New York Motorcycle Accident Lawyers
Fighting for Injured Riders in NYC and White Plains
When drivers fail to share the road, motorcyclists are the ones who suffer. Without the protection of a car’s frame, even a low-speed crash can cause life-changing injuries.
At the Law Offices of Michael H. Joseph, PLLC, our New York motorcycle accident lawyers know the challenges injured riders face. Too often, insurance companies stereotype motorcyclists as reckless and try to deny fair compensation. We don’t let them get away with it. For more than two decades, we’ve been holding negligent drivers accountable and helping injured bikers recover.
Injured in a Motorcycle Accident in New York?
You may be entitled to far more than the insurance company wants to pay.
Motorcyclists injured in crashes caused by careless drivers can bring personal injury claims for medical expenses, lost wages, and pain and suffering. Unlike bicyclists and pedestrians, motorcyclists are not covered by New York’s no-fault (PIP) system. All the medical bills for a motorcycle accident have to be paid through the rider’s personal health insurance. That also means you must pursue a direct personal injury claim against the at-fault driver to recover damages.
Motorcyclists Excluded from No-Fault Coverage
New York’s no-fault insurance law doesn’t apply to motorcyclists. This makes it even more important to work with an experienced attorney to pursue compensation through a liability claim.
Serious Injuries Are Common
Motorcycle accidents often involve fractures, brain injuries, and spinal cord damage. Because no-fault law doesn’t apply, even injuries that wouldn’t qualify as “serious” under auto law can still be grounds for a lawsuit.
Drivers’ Legal Duties
Drivers must give motorcyclists a full lane, check blind spots, and avoid unsafe lane changes. Failing to follow these rules is negligence, and it opens the door to liability.
What New York Law Means for Motorcycle Accident Recovery
In New York, motorcyclists can recover full personal injury damages when another driver causes a crash. Unlike auto passengers and pedestrians, riders are not limited by the serious injury threshold to bring a lawsuit.
You Have a Right to Full Personal Injury Damages
Motorcyclists may pursue damages for medical care, rehabilitation, pain and suffering, lost wages, and permanent disability without needing to meet the statutory threshold.
Medical Bills and Lost Wages
Motorcycle crashes often result in hospital stays, surgeries, and months of therapy. Riders can recover for all past and future medical costs, as well as lost income and reduced earning potential.
Liability of Drivers and Others
Most claims target negligent drivers, but liability may also extend to commercial vehicle owners, road maintenance contractors, or even municipalities if poor road conditions contributed to the crash.
- Call (212) 858-0503 to speak with a New York motorcycle accident lawyer today.
A motorcycle crash can change everything in a split second. We fight so riders can move forward.
Understanding Motorcycle Accidents in New York
Motorcycle safety has been a growing concern across New York State. In 2021 there were 198 fatal motorcycle crashes with 204 deaths, and though bikes make up only about 2% of registered vehicles in NYC, motorcyclists have accounted for roughly 14% of traffic fatalities. Young men are most often the victims in fatal accidents involving motorcycles. In 2023, approximately 4,337 motorcycle crashes caused serious personal injuries in New York.
Nationwide, the number of motorcycle accident deaths have tripled since 1997, with 6,335 fatalities reported in 2023. This is the highest number of biker fatalities ever reported in the United States. It’s also a 26% increase in deaths since 2019.
Common Causes of Motorcycle Accidents
- Drivers failing to yield when turning left
- Unsafe lane changes and blind spot collisions
- Distracted or texting drivers
- Speeding or aggressive driving
- Dooring and opening car doors into motorcyclists
- Hazardous road conditions such as potholes or loose gravel
Common Motorcycle Accident Injuries
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Severe road rash and lacerations
- Internal bleeding and organ damage
- Wrongful death
Who Is Liable for a Motorcycle Accident in New York?
Multiple parties may be held accountable for motorcycle accident injuries, depending on how the crash occurred.
Negligent Drivers
Car and truck drivers who speed, drive distracted, or fail to yield are the most common defendants in motorcycle accident cases.
Vehicle Owners and Employers
If the at-fault vehicle was owned by a business or used for work, the owner or employer may share liability.
Municipalities
Poorly maintained roads, dangerous intersections, or missing signage may create liability for a city or town, though strict notice requirements apply.
Third Parties
In rare cases, liability may also extend to repair shops or manufacturers if mechanical defects or negligent maintenance contributed to the crash.
Compensation Available in a New York Motorcycle Accident Case
Medical Expenses
From emergency surgery to long-term rehabilitation, victims may recover all past and future medical costs.
Lost Wages and Reduced Earning Capacity
When motorcycle injuries prevent riders from returning to work, they can recover damages for both immediate lost wages and diminished future earnings.
Pain and Suffering
Motorcycle accidents often leave victims with chronic pain, PTSD, or loss of enjoyment of life. New York law allows recovery for these harms.
Wrongful Death Damages
If a rider is killed, surviving family members may pursue wrongful death claims for funeral expenses, lost financial support, and emotional loss.
How Our New York Motorcycle Accident Lawyers Can Help
Insurance companies often stereotype motorcyclists as reckless to avoid paying claims. Our firm knows how to counter those tactics with evidence, expert witnesses, and aggressive litigation.
- Investigate the crash using police reports, video, and eyewitness accounts
- Identify all liable parties beyond the at-fault driver
- Challenge bias against riders during negotiations and in court
- Fight for maximum recovery through settlement or trial
With offices in Manhattan and White Plains, we are positioned to represent riders throughout New York City and Westchester County.
Why Choose the Law Offices of Michael H. Joseph?
- Decades of Experience: Over 20 years representing injured riders in New York.
- Proven Results: Millions recovered in verdicts and settlements.
- Local Advantage: Offices in NYC and White Plains for convenient access.
- Client-First Approach: Personalized attention and aggressive advocacy from day one.
We Consistently Receive 5-Star Reviews
Cliff Nelson at Law Office of Michael Joseph handled two cases for me with very successful results. His deep knowledge of the law, along with his caring, thoughtful personality made the process as painless as possible. Clif always responded in a timely manner to my calls or emails and is very patient and thoughtful in explaining the complexities of the law in laymen’s terms. Both of my cases were very difficult and he was able to accomplish things that I didn’t expect. I highly recommend Clif – he is an all around great guy!
Frequently Asked Questions About Motorcycle Accidents in New York
Can I recover damages if I wasn’t wearing a helmet?
Yes. Not wearing a helmet does not bar recovery in New York, but it may affect damages if a head injury occurred. Riders are legally required to wear helmets, and insurance companies may raise this issue in negotiations.
How long do I have to file a motorcycle accident claim in New York?
Most motorcycle accident lawsuits must be filed within three years of the crash. Wrongful death claims must be filed within two years. If a municipality is involved, a notice of claim must usually be filed within 90 days.
Why are motorcycle accidents often more severe than car accidents?
Motorcycles offer no protective barrier, which means riders are directly exposed to the force of a crash. Even at low speeds, collisions can result in serious injuries that require surgery and long-term treatment.
Can I recover damages if the driver who hit me was uninsured?
Yes. If the at-fault driver was uninsured or fled the scene, you may still have options. Many riders carry uninsured/underinsured motorist (UM/UIM) coverage through their own policies, which can step in to cover medical bills, lost wages, and pain and suffering. If no such coverage exists, you may be able to file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC), but strict deadlines apply.
What if road conditions caused my motorcycle accident?
Poorly maintained roads, potholes, loose gravel, or missing signage are major hazards for riders. In some cases, a municipality or road contractor may be liable if unsafe conditions caused or contributed to your crash. Claims against government entities require a Notice of Claim, usually within 90 days, so it’s critical to speak with a lawyer quickly.
How does bias against motorcyclists affect my case?
Insurance companies often argue that motorcyclists are reckless by nature. This stereotype can unfairly influence settlement negotiations. An experienced attorney knows how to counter these arguments with hard evidence, such as accident reconstruction, eyewitness testimony, and your safe riding history, to prove liability where it belongs.
Time Is Running Out to File Your Claim
If you or a loved one was injured in a motorcycle accident in New York City or White Plains, don’t wait. The sooner you act, the stronger your case will be.
Call the Law Offices of Michael H. Joseph, PLLC, at (212) 858-0503