Motorcycle accidents are handled differently than car accidents in New York because different insurance laws apply, injuries are often more severe, and liability is frequently disputed. Riders generally are not covered by New York’s no-fault insurance system, which means recovering compensation often requires pursuing a claim directly against the at-fault driver.
For motorcyclists in Brooklyn, the Bronx, and throughout New York City, understanding these differences is important after a crash. The steps you take, and the legal issues involved may differ from those in a typical car accident.
Motorcyclists Are Not Covered by New York’s No-Fault Insurance Law
One of the biggest differences between motorcycle and car accident claims involves insurance coverage.
Most drivers injured in passenger vehicle accidents can initially rely on New York’s no-fault insurance system for medical expenses and certain lost wages, regardless of who caused the collision. Motorcycle riders, however, are generally excluded from these Personal Injury Protection (PIP) benefits.
As a result, injured motorcyclists often need to seek compensation directly from the driver or other party responsible for the accident. Medical bills, lost income, and other expenses may begin accumulating immediately, making it important to understand your legal options as soon as possible.
Motorcycle Accidents Often Cause More Serious Injuries
Unlike occupants of passenger vehicles, motorcyclists have very little protection during a collision. Even when wearing appropriate safety gear, riders are vulnerable to significant injuries.
Common motorcycle accident injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Road rash
- Internal injuries
- Permanent disability
Because these injuries frequently require surgery, rehabilitation, and long-term medical care, motorcycle accident claims often involve substantially higher damages than many car accident cases.
Liability Is Often More Heavily Disputed
Insurance companies frequently scrutinize motorcycle accident claims more closely than other motor vehicle accidents. In some cases, adjusters attempt to place blame on the rider by arguing that excessive speed, unsafe lane changes, or other riding behavior contributed to the crash.
New York follows a pure comparative negligence rule, which means an injured motorcyclist may still recover compensation even if they were partially responsible for the accident. However, any recovery may be reduced based on the rider’s percentage of fault.
Establishing exactly how a collision occurred is often one of the most important aspects of a motorcycle accident claim.
Evidence Can Play a Critical Role
Because liability is frequently disputed, preserving evidence after a motorcycle accident is especially important.
Evidence may include:
- Police reports
- Photographs of the accident scene
- Damage to the motorcycle and other vehicles
- Surveillance or traffic camera footage
- Witness statements
- Medical records
- Accident reconstruction analysis when appropriate
The sooner evidence is gathered, the easier it may be to establish what happened and identify the parties responsible for the crash.
How Compensation Is Calculated
Like other personal injury claims, motorcycle accident victims may seek compensation for both economic and non-economic damages.
Depending on the circumstances, compensation may include:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Property damage
- Other accident-related losses
If a motorcycle accident results in a fatal injury, surviving family members may also have the right to pursue compensation through a wrongful death claim under New York law.
Legal Help After a Motorcycle Accident in NYC
If you were injured in a motorcycle accident in Brooklyn, the Bronx, or elsewhere in the New York City area, contact The Pryor Law Firm for a free consultation. We can evaluate your case, explain your legal options, and help you pursue the compensation you deserve.
Frequently Asked Questions
Are motorcycle accidents covered by no-fault insurance in New York?
Generally, no. Unlike occupants of passenger vehicles, motorcycle riders are typically excluded from New York’s no-fault insurance system and must often pursue compensation directly from the at-fault party.
Can I recover compensation if I wasn’t wearing a helmet?
Possibly. Whether not wearing a helmet affects your claim depends on the facts of the accident and your injuries. It may become an issue when determining damages, but it does not automatically prevent you from pursuing compensation.
What if the driver says they didn’t see my motorcycle?
Drivers have a duty to remain alert and watch for all vehicles on the road, including motorcycles. A claim does not fail simply because a driver says they did not see the rider. The available evidence will help determine how the collision occurred.
How long do I have to file a motorcycle accident lawsuit in New York?
In most cases, you have three years from the date of the accident to file a personal injury lawsuit in New York. Different deadlines may apply in certain situations, so it is important to seek legal advice promptly.