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Victims of motorcycle accidents caused by another party’s negligence can pursue several types of compensation:
Economic damages compensate for measurable financial losses, including:
Non-economic damages compensate for intangible losses. These losses do not have a specific dollar value but significantly impact your quality of life:
In rare cases involving gross negligence or intentional misconduct, courts may award punitive damages. These damages are designed to punish the defendant and deter similar behavior in the future. Punitive damages might be available in cases involving drunk driving, extreme recklessness, or intentional acts.
When a motorcycle accident results in death, surviving family members can file a wrongful death claim to recover:
In New York, wrongful death claims are filed by the personal representative of the deceased’s estate. This is done on behalf of surviving family members.
The value of your motorcycle accident claim depends on multiple factors:
An experienced motorcycle accident attorney can evaluate these factors. They can provide a realistic assessment of your case’s potential value.
Our NYC personal injury lawyers brings decades of experience and over $2 billion in recoveries to every motorcycle accident case we handle. Our approach includes:
We immediately begin investigating your accident to preserve critical evidence. Our team obtains police reports, accident scene photographs, and surveillance footage. We collect witness statements. We document road conditions, traffic patterns, and other factors that contributed to the crash. This comprehensive investigation builds a strong foundation for your claim.
Complex motorcycle accidents often require expert analysis. We determine exactly how the crash occurred. We work with accident reconstruction specialists who analyze physical evidence, vehicle damage, skid marks, and other data. They create detailed reports and visual representations. These experts can testify about speed, impact forces, and causation. They provide compelling evidence of the other driver’s fault.
Motorcycle accident liability may extend beyond the driver who hit you. We investigate all potential sources of compensation, including:
Identifying all liable parties maximizes the compensation available to you. In cases involving commercial vehicles, multiple parties may share responsibility.
Insurance companies often attempt to minimize payouts. They offer quick, lowball settlements. They argue that you share fault for the accident. We handle all communications with insurance adjusters. This protects you from tactics designed to reduce your compensation. Our attorneys document the full extent of your damages. We negotiate aggressively for fair settlements that reflect the true value of your claim.
Unfortunately, prejudice against motorcyclists exists among some insurance adjusters, jurors, and even judges. Stereotypes about “reckless bikers” can unfairly influence perceptions of fault. We combat this bias by presenting evidence of your safe riding practices. We show proper licensing and training. We demonstrate compliance with traffic laws. We emphasize the other driver’s negligence. We demonstrate that you were operating your motorcycle responsibly.
While many cases settle through negotiation, some require litigation to achieve fair compensation. Parker Waichman LLP has extensive trial experience. We are fully prepared to take your case to court when insurance companies refuse reasonable settlement offers. Our attorneys present compelling arguments to juries. We use expert testimony, visual aids, and persuasive advocacy to pursue maximum compensation.
We represent motorcycle accident victims on a contingency fee basis. You pay no upfront costs or attorney fees. We only collect fees if we successfully recover compensation for you. This arrangement allows you to access experienced legal representation regardless of your financial situation. Contact us today for a free consultation to discuss your case.
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If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.
Motorcycle accidents in New York City result in disproportionately severe injuries compared to other traffic collisions. Motorcyclists face unique vulnerabilities that make every ride through the city’s streets inherently risky.
Unlike passenger vehicle occupants, motorcyclists lack airbags, seatbelts, and a protective metal frame. Direct impact forces the human body to absorb the full crash force. This lack of protection means even relatively minor accidents cause serious harm to riders.
The two-wheel design creates inherent instability compared to four-wheeled vehicles. Motorcycles require constant balance. They are more susceptible to being knocked off course by road hazards, weather conditions, or contact with other vehicles. A sudden swerve or impact that might cause a minor correction in a car can send a motorcyclist tumbling across the pavement.
Motorcycles are smaller and lighter than passenger vehicles. Other drivers often fail to notice motorcycles in their blind spots. Many motorcycle accidents occur because drivers simply fail to see the motorcycle when changing lanes. The phrase “I didn’t see the motorcycle” appears tragically often in accident reports.
New York City presents additional hazards that amplify these dangers. Heavy traffic congestion forces motorcyclists to navigate between vehicles in tight spaces. Aggressive driving behaviors—including sudden lane changes, tailgating, and failure to signal—create constant threats. Pedestrians and cyclists sharing road space add another layer of complexity to an already challenging environment.
Road defects pose particular dangers to motorcyclists. Potholes, uneven pavement, construction zones, and debris can cause a motorcyclist to lose control. The city’s aging infrastructure and constant construction create hazardous conditions throughout the five boroughs. According to the New York City Department of Transportation, motorcyclists must remain vigilant about road conditions at all times.
Taxi and rideshare vehicles make sudden stops or U-turns. Delivery trucks double-park and block lanes. Car doors open into traffic lanes. All of these factors contribute to the elevated risk motorcyclists face every time they ride through New York City.
Understanding how motorcycle accidents occur helps establish liability and build strong cases for injured riders. The following factors contribute to the majority of motorcycle crashes in New York City:
Many motorcycle accidents occur when drivers fail to yield the right-of-way to motorcyclists. Drivers who fail to check blind spots before changing lanes can cut off motorcyclists. This causes crashes or forces riders to take evasive action that leads to loss of control. Cutting off motorcyclists in heavy traffic is another frequent cause of accidents. Drivers underestimate how quickly motorcycles can close the distance.
Excessive speed reduces a driver’s reaction time. It increases the severity of collisions. When drivers speed through congested city streets, they have less time to notice and respond to motorcyclists. Reckless driving behaviors—including aggressive lane changes, tailgating, and running red lights—create dangerous situations for vulnerable road users like motorcyclists.
Alcohol and drug impairment significantly increase the risk of motorcycle accidents. Impaired drivers have reduced reaction times. Their judgment is impaired. They have diminished ability to perceive motorcycles on the road. DUI-related accidents often result in particularly severe injuries. The impaired driver cannot take evasive action or reduce speed before impact.
Potholes, uneven pavement, construction zones, and debris in roadways pose serious threats to motorcyclists. What might be a minor bump for a car can cause a motorcycle to lose traction. It can throw a rider from the bike. Slippery surfaces from oil spills, wet leaves, or inadequate drainage create hazardous conditions. These conditions are particularly dangerous during turns or when braking. Premises liability claims may arise when government entities fail to maintain safe road conditions.
Dooring accidents occur when occupants of parked vehicles open their doors into the path of oncoming motorcyclists. This type of accident is particularly common in New York City. Street parking is prevalent throughout the city. Motorcyclists have little time to react when a door suddenly opens in front of them. These accidents often result in serious injuries.
Rain, snow, and ice affect motorcycles more severely than passenger vehicles. Reduced traction makes it harder to brake and maneuver safely. Reduced visibility during storms makes it even more difficult for drivers to see motorcycles. While weather alone may not cause an accident, it often contributes to crashes when combined with driver negligence.
Motorcycle accidents frequently result in severe, life-altering injuries. The lack of protection afforded to motorcyclists means the human body bears the full impact of the collision. Common injuries include:
Head injuries are among the most serious consequences of motorcycle accidents. Even with helmet use, riders can suffer concussions, skull fractures, and traumatic brain injuries (TBI). Severe TBIs can result in long-term cognitive impairment, memory loss, personality changes, and reduced quality of life. Some brain injuries require extensive rehabilitation. They result in permanent disabilities that affect a victim’s ability to work and perform daily activities.
The impact of a motorcycle crash can damage the spinal cord. This results in complete or incomplete paralysis. Paraplegia (paralysis of the lower body) and quadriplegia (paralysis of all four limbs) are catastrophic injuries. They require lifelong medical care, assistive devices, and home modifications. Spinal cord injuries often result in millions of dollars in lifetime medical expenses and lost earning capacity.
Broken bones are extremely common in motorcycle accidents. Leg fractures, arm fractures, pelvic fractures, and collarbone fractures often occur when riders are thrown from their motorcycles. Rib fractures can lead to punctured lungs and other internal injuries. Complex fractures may require multiple surgeries, metal hardware implantation, and extensive physical therapy.
Road rash occurs when a motorcyclist slides across the pavement during a crash. These severe abrasions can remove layers of skin and tissue. They require skin grafts and leave permanent scarring. Degloving injuries—where skin and tissue are torn away from underlying muscle and bone—are particularly serious. They require immediate surgical intervention. Road rash injuries carry a high risk of infection and can result in permanent disfigurement. Burn injuries from friction or motorcycle fires can also occur.
The blunt force trauma of a motorcycle accident can cause internal injuries to organs such as the liver, spleen, kidneys, and lungs. Internal bleeding may not be immediately apparent. It can be life-threatening if not promptly diagnosed and treated. These injuries often require emergency surgery and extended hospitalization.
Severe trauma can result in the loss of limbs. This can occur either at the scene of the accident or through surgical amputation when limbs cannot be saved. Amputees face significant challenges. They need prosthetic devices, rehabilitation, and adaptation to a new way of life. The physical, emotional, and financial impacts of amputation are profound and permanent.
Tragically, some motorcycle accidents result in fatal injuries. When a motorcyclist dies due to another party’s negligence, surviving family members may pursue a wrongful death claim. This claim recovers compensation for funeral expenses, loss of financial support, and loss of companionship. While no amount of money can replace a loved one, wrongful death compensation can provide financial stability during an incredibly difficult time.
New York operates under a no-fault insurance system for most motor vehicle accidents. Under this system, drivers carry Personal Injury Protection (PIP) coverage. This coverage pays for their own medical expenses and lost wages regardless of who caused the accident. However, to file a lawsuit against an at-fault driver, an injured person must meet the “serious injury threshold” defined by New York law.
Motorcycles are exempt from New York’s no-fault insurance law. This exemption has significant implications for injured motorcyclists. Because motorcycles are not covered by no-fault insurance, motorcyclists do not receive PIP benefits from their own insurance policies. However, this exemption also means that motorcyclists can pursue claims against at-fault drivers for any injury. They do not need to meet the serious injury threshold that applies to car accident victims.
This distinction can actually work to a motorcyclist’s advantage. While car accident victims must prove they suffered a “serious injury,” motorcyclists can pursue compensation for any injury caused by another driver’s negligence. The injury severity does not matter.
New York law requires all motorcycle owners to carry liability insurance with minimum coverage amounts of:
These minimum coverage amounts are often insufficient to fully compensate victims of serious motorcycle accidents. Medical expenses alone can quickly exceed these limits when injuries are severe. According to the New York State Department of Financial Services, understanding your coverage is critical.
Given the inadequacy of minimum insurance requirements, motorcyclists should strongly consider purchasing uninsured motorist (UM) and underinsured motorist (UIM) coverage. This optional coverage protects you when:
UM/UIM coverage allows you to recover compensation from your own insurance policy. This applies when the at-fault driver cannot adequately compensate you. This coverage can be invaluable in ensuring you receive full compensation for your injuries.
If you are injured by an uninsured driver, you have several options for recovery. If you have UM coverage, you can file a claim with your own insurance company. You can also pursue a lawsuit directly against the at-fault driver. However, collecting a judgment can be challenging if the driver lacks assets or income. An experienced motorcycle accident attorney can help you explore all available avenues for compensation and maximize your recovery.
New York law imposes strict deadlines for filing motorcycle accident claims. Missing these deadlines can permanently bar you from recovering compensation. This applies regardless of how strong your case may be.
You have three years from the date of the motorcycle accident to file a personal injury lawsuit against the at-fault parties. This deadline applies to claims for medical expenses, lost wages, pain and suffering, and other injury-related damages. If you do not file your lawsuit within three years, the court will likely dismiss your case. You will lose your right to compensation. The New York Civil Practice Law and Rules establishes these time limits.
When a motorcycle accident results in death, surviving family members have two years from the date of death. They must file a wrongful death lawsuit within this timeframe. This shorter deadline makes it even more critical to consult with an attorney promptly after a fatal accident.
If your accident involved a government entity, you must file a notice of claim within 90 days of the accident. This applies to accidents involving city vehicles, poorly maintained city roads, or other government-related factors. This notice requirement applies to claims against New York City, New York State, and other government agencies. The 90-day deadline is extremely short and requires immediate action.
Even though you may have up to three years to file a lawsuit, waiting to take action can harm your case. Evidence disappears. Witnesses’ memories fade. Documentation becomes harder to obtain as time passes.
Additionally, insurance companies have their own deadlines for reporting accidents and filing claims. Failing to notify your insurance company promptly can jeopardize your coverage.
Our attorneys track all applicable deadlines for your case. We ensure that all necessary paperwork is filed promptly. We handle the complex procedural requirements so you can focus on your recovery. Contact us as soon as possible after your accident to protect your rights and preserve your claim.
Yes, New York law requires all motorcyclists and passengers to wear helmets. Helmets must be DOT-approved and meet Federal Motor Vehicle Safety Standard (FMVSS) 571.218. Failure to wear a helmet can result in fines of up to $100 or up to 30 days in jail. Insurance companies may use helmet non-compliance to argue contributory negligence. However, not wearing a helmet does not automatically bar you from recovering compensation if another driver caused the accident. While helmet use may be raised as a factor in determining damages, the at-fault driver remains liable for causing the collision.
First, ensure your safety and seek medical attention. Do this even if you don’t think you’re seriously injured. Some injuries, such as internal bleeding or traumatic brain injuries, may not be immediately apparent. Call 911 to report the accident and request police and medical assistance. If you are physically able, document the scene with photographs. Take photos of vehicle damage, road conditions, and visible injuries. Gather contact information from witnesses and exchange insurance information with other drivers involved. Do not admit fault or make statements about how the accident occurred. Avoid speaking with insurance adjusters before consulting an attorney. They may use your statements to minimize your claim. Contact Parker Waichman LLP as soon as possible to protect your rights and begin building your case.
Yes. New York follows a “pure comparative negligence” rule. You can recover compensation even if you were partially at fault for the accident. Your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you can recover $80,000. This makes it important to have an attorney who can minimize your assigned fault percentage. Present evidence of the other driver’s negligence and your reasonable conduct. Insurance companies often try to shift blame to motorcyclists to reduce their payout obligations. Having experienced legal representation is critical.
The timeline varies depending on the complexity of your case. It depends on the severity of your injuries and the willingness of insurance companies to negotiate fairly. Simple cases with clear liability and minor injuries typically may settle in a few months. Complex cases involving serious injuries, disputed liability, or multiple parties generally may take a year or longer to resolve. Cases that go to trial take longer than those that settle through negotiation. It’s important not to rush settlement. Accepting an offer before you understand the full extent of your injuries and future medical needs can leave you undercompensated. Your attorney can provide a more specific timeline after evaluating the unique circumstances of your case.
If the at-fault driver is uninsured, you may be able to recover compensation through your own uninsured motorist (UM) coverage. This applies if you purchased this optional coverage. UM coverage is designed to protect you in exactly this situation. You can also pursue a lawsuit directly against the at-fault driver. However, collecting a judgment can be challenging if the driver lacks assets or income. In some cases, other parties may share liability. For example, an employer may share liability if the driver was working at the time of the accident. A government entity may share liability if road defects contributed to the crash. An attorney can help you explore all available options for recovery and maximize your compensation.
Case value depends on multiple factors. These include the severity of your injuries, medical expenses, lost income, pain and suffering, degree of fault, and available insurance coverage. Cases involving permanent disabilities, scarring, or wrongful death typically have higher values. These have higher values than those involving temporary injuries. The impact on your quality of life, ability to work, and future medical needs all factor into the calculation. Each case is unique. There is no standard formula for determining value. Parker Waichman LLP offers free consultations to evaluate your case and discuss potential compensation. We review your medical records, accident details, and other relevant factors. We provide a realistic assessment of what your case may be worth.
Most motorcycle accident cases settle through negotiation without going to trial. Insurance companies often prefer to settle rather than risk a jury verdict. A jury verdict could result in higher damages. However, if the insurance company refuses to offer fair compensation, filing a lawsuit and going to court may be necessary. This applies when compensation does not adequately cover your losses. Parker Waichman LLP has extensive trial experience. We are fully prepared to litigate your case if settlement negotiations fail. We pursue the outcome that serves your interests. This applies whether through settlement or litigation. Many cases settle even after a lawsuit is filed. The insurance company recognizes the strength of your case and the risk of going to trial.
If you or a loved one has been injured in a motorcycle accident in New York City, time is critical. Evidence must be preserved. Witnesses must be interviewed. Legal deadlines must be met. Parker Waichman LLP has the experience, resources, and dedication to handle your motorcycle accident case. We pursue the compensation you deserve.
With over $2 billion recovered for injury victims and decades of experience handling complex personal injury cases, our attorneys understand what it takes to build strong motorcycle accident claims. We serve clients throughout all five boroughs of New York City—Manhattan, Brooklyn, Queens, the Bronx, and Staten Island—as well as Long Island and surrounding areas.
We offer free consultations and work on a contingency fee basis. You pay no fees unless we recover compensation for you. Contact us today at (212) 267-6700 to schedule your free case evaluation. Let us fight for your rights while you focus on recovery.
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Additional offices in Port Washington, Melville, Bonita Springs (FL), and West Orange (NJ)
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