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Auto Accident · Motorcycle

Motorcycle Accident Lawyer in New York City

Motorcyclists in New York face a different legal landscape than other injured people. New York’s no-fault PIP system does not apply to motorcyclists — meaning if you were riding a motorcycle when the accident happened, your medical bills and lost wages are not automatically covered by no-fault. But the threshold barrier to suing for pain and suffering does not apply either. Motorcyclists can pursue full damages against an at-fault driver from the day of the accident.

The cases also tend to be substantial because the injuries tend to be substantial. A motorcyclist hit by a car at intersection speeds typically has injuries that take months or years to fully resolve — if they ever do.

Amparo Law Firm represents injured motorcyclists across New York City and Long Island.
  • Left-turn collisions. Driver in the opposite direction turns left across an oncoming motorcyclist. The most common motorcycle accident pattern in the United States.
  • Lane changes into motorcyclists. Driver moves into the motorcyclist’s lane without checking blind spots.
  • Rear-end collisions where the car behind hits a stopped motorcycle.
  • Doorings of riders in motorcycle/scooter lanes or moving past parked cars.
  • Hit-and-runs — especially common with motorcycles given the lower visibility.
  • Roadway defect cases. Potholes, sewer cover failures, or roadway design issues that throw a motorcyclist down.

Motorcyclists are NOT covered by NY no-fault

Unlike drivers and passengers in cars, motorcyclists in New York are excluded from the no-fault PIP system. This has two consequences:

 

  1. No automatic medical/wage coverage through PIP. Your own health insurance, your motorcycle policy’s medical-payments coverage if any, or out-of-pocket pays the bills until the case resolves.
  2. No serious injury threshold. You can sue for pain and suffering from the day of the accident — you don’t have to clear the §5102(d) threshold that applies to other drivers.

 

This often makes motorcycle cases simpler in some ways and more financially complex in others.

Comparative fault

Standard New York comparative negligence applies. Even if the motorcyclist was partially responsible, recovery is reduced but not eliminated.

 

  • The at-fault driver
  • The driver’s insurance carrier (the at-fault driver’s bodily injury policy is your primary recovery source)
  • The driver’s employer if commercial / on-duty
  • The vehicle owner if different from the driver
  • NYC or other governmental entity in roadway-defect cases
  • MVAIC in hit-and-run or uninsured cases
  • Equipment manufacturers in product-defect cases
Learn more about Uber and Lyft cases

Motorcycle accidents produce some of the most severe injuries we see:

  • Traumatic brain injury (even with helmet use)
  • Spinal cord injuries
  • Multiple complex fractures, especially of lower extremities
  • Road rash and severe burns
  • Compartment syndrome from crush injuries
  • Internal injuries
  • Amputations
  • Fatal injuries

 

  • Call 911. Get the police report.
  • Get full medical evaluation, including imaging for head and spinal injuries.
  • Photograph the scene, your bike, the at-fault vehicle, your gear.
  • Save your helmet and gear — even damaged. They are evidence.
  • Get witness contact info.
  • Don’t give a recorded statement.
  • Don’t accept a quick settlement — initial offers in motorcycle cases are usually low.
  • Call us.

 

Same New York personal injury damages categories. Motorcycle cases often generate substantial damages.

Prior results do not guarantee a similar outcome.

Frequently asked questions.

What if I wasn’t wearing a helmet?
NY law requires helmets for motorcyclists. Not wearing one doesn’t bar your case but is comparative fault for head injuries.
NY law specifically excludes motorcyclists from PIP. This is a policy choice the legislature made decades ago. It cuts both ways — you don’t have automatic coverage, but you don’t have the serious injury threshold either.
Lane-splitting is illegal in NY (unlike California). If you were lane-splitting at the time of the accident, comparative fault applies. Doesn’t bar your case.
Three years for personal injury, two for wrongful death.
NYC and other governmental entities can be liable for roadway defects, but Notice of Claim (90 days) and “prior written notice” requirements can be tricky. Call us early.

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Injured in a New York motorcycle crash?

Riders are excluded from no-fault but have a faster path to pain-and-suffering recovery. Call us today.

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Call (646) 567-2726