Motorcycle accidents are among the most dangerous roadway collisions in New York City and across the state. Riders have little protection, and even a low-speed crash can cause life-changing injuries. Understanding your rights is essential — because New York law treats motorcycle accidents differently from other motor-vehicle crashes. Below, Roth & Khalife LLP explains your rights, responsibilities, and recovery options.
What should I do immediately after a motorcycle accident?
After a crash:
1. Call 911 and get medical help.
2. Stay at the scene for the police report.
3. Exchange insurance and driver information.
4. Take photos of the scene and injuries.
5. Collect witness information.
6. Avoid admitting fault.
7. Contact an NYC motorcycle accident lawyer as soon as possible.
Are motorcycles covered by New York’s “no-fault” insurance law?
No. Motorcyclists are excluded from New York’s no-fault insurance system. This means you cannot receive automatic medical or wage benefits under PIP. Instead, compensation comes from the at-fault driver’s insurance or through a personal injury lawsuit.
What if the other driver was uninsured or fled the scene?
If the at-fault driver is uninsured or involved in a hit-and-run, you can file under your own uninsured/underinsured motorist coverage. If you don’t have this coverage, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide benefits. A lawyer can help you apply and meet filing requirements.
Who can be held liable for a motorcycle accident?
Potentially responsible parties include:
– Negligent drivers
– Vehicle owners
– Employers of commercial drivers
– Government entities for unsafe roads
– Manufacturers of defective parts
Your attorney investigates all angles to establish liability and maximize compensation.
What types of compensation can I recover?
You can pursue full compensation for:
– Medical expenses
– Lost wages and reduced earning capacity
– Pain and suffering
– Property damage
– Emotional distress and loss of enjoyment of life
– Wrongful death (if applicable)
Because no-fault doesn’t apply, you can recover the full value of your damages.
What if I was partly at fault for the crash?
New York follows pure comparative negligence. Even if you were partly at fault, you can still recover damages reduced by your percentage of fault. A lawyer can use evidence to counter insurer claims and reduce fault percentages.
What common injuries occur in NYC motorcycle crashes?
Common injuries include head trauma, spinal cord injuries, broken bones, internal bleeding, and severe road rash. Many require surgery and long-term care. Experienced attorneys factor these lifelong impacts into settlement demands.
What are New York’s helmet and safety gear laws?
All riders and passengers must wear DOT-approved helmets and eye protection under NY law. Failing to do so doesn’t bar recovery but may reduce compensation if injuries were worsened by lack of safety gear.
How long do I have to file a motorcycle accident lawsuit?
The statute of limitations is three years from the accident date. If a government entity is involved, a Notice of Claim must be filed within 90 days. Act quickly to preserve evidence and meet deadlines.
What if a loved one was killed in a motorcycle accident?
Family members may file a wrongful death lawsuit for medical bills, funeral costs, lost income, and emotional loss. These cases must be filed within two years of the death. Roth & Khalife LLP handles wrongful death claims with compassion and determination.
Why do insurance companies undervalue motorcycle claims?
Insurers often stereotype riders as reckless and minimize claims. They may offer quick, low settlements or dispute injury severity. An attorney protects you by managing all communications and negotiating aggressively for fair value.
How much does it cost to hire a motorcycle accident lawyer?
Roth & Khalife LLP works on a contingency basis — no upfront fees and no payment unless we win. This allows every injured rider to access strong legal representation regardless of income.
What sets Roth & Khalife LLP apart?
Our firm combines local NYC insight with decades of experience. Our motorcycle accident lawyers conduct detailed investigations, collaborate with experts, and prepare every case for trial. We’ve recovered millions for injured New Yorkers and are ready to fight for you.
Final Thoughts
Motorcyclists face unique risks — and unique legal challenges — after an accident in New York. Because no-fault doesn’t apply, proving negligence is essential. If you’ve been injured, contact Roth & Khalife LLP for a free consultation. We’ll protect your rights, pursue justice, and fight for the compensation you deserve.