputation cases require specialized legal representation to ensure maximum compensation.

Internal organ damage, including injuries to the lungs, liver, spleen, and kidneys, can occur in high-impact collisions and may not be immediately apparent.

Permanent scarring and disfigurement affect not only a person’s appearance but also their psychological well-being and ability to work in certain professions.

Psychological trauma and post-traumatic stress disorder (PTSD) are common after serious motorcycle accidents. Many survivors experience anxiety, depression, and nightmares related to their accident.

What Compensation You Can Recover

New York law allows motorcycle accident victims to recover compensation for the full extent of their injuries and losses. The compensation available in your case depends on the severity of your injuries, the strength of liability evidence, and the insurance coverage available.

Medical expenses form the foundation of most motorcycle accident claims. This includes emergency room treatment, surgery, hospitalization, ongoing medical care, physical therapy, and rehabilitation. In cases involving serious injuries, medical expenses can reach hundreds of thousands of dollars.

Lost wages compensate you for income you lost while recovering from your injuries. If your injuries prevent you from returning to work, you can recover compensation for lost earning capacity—the difference between what you would have earned and what you can now earn given your injuries.

Pain and suffering damages compensate you for the physical pain and emotional distress caused by your injuries. This includes both past pain and suffering and future pain and suffering you will experience as you recover. Pain and suffering are often the largest component of motorcycle accident settlements.

Scarring and disfigurement damages recognize the impact of permanent visible injuries on your quality of life, employment prospects, and psychological well-being.

Permanent disability compensation addresses the long-term impact of injuries that prevent you from working or enjoying activities you did before the accident.

Home nursing care and long-term medical needs are recoverable when injuries require ongoing professional care at home.

Property damage to your motorcycle covers the cost of repair or replacement of your bike.

Punitive damages may be available in cases where the at-fault driver’s conduct was particularly reckless or intentional, such as hit-and-run accidents or driving under the influence.

New York Motorcycle Laws That Affect Your Case

Understanding New York’s motorcycle laws is essential to your case. Several legal rules directly impact your ability to recover compensation. New York personal injury law provides specific protections for motorcycle accident victims.

The most important rule for motorcycle accident victims is this: New York’s no-fault insurance system does not apply to motorcycles. This is different from car accidents. In car accident cases, your own insurance covers your medical expenses and lost wages regardless of who caused the accident. With motorcycles, you have the right to pursue a claim directly against the at-fault driver’s insurance or file a lawsuit. This gives you more control over your case and potentially access to higher compensation.

New York requires all motorcycle riders to wear a helmet and eye protection. This is the law, and it’s important for your safety. However, if you weren’t wearing a helmet at the time of your accident, this does not prevent you from recovering compensation. New York follows a pure comparative negligence rule, which we explain below.

Lane-splitting—riding between lanes of traffic—is prohibited in New York. If you were lane-splitting at the time of your accident, this could affect your case, but it does not automatically bar recovery.

New York follows a pure comparative negligence rule. This means you can recover compensation even if you were partially at fault for the accident. For example, if you were 20 percent at fault and the other driver was 80 percent at fault, you can still recover 80 percent of your damages. The amount you recover is reduced by your percentage of fault.

The statute of limitations for motorcycle accident lawsuits in New York is three years from the date of your injury. This means you have three years to file a lawsuit. If you don’t file within this timeframe, you lose your right to sue. However, if your accident involved a New York City transit vehicle or city property, you must file a notice of claim within 90 days.

Who Can Be Held Liable for Your Motorcycle Accident

Identifying all responsible parties is crucial to maximizing your recovery. In many motorcycle accidents, multiple parties share liability.

Other drivers and motorists are the most common defendants in motorcycle accident cases. This includes drivers who hit you directly or whose actions contributed to your accident.

Third-party drivers may be liable even if they didn’t hit you directly. For example, if a driver swerved into your lane, forcing you to brake suddenly, and another vehicle hit you from behind, both drivers may share liability.

Government agencies can be held liable for dangerous road conditions. If a pothole, debris, or poor road maintenance contributed to your accident, the city or state responsible for that road may be liable.

Motorcycle manufacturers may be liable if a defect in your bike—such as faulty brakes or a steering problem—contributed to the accident.

Rideshare companies and delivery services may be liable for accidents caused by their drivers.

Private employers and commercial entities may be liable for accidents caused by their employees or contractors.

Property owners may be liable if a hazardous condition on their property contributed to your accident.

How Parker Waichman LLP Handles Motorcycle Accident Cases

Our approach to motorcycle accident cases combines thorough investigation with aggressive representation. Here’s how we work for you:

We begin with a comprehensive accident investigation. Our team visits the accident scene, photographs the area, and documents road conditions, traffic patterns, and sight lines. We gather police reports and interview witnesses while their memories are fresh. This investigation establishes the facts of what happened and identifies all responsible parties.

We conduct a detailed liability analysis to determine who caused your accident and why. We review traffic laws, vehicle maintenance records, and driver history to build a strong liability case.

We collect all available evidence, including police reports, witness statements, surveillance footage from nearby businesses, and photographs of vehicle damage and road conditions. This evidence supports your claim and strengthens our negotiating position.

We consult with experts when necessary. Accident reconstruction experts can testify about how the accident happened. Medical experts can explain the severity of your injuries and your prognosis. These experts strengthen your case significantly.

We evaluate your damages thoroughly. We calculate your medical expenses, lost wages, and future medical needs. We assess your pain and suffering based on the severity of your injuries and their impact on your life.

We negotiate aggressively with insurance companies. Insurance adjusters often undervalue claims, especially motorcycle accident cases. We know their tactics, and we counter them effectively. We present evidence, expert opinions, and comparable case results to support our demand for fair compensation.

If insurance negotiations don’t produce a fair settlement, we prepare your case for litigation. We file a lawsuit and represent you through discovery, depositions, and trial if necessary. Our litigation experience gives us credibility in settlement negotiations because insurance companies know we’re prepared to take your case to trial.

Throughout your case, we work on a contingency fee basis. You don’t pay anything unless we win. We handle all costs associated with your case, including expert fees, court costs, and investigation expenses.

Frequently Asked Questions

What should I do immediately after a motorcycle accident?

Your first priority is your health and safety. Seek medical attention immediately, even if you don’t think you’re seriously injured. Some injuries, like internal bleeding or brain injuries, aren’t immediately obvious. Call the police and request a police report. In New York, you are required to report motorcycle accidents involving injury or property damage exceeding $1,000 to law enforcement. If police do not file a report, you must file a Motor Vehicle Accident Report (MV-104) with the New York Department of Motor Vehicles within 10 days of the accident. Failure to report can result in license suspension. Document the accident scene with photographs if you’re able to do so safely. Get the names, phone numbers, and insurance information from the other driver and any witnesses. Don’t admit fault or discuss the accident with the other driver. Contact Parker Waichman LLP as soon as possible so we can begin investigating your case and protecting your rights.

Can I still recover if I wasn’t wearing a helmet?

Yes, you can still recover compensation even if you weren’t wearing a helmet. New York’s pure comparative negligence rule allows you to recover damages even if you were partially at fault for the accident. However, not wearing a helmet may be considered comparative negligence, which could reduce your recovery. The insurance company may argue that a helmet would have prevented or reduced your injuries. This is why it’s important to have an experienced attorney who can counter these arguments and present evidence of your injuries and damages.

How long do I have to file a motorcycle accident lawsuit?

You have three years from the date of your injury to file a lawsuit in New York. This is called the statute of limitations. If you don’t file within three years, you lose your right to sue and your right to recover compensation. However, if your accident involved a New York City transit vehicle or city property, you must file a notice of claim within 90 days. Don’t wait to contact an attorney. The sooner we begin investigating your case, the better we can preserve evidence and build a strong claim.

What is my case worth?

The value of your motorcycle accident case depends on several factors: the severity of your injuries, the amount of your medical expenses, your lost wages, your age and earning capacity, the strength of liability evidence, and the insurance coverage available. Cases involving permanent injuries, significant medical expenses, and clear liability are worth more than cases with minor injuries or disputed liability. Parker Waichman LLP provides free case evaluations. We’ll review your accident, your injuries, and your damages to give you an honest assessment of your case value.

Do I need an attorney for my motorcycle accident claim?

Yes, you should have an attorney represent you. Insurance companies have teams of adjusters and lawyers working to minimize what they pay. They know that unrepresented claimants often accept settlements far below what their cases are worth. An experienced attorney levels the playing field. We know how insurance companies evaluate cases, what comparable cases have settled for, and how to present evidence effectively. We handle all negotiations and paperwork, allowing you to focus on your recovery.

How much does it cost to hire Parker Waichman LLP?

It costs nothing upfront. We represent motorcycle accident victims on a contingency fee basis. This means we don’t charge you any fees unless we win your case through settlement or verdict. When we do win, our fee comes from the settlement or verdict amount. This arrangement aligns our interests with yours—we only make money if you recover compensation. We also advance all costs associated with your case, including expert fees, court costs, and investigation expenses. You don’t pay these costs out of pocket.

How long does a motorcycle accident case take?

The timeline for your case depends on the severity of your injuries and the complexity of liability. Most motorcycle accident cases settle within six to eighteen months. During this time, you complete your medical treatment, we investigate the accident thoroughly, and we negotiate with the insurance company. If the insurance company refuses to offer fair compensation, we file a lawsuit. Litigation can take longer, sometimes one to three years, depending on the court’s schedule and the complexity of the case. We’ll keep you informed about the progress of your case and discuss any settlement offers with you.

Contact Parker Waichman LLP for Your Free Consultation

If you’ve been injured in a motorcycle accident in Brooklyn, don’t wait to seek legal help. The sooner you contact Parker Waichman LLP, the sooner we can begin investigating your case and protecting your rights. Call (718) 554-8055 today to schedule your free consultation. We serve motorcycle accident victims throughout Brooklyn and all of New York. Our local office is located at 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY 11201. We work on a contingency fee basis, which means you pay nothing unless we win your case. Let Parker Waichman LLP fight for the compensation you deserve.

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