New York Motorcycle Accident Lawyer

Does no-fault insurance cover motorcycle riders in New York?

Generally no. New York's no-fault system does not cover people injured while operating or riding on a motorcycle, so riders usually cannot collect the basic benefits that car occupants receive.

That changes how a rider's claim is handled. Early medical bills usually go to health insurance or to medical payments coverage on the motorcycle policy, if you bought it. Lost wages are not paid by no-fault either. The liability claim against the driver who caused the crash, and your own supplementary uninsured and underinsured motorist coverage, often become the main sources of recovery. How the serious injury threshold applies to a rider's claim also depends on who the parties are, which is something we check at the start of every case.

What does New York's helmet law mean for my claim?

New York requires every operator and passenger to wear an approved helmet. Riding without one is a traffic violation, and the defense will try to use it.

Even then, the missing helmet does not change who caused the crash. The usual argument is that a helmet would have reduced a head injury, so the defense may ask a jury to assign some fault for that injury. It has little to do with a broken leg, a crushed hand or road rash. When a rider was wearing a helmet, we preserve it, because the damage pattern can show how hard the impact was and where it came from.

Where are riders most at risk in New York?

Riders are hurt on both crowded city streets and winding upstate roads. The riding season is shorter upstate, roughly spring through fall, and that compressed season puts many riders on the same roads at once.

• Bear Mountain, the Palisades area and Hudson Valley routes on summer weekends
• Catskills and Adirondacks two-lane roads with tight curves, gravel and wildlife
• Finger Lakes and Lake Erie shore routes with heavy tourist traffic
• Long Island roads with fast traffic and frequent lane changes
• New York City streets, where double-parked trucks, opening car doors and potholes are constant hazards

Lane splitting has no express authorization in New York, so riders should expect the defense to argue fault if a crash happened between lanes of traffic.

How does fault get split in a New York motorcycle crash?

New York uses pure comparative fault, so a rider's recovery is reduced by any share of fault but never cut off. Juries sometimes start with a bias against riders, so evidence matters.

Here is an example. A driver on Long Island changes lanes into a motorcycle without signaling. The rider was traveling 10 miles over the limit. A jury values the rider's damages at $400,000 and finds the driver 85% at fault and the rider 15% at fault. The rider recovers $340,000. If the rider had also been riding without a helmet and suffered a head injury, the defense might try to raise the rider's share for that injury alone.

Can I bring a claim for a pothole or road defect?

Sometimes, but claims against a city, town or the state come with strict procedures. Most municipalities require a notice of claim within 90 days, and many have prior written notice laws that limit liability unless the defect was formally reported before the crash.

Those rules make early investigation important. We look for earlier complaints, repair records and photographs showing how long the defect existed. Claims against the State of New York itself go to the Court of Claims under separate rules. Our government and public property claims page explains the process in more detail.

What should a rider do after a crash in New York?

Get medical care right away, then protect your evidence and your insurance rights.

1. Keep your helmet, jacket and gear unrepaired and unwashed.
2. Photograph the bike, the other vehicle and the road surface.
3. Notify your motorcycle insurer and any household auto insurer promptly, especially for SUM claims.
4. Write down the names of riding partners and other witnesses.

Most motorcycle injury lawsuits against private drivers must be filed within 3 years. Our New York injury overview explains the state's broader rules, and our New York wrongful death page helps families after a fatal crash. Learn more on our motorcycle accident page. We offer a free case review, and you pay no fee unless we win.