Mike Greenspan
Content Legally Reviewed By: Mike Greenspan – Attorney

Motorcycle Accident Lawyers in New York — Fighting for Riders Across the State

There is nothing like the freedom of riding a motorcycle, whether navigating the streets of New York City or exploring the scenic routes throughout the state. Unfortunately, motorcycle accidents happen far too often, and the aftermath can leave riders facing life-altering injuries, mounting medical bills, and an uncertain future.

At Greenspan & Greenspan Injury Lawyers, our team of experienced attorneys understands the unique challenges motorcyclists face. For over 60 years, we have been committed to helping injured riders fight for the compensation they need to recover and rebuild their lives. If you or a loved one has been injured in a crash, a New York motorcycle accident lawyer can provide the guidance and advocacy you deserve.

New York Motorcycle Accident Lawyers

What Are the Most Common Motorcycle Accident Injuries?

Motorcyclists are far more vulnerable on the road than drivers in passenger vehicles. With limited protection, even a minor collision can result in devastating injuries. Our attorneys have helped clients recover compensation for a wide range of motorcycle accident injuries, including:

  • Broken bones,
  • Road rash and severe lacerations,
  • Traumatic brain injuries (TBI),
  • Spinal cord injuries leading to paralysis,
  • Internal organ damage,
  • Severe burns,
  • Permanent disabilities or disfigurement, and
  • Fatal injuries resulting in wrongful death claims.

Motorcycle injuries often require extensive medical care, including surgeries, rehabilitation, and long-term support. A skilled New York motorcycle accident attorney can help you pursue the compensation needed to cover these costs.

Case Spotlight: He Was in Surgery. We Were Already Building His Case.

After a devastating crash caused by an inexperienced driver, Dave was facing surgeries and uncertainty. We showed up when others didn’t—and built such a strong case that the other side knew trial wasn’t even an option.

While other lawyers offered to meet with him at their office, We drove over and met with Dave at his home prior to surgery.

That early action made all the difference—preserving evidence, proving fault, and putting pressure on the other side from day one.

If you’ve been injured in a motorcycle accident, you don’t just need legal help.
You need someone who takes your fight personally—and shows up when it matters most.

What Causes Most Motorcycle Accidents in New York?

Motorcycle crashes are often the result of another driver’s negligence. Despite their smaller size, motorcycles have the same rights on the road as any other vehicle. Unfortunately, drivers often fail to see motorcyclists or respect their right of way. Common causes of motorcycle accidents include:

  • Distracted driving. Texting, using GPS, or other distractions can lead to devastating crashes.
  • Speeding. Excessive speed reduces reaction time and increases the severity of collisions.
  • Failure to yield. Drivers who fail to yield at intersections or during lane changes can cause motorcycle accidents.
  • Driving under the influence. Impaired drivers pose a significant risk to all road users, especially motorcyclists.
  • Road hazards. Potholes, debris, and uneven pavement are hazardous for motorcycles.
  • Reckless driving. Aggressive behaviors like tailgating, weaving between lanes, or ignoring traffic signals can lead to collisions.
  • Opening car doors. A common hazard in urban areas like New York City is drivers or passengers opening doors into a motorcyclist’s path.

If another party’s negligence caused your accident, you have the right to hold them accountable. A New York motorcycle accident lawyer from our firm can help identify the cause of your crash and gather the evidence needed to build a strong case.

How a New York City Motorcycle Accident Lawyer Can Help You

Recovering after a motorcycle accident is not just about physical healing — it is also about securing the resources you need to move forward. At Greenspan & Greenspan Injury Lawyers, we take the burden off your shoulders so you can focus on recovery.

Our attorneys can assist with:

  • Conducting a thorough investigation to determine liability;
  • Collecting evidence, including witness statements, police reports, and medical records;
  • Negotiating with insurance companies to pursue maximum compensation; and
  • Advocating for you in court if you cannot reach a fair settlement.

Insurance companies often try to minimize payouts to injured motorcyclists. A knowledgeable attorney can level the playing field and help you fight for the full compensation you deserve.

What Damages Can You Recover After a Motorcycle Accident?

Victims of motorcycle accidents in New York may be entitled to compensation for a wide range of damages, including:

  • Medical expenses—past and future costs for treatment, surgeries, rehabilitation, and medications;
  • Lost wages—compensation for income lost due to missed work and diminished earning capacity;
  • Property damage—costs associated with repairing or replacing your motorcycle;
  • Pain and suffering—recovery for physical pain, emotional distress, and loss of enjoyment of life;
  • Permanent disability—compensation for injuries resulting in lifelong impairments or disfigurement; and
  • Wrongful death—funeral expenses, loss of companionship, and financial support.

Courts may sometimes award punitive damages to penalize the at-fault party’s incredibly reckless or egregious behavior. A New York motorcycle accident attorney can assess your case and help determine the types of compensation you may be entitled to pursue.

What Does New York’s 2023–2024 Crash Data Reveal About Rider Risk?

Of all the people sharing New York’s roads, motorcyclists face the greatest risk of serious injury or death. The patterns behind those crashes, where they happen, why they happen, and who is responsible, are exactly what our New York motorcycle accident lawyers use to build your case and fight for the compensation you deserve.

Crash Volume and Fatality Trends

The frequency of fatal and personal injury motorcycle accidents saw a notable uptick, rising from 4,525 in 2023 to 4,869 in 2024, a surge of roughly 7.6%. This increase reflects a troubling and persistent upward trend since 2020, driven primarily by personal injury cases, which jumped from 4,337 to 4,681. Deaths among motorcyclists rose marginally over the same period, from 187 in 2023 to 189 in 2024, consistently representing 17% of all traffic-related deaths in the state. 

That modest rise becomes more significant when viewed against the broader trend: total traffic fatalities across New York actually decreased from 1,104 to 1,090 during the same period, meaning motorcyclists now represent a growing share of the state’s overall death toll even as road safety improved for other vehicle types. 

Weekly Distribution

The timing of these crashes remained fairly consistent year over year. Saturday remains the most dangerous day for riders, accounting for 17% of accidents. In 2024, Thursday saw a slight increase to 15%, aligning with the high incident rates typically seen on Fridays and Sundays.

The Role of Alcohol

Encouragingly, alcohol involvement in motorcycle crashes fell from 3% in 2023 to 2% in 2024. This rate now mirrors that of passenger vehicle drivers, effectively challenging the unfair bias that motorcyclists are more likely to be impaired and showing that most riders are responsible road users. 

How Does New York Law Define Fault in a Motorcycle Accident Case?

Winning a motorcycle accident claim in New York requires more than proving the other driver hit you. Motorcycle accident claims rest on the common law tort of negligence. To establish liability, a plaintiff must prove that the: 

  • Defendant owed a duty of care to the motorcyclist, 
  • Defendant breached that duty, 
  • Breach was the proximate cause of the accident, and 
  • Plaintiff suffered actual, compensable damages as a result. 

Every licensed driver on New York roads owes a duty of reasonable care to all other road users, including motorcyclists. That duty includes staying attentive behind the wheel and operating a vehicle in a manner that does not put others at risk.

Can You Recover Even If You Were Partly at Fault?

Being partly at fault for an accident does not necessarily mean you walk away with nothing. Under New York’s comparative negligence doctrine, the law reduces your compensation by whatever percentage of fault is assigned to you. For instance, if a jury finds you 30% responsible for a crash that caused $500,000 in damages, you recover $350,000. However, if you are more than 50% responsible for the accident, you will not be able to recover compensation. 

The Impact of Helmet Use on Fault

New York law also requires all motorcyclists and their passengers to wear a Department of Transportation (DOT)-approved helmet while operating or riding on a motorcycle. If you were not wearing a helmet at the time of the accident, a defendant may argue that your choice contributed to your injuries. A court may reduce your recovery by a percentage reflecting that decision. A skilled New York motorcycle accident attorney will work to contain the fault attributed to the helmet issue and maximize recovery for injuries with no causal connection to it.

How Do Insurance Companies Handle Fault?

Insurance companies know the comparative negligence rules well and routinely attempt to assign motorcyclists inflated percentages of fault to reduce their financial exposure. An experienced New York motorcycle accident lawyer knows how to challenge those apportionment arguments with evidence, accident reconstruction, and expert testimony.

Why Do Motorcyclists Play by Different Insurance Rules in New York?

Most drivers in New York can file a no-fault claim with their own insurer to get their medical bills paid quickly, without waiting to prove who caused the accident. Motorcyclists do not have that option. New York’s no-fault automobile insurance system expressly excludes motorcycles, which means an injured rider cannot access those quick insurance payments through their own policy or through the at-fault driver’s policy. 

Although motorcyclists initially bear out-of-pocket medical costs, an injured motorcyclist can sue the at-fault driver without having to clear any preliminary legal hurdles. No matter how serious or minor your injuries appear, you have the right to pursue a claim. How much you can actually recover, however, depends on the nature and severity of your injuries.

What Is the Serious Injury Threshold and When Does It Apply? 

When a motorcyclist seeks compensation for pain and suffering, emotional distress, or loss of enjoyment of life, New York law requires that their injuries meet a legal standard known as the serious injury threshold. In plain terms, the law wants to see that your injuries are genuinely significant, not a minor inconvenience. 

Recovering compensation for pain and suffering requires satisfying at least one of the following categories:

  • Significant disfigurement;
  • Bone fracture;
  • Permanent loss of use of a body organ, member, function, or system;
  • Permanent consequential limitation of a body organ or member;
  • Significant limitation of use of a body function or system; or
  • A medically determined injury or impairment preventing the performance of substantially all customary daily activities for 90 of the 180 days following the accident.

Given the trauma that motorcycle collisions routinely produce, most riders generally satisfy one or more of these categories. Defense attorneys and insurance companies frequently contest the threshold by presenting independent medical examinations (IMEs) and surveillance footage intended to minimize the apparent severity of a rider’s injuries. Our New York motorcycle accident lawyers retain qualified medical experts and build comprehensive evidentiary records to defeat these challenges.

Does Liability Stop at the Driver?

In New York, legal responsibility for a crash does not always end with the person behind the wheel. The law holds vehicle owners accountable for injuries caused by anyone they allow to drive their vehicle. New York courts have long presumed that any driver on the road operates a vehicle with the owner’s permission, which means the owner bears the burden of proving otherwise. This allows an injured motorcyclist to pursue both the driver and the registered owner of the at-fault vehicle, opening the door to additional insurance coverage and financial resources for full compensation.

One important limitation applies to rental vehicles. Federal law specifically protects car rental and leasing companies from this type of ownership liability. You generally cannot sue the rental company simply because it owned the vehicle and would need a separate reason to pursue the rental company (e.g., the company failed to repair a mechanical defect).

When the Motorcycle Itself Was the Problem

Not every motorcycle accident involves driver negligence. Defective motorcycle components, such as faulty brakes, tire blowouts caused by manufacturing defects, and throttle malfunctions, can cause crashes independent of any driver error. In these situations, you can pursue product liability claims against the manufacturer, distributor, or retailer of the defective component. 

New York recognizes strict liability for defective products, meaning you do not need to prove that the manufacturer was careless. You only need to prove that the product was defective and that the defect caused your injuries. The defect may lie in the product’s design, its manufacturing, or the failure to provide adequate warnings about known risks. 

Is the Government Liable for Dangerous Road Conditions? 

Motorcycles are far more sensitive to road conditions than cars. When a government agency fails to maintain a road under its authority, a rider can hold it accountable for any resulting injuries. All of the following road hazards can cause a motorcyclist to lose control: 

  • Potholes, 
  • Missing guardrail, 
  • Poor signage, or 
  • Poorly designed stretch of road. 

Filing a claim against a government entity in New York requires compliance with strict notice requirements. A claimant must file a Notice of Claim within 90 days of the accident before filing suit against a municipality. Missing that 90-day deadline typically bars the claim entirely, with very limited exceptions. 

How Long Do You Have to File? New York’s Deadlines Explained

New York’s general personal injury statute of limitations gives an injured motorcyclist three years from the date of the accident to commence a lawsuit. The wrongful death statute of limitations runs two years from the date of death and requires that the personal representative of the decedent’s estate bring the action. Claims against municipalities and the state carry shorter pre-suit notice requirements, effectively accelerating the timeline well before any lawsuit is filed.

These deadlines may seem like plenty of time, but they pass faster than most people expect, and time works against you in more ways than one. Surveillance footage is routinely overwritten within 30 to 90 days, witness memories fade, and electronic data from vehicles degrades quickly. By the time many riders think about pursuing a claim, critical evidence is already gone. The sooner you speak with a New York motorcycle accident lawyer, the better positioned you are to protect your rights and preserve everything needed to build a strong case.

Why Choose Greenspan & Greenspan Injury Lawyers?

Our New York motorcycle accident law firm has been a trusted name in personal injury law for over six decades. We provide compassionate and aggressive representation to injured riders throughout New York, including New York City.

What sets us apart from some other New York personal injury firms is our:

  • Experience. Established in 1959, our firm has a long history of success in motorcycle accident cases.
  • Personalized attention. We provide individualized support to every client, ensuring their unique needs are met.
  • Bilingual services. Our Spanish-speaking staff is here to assist clients in their preferred language.
  • Full-service advocacy. We handle every aspect of your case, from property damage claims to pursuing maximum compensation for your injuries.

When you work with us, you are not just another case file. You are a valued client who deserves justice. Rest assured, we are here to fight for you.

Contact a New York Motorcycle Accident Lawyer at Greenspan & Greenspan Injury Lawyers Today

The road to recovery after a motorcycle accident can be long and challenging, but you do not have to face it alone. At Greenspan & Greenspan Injury Lawyers, we are committed to helping injured motorcyclists secure the financial recovery they need to rebuild their lives.

Whether you were injured in the heart of New York City or elsewhere in the state, our team is ready to stand by your side. Contact us today to schedule a free consultation with an experienced New York motorcycle accident lawyer in one of our offices. Call us or fill out our online contact form to get started. Let us help you get the justice you deserve after a motorcycle accident in New York.

Frequently Asked Questions

Does New York’s No-Fault Insurance System Cover Motorcycle Accident Injuries?

No. New York’s no-fault automobile insurance system expressly excludes motorcycles. This means that if you sustain injuries in a motorcycle accident, you cannot access no-fault personal injury protection benefits through your own or at-fault driver’s insurance policies. You bear out-of-pocket medical costs initially and must go directly after the at-fault driver to recover what you are owed.

Can I Still Recover Damages If I Was Not Wearing a Helmet at the Time of the Accident?

Yes, but your compensation may be reduced. New York requires all motorcyclists and passengers to wear a DOT-approved helmet, and if you were not wearing one, the other side will argue that your choice contributed to your injuries. Our New York motorcycle accident lawyers will work to ensure that one decision does not define the outcome of your case.

What Is the Deadline to File a Motorcycle Accident Lawsuit in New York?

For standard negligence claims against private parties, New York’s statute of limitations gives you three years from the date of the accident to commence a lawsuit. For wrongful death claims, the deadline is two years from the date of death. If any governmental entity bears responsibility for your accident, you must file a Notice of Claim within 90 days of the accident before you can sue. 

What Should I Do Immediately After a Motorcycle Accident in New York?

The steps you take in the hours and days after a motorcycle crash directly shape the strength of your legal claim. It is critical to first address your health and treat your injuries, regardless of whether you think they are minor. If you can, document the scene, obtain contact information from any witnesses, avoid giving recorded statements, preserve all physical evidence, and call our firm immediately.

How Do New York Courts Handle Motorcycle Accident Cases Where Multiple Parties Share Fault?

When multiple defendants share fault, the law allows them to seek financial contribution from one another, ensuring no single party can walk away from their share of the liability. This works in your favor because it creates a legal obligation for all responsible parties to contribute to your compensation, regardless of who the initial claim is filed against.

Understanding how to apportion fault across multiple parties is one of the most complex aspects of a motorcycle accident case, and having an experienced New York motorcycle accident lawyer fighting for the correct outcome can make a significant difference in what you ultimately recover.

Legal References Used to Inform This Page

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