Whether you're a New Yorker who uses a motorcycle for the daily commute, weekend rides, or experiencing the thrill of city cruising, you deserve to be protected after a serious accident. As your dedicated New York City motorcycle accident lawyers, we deeply understand New York traffic laws, insurance policies, and important local nuances that complicate such cases.

Our aim is not only about recovering your costs — it's about facilitating your recovery in every sense of the term. It's about advocating for justice, helping you get back to your life, and ensuring a safer, more mindful city for all its bikers.

Why Choose Us As Your New York City Motorcycle Accident Lawyers

When we say we're here for you, we mean it. Our New York personal injury attorneys are here not only to represent you legally, but also to support you emotionally. We are more than just a law firm; when you choose us, you choose family. We've fought tenaciously for our clients over the past 50 years, retrieving millions in compensation and striving to be one of the best personal injury law firms in New York City and the Nation.

Dedicated Protection from Insurance Companies

Our motorcycle accident lawyers are experienced in handling catastrophic injury claims. No matter what type of motorcycle accident you're dealing with, we have the knowledge, passion, and resources to help. Our relentless dedication to fighting for our clients' rights has resulted in multimillion-dollar wins for many.

Trial-Proven Attorneys

Our commitment goes beyond quick settlements. As a team of skilled trial attorneys, we prepare every case as though it will go to court. The initial evaluations, consultation, legal motions, and exhaustive investigation are all handled by us, lifting the burden off your shoulders. We're not successful until you are – we don't get paid unless you do.

Enduring Commitment and Unmatched Resources

We're prepared to go the extra mile. Our firm collaborates with a network of experts and specialists for evidence-gathering and litigation support. We can assure you that we won't settle prematurely, working meticulously to ensure you receive what you're rightfully entitled to.

Motorcycle Crash Risks in New York City

Motorcyclists and their passengers have substantially less physical protection than occupants of enclosed vehicles. A motorcycle does not provide the surrounding vehicle structure, seat belts, or many of the other protections available in a passenger car.

In its 2024 crash report, the New York City Department of Transportation recorded 1,446 motorcycle injuries and 32 motorcycle fatalities across all reported crashes citywide. Of those, 1,215 injuries and 22 fatalities occurred in crashes involving a motor vehicle. Another 231 injuries and 10 fatalities occurred in crashes that did not involve a car, truck, bus, or other motor vehicle.

Nationally, the National Highway Traffic Safety Administration reported that 6,228 motorcyclists were killed in traffic crashes in 2024, representing 16% of all traffic fatalities. Based on vehicle miles traveled, motorcyclists were almost 27 times more likely than passenger-car occupants to die in a motor vehicle crash and almost five times more likely to be injured.

These statistics demonstrate the potential severity of motorcycle crashes, but they do not establish who caused an individual accident. Liability must be determined from the conduct of the people and organizations involved, the condition of the vehicles and roadway, and the available evidence.

Common Causes of Motorcycle Accidents in New York City

Motorcycle accidents can result from the conduct of another driver, the rider’s conduct, a dangerous road condition, a defective motorcycle component, or a combination of factors. Because motorcycles are smaller than most other vehicles, drivers who fail to look carefully may overlook a rider who is lawfully occupying a traffic lane.

Common causes of New York City motorcycle accidents include:

• Left-turn and intersection crashes: A driver may turn left across a motorcycle’s path, enter an intersection without yielding, or misjudge the motorcycle’s speed or distance.
• Unsafe lane changes: A driver who fails to check mirrors and blind spots, signal, or confirm that a lane is clear can sideswipe a motorcycle or force the rider off the road.
• Following too closely: Motorcycles can slow without activating a brake light when the rider downshifts or reduces the throttle. A driver who follows too closely may not leave enough space to respond safely.
• Distracted driving: Texting, handling a phone, using a navigation or delivery app, eating, or focusing on passengers can prevent a driver from noticing a motorcycle.
• Speeding and aggressive driving: Excessive speed, unsafe passing, tailgating, and abrupt lane changes reduce the time available to avoid a collision.
• Opening vehicle doors: A driver or passenger may open a door into a motorcycle’s path without checking for approaching traffic.
• Unsafe curbside activity: Rideshare vehicles, delivery vehicles, taxis, and other motorists may pull into traffic, stop suddenly, or cross a rider’s path near the curb.
• Alcohol or drug impairment: An impaired driver or rider may have reduced judgment, coordination, awareness, and reaction time.
• Fatigued driving: Drowsiness can affect attention, decision-making, and the ability to recognize a motorcycle in time to avoid a crash.
• Dangerous road conditions: Potholes, loose gravel, debris, construction plates, uneven pavement, slippery surfaces, inadequate warnings, and poorly maintained roads can be especially hazardous to motorcycles.
• Defective or poorly maintained equipment: Problems involving tires, brakes, steering, throttles, wheels, lights, or other components may cause a crash or prevent a rider from avoiding one.

A motorcycle accident involving only one vehicle should not automatically be blamed on the rider. A road defect, spilled substance, defective component, improperly secured load, or another vehicle that forced the rider to take evasive action may have contributed to the crash even when no physical contact occurred.

An investigation may include police reports, witness accounts, traffic-camera and business-surveillance footage, photographs, vehicle damage, roadway records, construction documents, maintenance records, motorcycle inspections, helmet and riding-gear evidence, and accident-reconstruction analysis.

What to Do After a Motorcycle Accident in New York City

Your safety and medical needs should come first after a motorcycle collision. The steps you can take will depend on your condition and the circumstances at the scene.

1. Stop and protect yourself from traffic.

Do not leave the scene. Move yourself out of active traffic when you can do so safely. Follow the directions of police officers and emergency personnel regarding whether the motorcycle should be moved. Do not move a seriously injured person unless an immediate danger makes it necessary.

2. Call 911.

Request police and medical assistance. New York requires immediate police notification when a crash causes an injury or death. Tell the dispatcher about known injuries, leaking fuel, fires, downed wires, or other immediate hazards.

3. Obtain a prompt medical evaluation.

Motorcycle crashes can cause head trauma, internal injuries, fractures, spinal injuries, and other conditions whose symptoms are not always immediately apparent. Describe all symptoms accurately and tell the healthcare provider that they began after a motorcycle accident.

4. Exchange the required information.

Obtain the other driver’s:

• Name and address
• Driver’s-license information
• Vehicle registration
• Insurance carrier and policy information
• License-plate number
• Telephone number

Provide the information required from you as well.

5. Document the scene when it is safe.

Photograph or record:

• The motorcycle and every involved vehicle
• License plates
• Vehicle damage
• Final resting positions
• Skid marks and debris
• Traffic signals and signs
• Lane markings
• Road defects or construction
• Weather and lighting conditions
• Visible injuries
• Your helmet and riding gear

Do not enter moving traffic or place yourself in danger to collect evidence.

6. Identify witnesses and nearby cameras.

Obtain contact information from anyone who saw the accident. Note nearby businesses, residences, buses, traffic cameras, or vehicles that may have recorded what happened. Some recordings are retained only briefly.

7. Preserve the motorcycle and riding equipment.

Do not repair, sell, discard, or materially alter the motorcycle, helmet, clothing, boots, gloves, or other equipment before they have been photographed and, when appropriate, inspected. These items may contain evidence about the impact, an equipment failure, or the protection used by the rider.

8. Complete the required crash report.

A driver generally must file New York DMV Form MV-104 within 10 days when a crash causes an injury or death or more than $1,000 in damage to the property of any one person. Reporting the accident to the police or an insurance company does not necessarily complete this separate DMV obligation.

9. Notify the appropriate insurers promptly.

Insurance policies can contain short notice requirements. Provide accurate information, but do not guess about speed, distance, fault, or the extent of your injuries. Before giving a recorded statement or signing a release or medical authorization, understand whether you are required to do so and how it may affect the claim.

10. Preserve records relating to your injuries and losses.

Keep copies of medical records, bills, prescriptions, repair estimates, insurance correspondence, photographs, receipts, and proof of missed work. Follow the treatment plan provided by your healthcare professionals. Avoid posting details about the crash, your injuries, or your physical activities on social media while the claim is pending.

Common Motorcycle Accident Injuries

Motorcycle riders and passengers can suffer severe injuries when they are struck by another vehicle, thrown from the motorcycle, trapped beneath a vehicle, or forced into the roadway or another object.

Common motorcycle-accident injuries include:

• Traumatic brain injuries: A rider may suffer a concussion, brain bleeding, brain swelling, or another traumatic brain injury after striking a vehicle, the roadway, or another object. Rapid acceleration, deceleration, or rotation can also injure the brain without a direct blow to the head.
• Spinal cord injuries: Damage to the spinal cord can result in weakness, loss of sensation, reduced mobility, or partial or complete paralysis.
• Neck and back injuries: A crash can injure muscles, ligaments, discs, vertebrae, joints, and nerves in the cervical, thoracic, or lumbar spine.
• Broken bones and dislocations: Motorcyclists frequently sustain fractures or dislocations involving the arms, wrists, hands, shoulders, ribs, pelvis, hips, legs, knees, ankles, feet, or facial bones.
• Crush injuries: A rider may be pinned beneath a motorcycle, struck by a larger vehicle, or trapped between vehicles or fixed objects.
• Road rash and lacerations: Contact with pavement can remove layers of skin, introduce debris into a wound, damage nerves, and cause infection or permanent scarring.
• Internal injuries: Trauma to the chest, abdomen, or pelvis can damage internal organs or blood vessels and cause internal bleeding.
• Nerve and soft-tissue injuries: A motorcycle crash can damage nerves, muscles, tendons, or ligaments, causing pain, weakness, reduced sensation, or limited movement.
• Burn injuries: Fuel leaks, fires, hot exhaust components, friction, and electrical damage can cause serious burns.
• Amputations: Severe crush injuries, vascular damage, or other trauma may require surgical amputation or result in the loss of a limb at the scene.
• Psychological injuries: A serious collision may contribute to anxiety, depression, sleep problems, post-traumatic stress symptoms, or fear of riding or traveling near traffic.

New York requires motorcycle operators and passengers to wear approved helmets that satisfy federal safety standards. Operators must also wear approved eye protection. Safety equipment can reduce the risk or severity of some injuries, but it cannot prevent every traumatic brain injury, fracture, spinal injury, or other form of harm.

Some injuries become apparent immediately, while others develop or worsen over time. Prompt medical attention and appropriate follow-up care can protect the injured person’s health and document the relationship between the accident and resulting symptoms.

How New York Insurance Works After a Motorcycle Accident

New York treats motorcycles differently from most passenger vehicles under its No-Fault insurance system.

A motorcycle operator or passenger is generally excluded from No-Fault benefits. This means that the rider ordinarily cannot rely on Personal Injury Protection, or PIP, to pay medical expenses and replace a portion of lost earnings after the collision.

Because motorcycle operators and passengers are outside the No-Fault system, they may generally pursue a liability claim from the first dollar of proven loss. They also ordinarily do not have to satisfy the serious-injury threshold that applies to many claims brought by people covered under New York’s No-Fault law.

The analysis may be different for a moped or limited-use motorcycle, depending on how the vehicle is classified.

Depending on the policy and circumstances, possible sources of payment may include:

• The at-fault party’s bodily-injury liability coverage
• The rider’s health insurance
• Optional medical-payments coverage
• Applicable uninsured or underinsured motorist coverage
• Disability benefits
• Workers’ compensation when the accident occurred in the course of employment
• Collision or other property-damage coverage

A pedestrian struck by a motorcycle is treated differently. The pedestrian should generally file a No-Fault claim with the motorcycle’s insurer. When the motorcycle is uninsured, coverage may be available through an automobile policy belonging to a household family member or, when no such policy exists, through the Motor Vehicle Accident Indemnification Corporation.

Communicating With Insurance Companies

Notify your own motorcycle insurer and any other potentially applicable carriers promptly. Your policy may require cooperation, documentation, an examination, or a statement before particular coverage is available.

When communicating with an insurer:

• Provide truthful and accurate information.
• Do not guess when you do not know the answer.
• Do not admit fault or agree with an adjuster’s characterization of the accident.
• Do not minimize or exaggerate your symptoms.
• Keep copies of letters, emails, forms, and recorded communications.
• Review a release carefully before signing it.
• Understand the scope of any requested medical authorization.
• Do not assume an early settlement accounts for future treatment, reduced earning ability, or permanent limitations.

The obligations owed to your own insurer may differ from your obligations to the insurer representing another driver. Before providing a detailed recorded statement to an opposing insurer, determine whether you are legally or contractually required to do so.

Consult a Motorcycle Accident Lawyer

Injured motorcycle riders should seek the guidance of an experienced motorcycle accident attorney as soon as possible. Your attorney can safeguard your rights, help you navigate insurance claims, and, if necessary, fight for your rightful compensation in court.

Following these steps can help secure your immediate safety, those around you, and your legal rights.

What Compensation May Be Available After a Motorcycle Accident?

An injured motorcycle rider or passenger may be able to pursue compensation when another person, business, manufacturer, contractor, property owner, or government entity caused or contributed to the accident.

Depending on the injuries, evidence, insurance coverage, and parties involved, recoverable damages may include:

• Past and future medical expenses
• Hospital care, surgery, medication, and diagnostic testing
• Physical, occupational, psychological, and other rehabilitation
• Lost wages and employment benefits
• Reduced future earning capacity
• Nursing care and personal assistance
• Assistive devices
• Home or vehicle modifications
• Transportation and other accident-related expenses
• Physical pain and suffering
• Emotional and psychological effects associated with the injuries
• Permanent disability
• Scarring or disfigurement
• Loss of mobility or independence
• Loss of enjoyment of life
• Repair or replacement of the motorcycle
• Damage to the rider’s helmet, clothing, electronics, and other property
• Certain losses sustained by a spouse when permitted under New York law

The amount recoverable depends on the losses established by the evidence and the insurance or assets available. A settlement should account for reasonably anticipated future consequences rather than only the bills and lost income that have accumulated to date.

What If the Motorcyclist Was Partly at Fault?

A motorcyclist does not necessarily lose the right to compensation merely because the rider may have contributed to the accident.

Because motorcycle operators and passengers are generally excluded from New York’s No-Fault system, their claims ordinarily remain subject to New York’s proportional comparative-fault rule. Under that rule, the rider’s damages are reduced according to the rider’s percentage of responsibility rather than being automatically barred.

For example, a rider found 25% responsible may generally recover 75% of the otherwise recoverable damages.

Different rules may apply to a pedestrian struck by a motorcycle, a vehicle classified as a moped or limited-use motorcycle, or another claim that is subject to New York Insurance Law Article 51. Responsibility and vehicle classification should therefore be evaluated for the specific case.

Fatal Motorcycle Accidents

When a motorcycle accident causes a death, a New York wrongful-death action is brought by the estate’s duly appointed personal representative for the benefit of the deceased person’s distributees. A spouse, child, or other relative does not ordinarily file the wrongful-death lawsuit individually merely because of the family relationship.

Recoverable damages may include qualifying medical and funeral expenses, lost financial support, the value of services the deceased person would have provided, the loss of parental guidance when supported by the evidence, and other pecuniary losses recognized by New York law.

A separate survival claim may seek compensation for the deceased person’s conscious pain and suffering between the accident and death.

How Long Do You Have to File a New York Motorcycle Accident Claim?

The applicable deadline depends on the type of claim, the party being sued, and the circumstances of the accident.

Most New York personal-injury and property-damage actions based on ordinary negligence must be commenced within three years of the motorcycle accident.

A wrongful-death action generally must be commenced within two years of the person’s death. The action is brought by the estate’s personal representative rather than directly by individual family members.

Much shorter procedural deadlines may apply when the accident involves New York City or another government-related entity. For example, a claim involving a dangerous public roadway, a government-owned vehicle, or the conduct of a municipal employee may require a notice of claim within 90 days. Many municipal personal-injury actions must then be commenced within one year and 90 days of the event.

Claims involving the State of New York, the Port Authority, the Metropolitan Transportation Authority, or another public authority may be governed by different notice requirements and filing procedures.

Insurance deadlines are separate from lawsuit deadlines. Policies may require prompt notice of the accident, and uninsured motorist, underinsured motorist, hit-and-run, or other insurance claims can have additional requirements.

The MV-104 reporting deadline is also separate. When the report is required, it generally must be filed with the DMV within 10 days even though the deadline for a negligence lawsuit may be considerably longer.

Tolling rules involving a minor, legal incapacity, a defendant’s absence, or another special circumstance are fact-specific. They should not be assumed to extend the deadline without a case-specific legal analysis.

Evidence may disappear long before the statutory filing period ends. Surveillance footage can be overwritten, roadway conditions can change, vehicles can be repaired, and witnesses can become difficult to locate. A potential claim should therefore be investigated promptly.

The Typical Timeline of a Motorcycle Accident Lawsuit

It’s important to recognize that no lawsuit proceeds at the same speed. Factors like the severity of the injuries, the accident's complexity, the involved parties' cooperation, and the court’s schedule can all influence the timeline. However, most motorcycle accident cases generally follow the same process, which includes the following steps:

1. Initial Consultation and Case Evaluation

The process begins with reaching out to a personal injury attorney for an initial consultation. At this stage, you and the attorney will discuss the details of the accident, your injuries, and the circumstances surrounding the incident. The attorney may ask questions to better understand who was at fault, the extent of your damages, and whether the case is strong enough to move forward. This is also an opportunity for you to ask questions, share your concerns, and begin building a trusting relationship with your attorney. An experienced lawyer will handle this conversation with the compassion and empathy you need during such a difficult time. They understand you’re likely worried about your future and unsure what comes next. At the close of this stage, you can expect to feel more confident knowing that someone is on your side, ready to fight for your interests. This phase typically takes one to two weeks, depending on how soon you seek legal counsel after the accident.

2. Investigation and Evidence Gathering

Once you decide to proceed, your attorney begins investigating the accident and gathering evidence to strengthen your case. This process is critical because the more evidence you have to support your claim, the better your chances of securing fair compensation. Common forms of evidence collected include:

• Police reports
• Photos or videos of the accident scene, vehicles, or injuries
• Witness statements
• Medical records documenting your injuries and treatment plan
• Expert testimony (e.g., from accident reconstruction specialists or medical experts)

Your attorney may also deal with insurance companies to ensure they do not exploit your vulnerability during this challenging time. The goal in this phase is to build a case that holds up against the defense’s counterarguments and gives you the best chance of achieving maximum recovery. The investigation phase can take anywhere from a few weeks to a few months, depending on the complexity of your case and the availability of evidence.

3. Filing the Lawsuit

After gathering sufficient evidence, if the insurance company is unwilling to offer  proper compensation, your attorney will begin the formal process of filing a lawsuit on your behalf. This involves drafting and submitting a complaint to the court, outlining the facts of the case, the legal reasons the defendant is responsible, and the compensation being sought. This process sets the wheels of the justice system in motion, but it must be done with careful attention to timing. That’s where the statute of limitations comes in—a law that sets a strict deadline for filing a lawsuit after an accident. The statute of limitations varies by state, but in most cases, it ranges between one to four years following the date of the accident. Missing this deadline can have devastating consequences, as you could lose your legal right to pursue compensation entirely. While this might seem like a long time, building a strong case takes significant effort and preparation. Gathering evidence, obtaining medical records, and calculating the full scope of your damages can all be time-consuming processes. The closer you get to the deadline, the greater the risk of potential complications arising. Starting the legal process as soon as possible not only protects your rights but also ensures that critical evidence, like eyewitness accounts and accident scene details, is preserved while still fresh and accessible. However, navigating legal deadlines and requirements can be complicated. Entrusting this task to an experienced lawyer can ensure every deadline is met without the added stress falling on your shoulders. Once the lawsuit is filed, the defendant (or their legal team) must respond, typically within 20 to 30 days. They may admit fault, deny responsibility, or file a countersuit, which can add additional layers to the case. While this is a significant milestone in your case, it’s often just the beginning of a longer process.

4. The Discovery Phase

The discovery phase is often the most time-consuming part of a lawsuit, lasting anywhere from a few months to several  years. During this stage, both sides exchange information, documents, and evidence related to the case. This allows each side to better understand the other’s arguments and prepare for what lies ahead. Discovery can involve:

• Depositions, where witnesses or parties provide sworn testimony under oath
• Interrogatories, which are written questions exchanged between the parties
• Requests for documents (e.g., medical records, accident reports)

The discovery process allows your attorney to continue building a strong case while anticipating and countering the defense’s strategies. Although this phase can feel lengthy, it’s crucial for achieving a favorable outcome and ensuring no stone is left unturned.

5. Settlement Negotiations

The vast majority of lawsuits involving motorcycle crashes are resolved through settlements rather than going to trial. Settlement negotiations often start during or after the discovery phase once both sides have had a chance to evaluate the strength of each other’s case. Your attorney will use the evidence gathered to fight for a settlement that fully compensates you for your medical expenses, lost wages or income, pain and suffering, and other damages. While no amount of money can undo the harm you’ve endured, a fair settlement can provide financial stability and some peace of mind as you move forward. This phase can take anywhere from weeks to several months, depending on factors such as the willingness of the other party to negotiate and whether your attorney needs to take a firm stance to secure a fair deal.

6. Going to Trial

If the parties are unable to reach a fair settlement, your case may proceed to trial. Trials are rarer in personal injury cases, as they usually require more time, expense, and emotional energy. However, in situations where the defendant refuses to accept responsibility or offer reasonable compensation, a trial can be an essential and effective way to seek justice. Your attorney will present evidence, call witnesses, cross-examine the defense’s witnesses, and argue your case in front of a judge or jury. The trial itself may only last a few days or weeks, but the preparation beforehand can take months. The length of this phase depends on the court’s schedule, the complexity of the case, and how long it takes for the judge or jury to reach a decision. While trials can add additional time to a case, they can also result in significant compensation if the verdict is in your favor.

7. Appeals (If Necessary)

Even after a trial verdict, the case may not be fully resolved if the losing party decides to appeal. Appeals can add several months—or even years—to the process. However, they are not a guaranteed part of every lawsuit and only occur in specific circumstances. If an appeal does happen, your attorney will continue to fight tirelessly on your behalf, ensuring that your side is properly argued in the appellate court.

Talk to a New York Motorcycle Accident Lawyer

Have you been injured or lost a loved one due to a motorcycle accident in New York City? If so, contact an experienced New York motorcycle accident lawyer. In these cases, you need assistance from someone familiar with the process of pursuing compensation for injury or wrongful death.

Our personal injury lawyers have experience handling injured motorcyclist cases across the entire NY area, with clients coming from Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Westchester, Nassau County, and Long Island. Let our legal team handle the details of dealing with insurance companies and adjusters while you focus on getting the medical treatment you need to recover from your serious injury.

To schedule a consultation, contact our team of New York motorcycle accident lawyers by calling (866) 771-4988 or completing a free case evaluation form. During the initial free consultation, a New York motorcycle accident lawyer at The Rothenberg Law Firm LLP will review your case and determine whether we can recover compensation for you.

We work on a contingency fee basis, which means we'll never charge you legal fees unless we succeed in first getting you compensation.