New York City Motorcycle Accident Lawyer

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.

New York Motorcycle Accident Statistics

Riding a motorcycle can be dangerous. In the United States alone, approximately 5,000 motorcycle riders die in motorcycle crashes on the road every year. To put that in perspective, it's important to understand that motorcycles account for a mere 3 percent of registered vehicles in the United States and only 1 percent of miles traveled.

Despite this, motorcycle riders account for approximately 14 percent of all traffic fatalities in the country. According to the National Highway Traffic Safety Association (NHTSA), motorcycle riders are six times more likely to be injured in motor vehicle accidents than car occupants and 29 times more likely to be killed in collisions.

New York City's motorcycle accident statistics are right in line with the rest of the country. Motorcycles are only 2 percent of registered cars on the road. However, according to the New York City Motorcycle Safety Study conducted by the New York City Department of Transportation, motorcyclists accounted for 14 percent of all New York City traffic fatalities. 

Motorcycle Accident Risk is Increasing for Some Groups

The number of registered motorcycles in the United States is climbing. In 2006, there were just over 6.6 million registered motorcycles in the country. By 2015, that number had risen to over 8.6 million, an increase of over 28 percent. The number of motorcycles on the road has only continued to rise and has sadly been accompanied by an increase in fatal motorcycle accidents, especially among riders aged 40 and older.

While the death toll has risen for riders in this age group, it is important to note that the overall number of motorcycle serious injuries and fatalities has otherwise remained fairly stable.

Common Causes of Motorcycle Accidents in NYC

Frontal collisions account for nearly three-quarters of two-vehicle car accidents involving motorcycles. Most of these accidents occur when another vehicle blocks the path of the motorcycle before the rider has time to stop or avoid the other vehicle. More than 40 percent of fatal motorcycle accidents involve another vehicle.

Motorcycle riders are at a greater risk of severe injuries and death than drivers in other vehicles, simply because they are less protected from harm. Drivers must obey all traffic laws, remain alert and vigilant, ensure they leave adequate space between themselves and other vehicles, including motorcycles, and avoid driving under the influence of alcohol or other intoxicating substances.

Head injury is the leading cause of death in motorcycle accidents and is required by law in New York State. Still, helmets cannot prevent all injuries, and many law-abiding riders still sustain serious head trauma due to negligent drivers. 

If you or someone you love was involved in a motorcycle crash in New York, you should get in contact with a qualified motorcycle personal injury attorney for a free consultation to discuss your options.

What to Do After a Motorcycle Accident in New York City

Experiencing a motorcycle accident is a traumatic ordeal. While keeping your composure is essential, knowing the steps to take can help protect your rights and potentially boost your recovery. Here are the key steps to follow should you find yourself in a motorcycle accident in New York City.

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.

Compensation for Motorcycle Accident Injuries 

You may be entitled to compensation if you were injured in a motorcycle accident in NY and another individual was at fault. There are also instances when you may be entitled to damages even if you were partially at fault.

Injuries that bikers experience from motorcycle accidents can range from road rash and broken bones to traumatic brain injuries and spinal cord catastrophic injuries that may require lifelong medical care. 

Additionally, if you have a loved one who received serious or fatal injuries, you may be able to pursue legal action on their behalf. As such, you must obtain experienced legal advice on how to proceed in your injury case. We will fight to make sure you are not stuck with medical bills that pile up over time and that you can be compensated for your motorcycle injuries as soon as possible.

A New York motorcycle accident lawyer can review your case and provide you with further information about liability issues and damages relating to your accident.

While no two cases are exactly alike, the following are some of the more common types of damages awarded in motorcycle accident cases in the State of New York:

• Reimbursement for medical bills
• Compensation for projected future medical expenses
• Past and projected lost income
• Pain and suffering
• Property damage (such as the cost of repairs to or replacement of your motorcycle)
• Lost wages

What Is the Statute of Limitations for Motorcycle Accidents in New York?

In New York, the statute of limitations for a motorcycle accident is generally three years from the date of the incident. Failure to file a personal injury lawsuit within that time means the court will likely not allow the case to go forward. There are very limited exceptions to this rule, however, and injury victims should always consult an attorney to determine their eligibility for filing a civil lawsuit.

Unfortunately, many motorcycle accident victims succumb to their injuries. In New York, the statute of limitations for filing a wrongful death suit is typically two years from the date of death. Immediate family members, such as the surviving spouse and children, may file a wrongful death lawsuit.

Exceptions to the Statute of Limitation for Motorcycle Accident Claims

There are some exceptions to the three-year statute of limitations. If the accident victim was a minor at the time of the collision, the three-year timeframe does not start until they reach the age of 18.

The same holds true for a person deemed of unsound mind when the motorcycle accident occurred. If the person is later declared of sound mind to understand his or her rights to file a claim, the three-year period begins at that time.

Under New York law, there are a couple of other possible exceptions. These include when the person responsible for causing your injuries leaves the state for at least four months after the accident.

Or if the person responsible for your injuries lives in New York but is residing here under a false name. In these circumstances, there is a possibility that the three-year period may be extended. However, specific criteria must be met for these exceptions to apply.

It is best not to make any assumptions when it comes to where your case stands in relation to the statute of limitations.  Speak with a qualified lawyer as soon as possible to get a professional take on the matter and to review all of your legal options moving forward.

Notice of Claim / NYC Motorcycle Accident

If the motorcycle accident took place on property owned by a government entity and the government agency or entity was responsible for the crash, or the crash involved a government vehicle, a different standard applies. Under these circumstances, a lawyer can file a Notice of Claim for you. The Notice of Claim requires filing within 90 days of the accident. The plaintiff then has 90 days plus one year to file a lawsuit against the city or town and their agencies.

This document details:

• Nature of the claim
• Time and place of the accident
• Injuries and damages sustained

However, certain government entities have their own statute of limitations. For example, the Port Authority manages all New York and New Jersey crossings. Speak to an experienced attorney to understand how your claim might be impacted by these legalities and formulate a case accordingly.

Why Insurance Companies Are Biased Against Motorcyclists: Unpacking the Misperceptions

One of the primary reasons insurance companies are biased against motorcyclists lies in the misconceptions and negative stereotypes surrounding motorcycles and their riders. These perceptions influence the general public and affect how insurance adjusters evaluate claims.  A lawyer who understands the root of these biases can challenge them effectively in a motorcycle accident claim. Let’s explore some common misperceptions about motorcyclists and how they can be debunked.

Motorcyclists Are Reckless by Nature

Many people wrongly assume that motorcyclists take excessive risks on the road, engaging in dangerous behaviors like speeding, weaving through traffic, or ignoring traffic laws. This stereotype may stem from images of motorcyclists in popular culture, where riders are often portrayed as rebellious or thrill-seeking. Insurance companies can use this assumption to argue that the motorcyclist was at least partially responsible for an accident, even when the evidence points to the other driver's negligence.  Most motorcyclists are responsible, law-abiding drivers. Because motorcycles offer less physical protection than cars, riders are often more cautious and attentive.  Studies show that other drivers, not the motorcyclist cause a significant percentage of motorcycle accidents. In particular, accidents often occur because drivers fail to notice motorcycles, especially when making turns or changing lanes. Challenging the narrative of recklessness is essential in ensuring motorcyclists receive fair treatment in their claims.

Motorcycles Are Inherently Unsafe

There is a widespread belief that motorcycles are dangerous by nature simply because they are smaller and more exposed than other vehicles. Insurance companies may point to the higher rate of serious injuries in motorcycle accidents as proof that motorcyclists are putting themselves at unnecessary risk. This can be used to devalue claims by suggesting that the rider assumes the risks of riding a motorcycle, meaning they should accept lower compensation.  While motorcycles offer less protection than cars, the danger often comes from how other drivers behave around motorcyclists. The lack of a physical barrier doesn’t make motorcycles unsafe, but the failure of other motorists to share the road properly does.  Defensive driving and motorcycle safety courses are common practices among responsible riders, many of whom are well-versed in road safety. A motorcycle accident lawyer can counter these arguments by highlighting the other driver's negligence and focusing on motorcyclists' rights to use the road safely.

Motorcyclists Are Primarily Young, Risk-Taking Men

Another misconception is that motorcyclists are mostly young men who engage in risky behaviors. Insurance companies can use this stereotype to diminish claims by suggesting that a rider is more prone to reckless actions, even without specific evidence.  This generalization ignores the diversity of motorcycle riders and the fact that many are experienced, mature, and careful drivers. The motorcycling community is actually incredibly diverse, with riders from all walks of life.  Many motorcyclists are older, experienced individuals who enjoy riding for practical purposes, such as commuting or touring, not for adrenaline-seeking thrills. In fact, the median age of motorcycle riders has risen in recent years, and a significant percentage of motorcyclists are women. By challenging these outdated stereotypes, we can ensure that riders are treated with the same respect and fairness as any other driver.

How Bias Against Motorcyclists is Reflected in Insurance Claims

As mentioned above, motorcyclists are frequently stereotyped as reckless or irresponsible drivers, which can unfairly influence how insurance companies handle their claims. Insurers may argue that the rider was speeding, weaving through traffic, or otherwise acting dangerously, even if there is no evidence to support these claims. This bias can result in:

• Reduced settlements: Insurance companies may attempt to reduce the compensation offered to cover your injuries, lost wages, and damages by arguing that you were partially or fully at fault for the accident.
• Delays in processing claims: Insurers might delay processing a claim, hoping the injured motorcyclist will give up or accept a lowball offer.
• Disputes over property damage: Because motorcycles are often customized or specialized, insurers may undervalue the cost of repairs or replacement, offering far less than the bike is worth. 

  Motorcycle accident victims should never try to handle these claims alone. Insurance adjusters know the tactics to use to devalue or deny a claim. By working with the motorcycle accident lawyers from The Rothenberg Law Firm, you have an advocate who knows how to counter these biases and ensure that you are treated fairly.

Common Challenges in Motorcycle Accident Lawsuits

Motorcycle crash lawsuits can be complex and emotionally draining, especially when you’re already coping with the physical and financial aftermath of an accident. Several challenges often arise during the legal process, each presenting unique hurdles that can make securing fair compensation difficult without skilled legal representation.

Handling Insurance Company Tactics

Insurance companies often make the process unnecessarily difficult for accident victims. They may question the severity of your injuries, dispute the details of the accident, or offer lowball settlements that don’t cover your actual losses. These tactics are designed to protect their bottom line, not your well-being. Without legal representation, handling these interactions can become a frustrating and stressful experience. A skilled attorney knows how to counter these strategies and advocate for the compensation you deserve.

Proving Liability in the Accident

Determining fault in a motorcycle accident isn’t always straightforward. Unfortunately, motorcyclists are sometimes unfairly stereotyped as reckless, which defendants may use to shift blame. Building a strong case requires gathering compelling evidence like accident reports, eyewitness accounts, and expert testimony. Proving that the other party acted negligently—whether through distracted driving, speeding, or other misconduct—takes time and skill. Having a lawyer ensures that no detail is overlooked and your side of the story is clearly presented.

Addressing Disputes Over Injury Severity

Motorcycle crashes frequently result in severe injuries, such as spinal cord damage, traumatic brain injuries, or permanent disability. Unfortunately, insurance adjusters or defense attorneys may downplay the long-term effects of these injuries to minimize their financial responsibility. Demonstrating the full extent of your damages—from medical costs to emotional trauma—requires thorough documentation and often the input of medical experts. An experienced attorney can effectively counter these disputes and fight for your fair compensation. These hurdles underscore the importance of having a dedicated legal advocate on your side. A compassionate and skilled attorney will protect your rights and manage these challenges, allowing you to focus on your recovery while they handle the complexities of your case.

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.