NYC Motorcycle Accident Lawyer – Maximum Compensation for Injured Riders
Motorcyclists are among the most vulnerable people on New York City roads. According to the National Highway Traffic Safety Administration (NHTSA), motorcycles are 29 times more likely to result in a fatality per mile traveled than passenger cars. When a crash happens, the consequences are rarely minor – broken bones, traumatic brain injuries, road rash, amputations, and death are all far too common.
If you were injured in a motorcycle accident in New York City, you face two battles: recovering from your injuries and fighting an insurance industry that is already building a case against you. At Linden Law, Jason Linden handles both.
Call (212) 804-8440 for a free consultation. No fee unless we win.
The Bias Against Motorcyclists – and How We Fight It
Here is the reality: insurance companies, adjusters, and sometimes juries arrive with a preconceived notion that motorcyclists are reckless risk-takers who brought their injuries on themselves. This bias is unfair, and it is wrong – but it exists, and it affects outcomes when an experienced attorney does not push back against it.
Jason Linden prepares every motorcycle case to counter this narrative head-on. We gather evidence of the other driver’s negligence, document traffic law violations, secure witness statements, and where necessary, retain accident reconstruction experts who can demonstrate exactly how and why the crash happened. Your riding history, your gear, your experience level – none of that makes you responsible for a driver who failed to yield.
NYC-Specific Motorcycle Hazards
Lane splitting is illegal in New York. Unlike California, New York does not permit motorcyclists to ride between lanes of slow or stopped traffic. However, lane splitting is frequently used by the defense as a scapegoat even in accidents where it played no role. We anticipate this argument and prepare for it.
Rear-end crashes at intersections are extremely common for motorcycles in NYC. A driver following too closely – or staring at a phone – can slam into a stopped motorcycle with devastating force. The motorcycle rider has almost no protection.
Left-turn accidents are among the most deadly for motorcyclists nationwide. A driver misjudging the speed and distance of an oncoming motorcycle while making a left turn is responsible for a significant percentage of fatal rider crashes. “I didn’t see him” is not a legal defense.
Road defects – potholes, cracked asphalt, oil slicks, improperly maintained construction zones – that pose minor annoyances to car drivers can be lethal for motorcyclists. If a road defect contributed to your crash, the City or a private contractor may bear liability.
Motorcycle Insurance Is Different in New York
This is critical: motorcycles are excluded from New York’s no-fault (Personal Injury Protection) system. Unlike car accident victims, injured motorcyclists cannot file a no-fault claim against the other driver’s insurance for automatic coverage of medical bills and lost wages.
This means motorcycle accident victims must pursue compensation through a liability claim or lawsuit against the at-fault driver – and that process requires establishing fault before you receive payment. It also means that having your own Supplemental Uninsured/Underinsured Motorist (SUM) coverage on your motorcycle policy is especially important. If the driver who hit you has minimal or no insurance, your SUM coverage may be your primary source of recovery.
Helmet Law and Your Damages
New York State requires all motorcycle riders to wear a helmet (Vehicle and Traffic Law §381). If you were not wearing a helmet at the time of your accident, the defense will argue that you contributed to your own head injuries. This can reduce – but not eliminate – your compensation under comparative negligence principles.
Even if you were helmetless, you can still recover damages for injuries unrelated to your head, and in many cases even for head injuries where the helmet’s impact on the outcome is disputed. We work with medical experts to limit the impact of this argument.
Common Motorcycle Accident Injuries
- Traumatic brain injury (TBI) and skull fractures
- Spinal cord injury, including paraplegia and quadriplegia
- Road rash – ranging from painful surface wounds to deep tissue and nerve damage
- Fractured arms, legs, hands, and feet
- Internal injuries and internal bleeding
- Amputations
Frequently Asked Questions
Is motorcycle insurance different from car insurance in NY?
Yes, significantly. Motorcycles are excluded from New York’s no-fault PIP system, which means there is no automatic coverage for your medical bills and lost wages after a crash. You must pursue a liability claim against the at-fault driver. Having your own Supplemental Uninsured/Underinsured Motorist (SUM) coverage on your motorcycle policy is highly advisable – it protects you if the other driver has little or no insurance.
What if I wasn’t wearing a helmet when the accident happened?
New York law requires motorcycle riders to wear helmets. If you were not wearing one, the defense will likely argue you contributed to your head injuries. However, comparative negligence means your claim is not eliminated – it may be reduced. You can still recover for injuries to the rest of your body, and we work to contest the causal connection between the lack of a helmet and specific injuries through expert testimony.
Can I still recover compensation if I was lane splitting?
Lane splitting is illegal in New York. If you were lane splitting at the time of the accident, it will be raised by the defense. However, whether lane splitting contributed to the specific accident is a factual question. If the other driver ran a red light, made an illegal turn, or was texting – and that conduct caused the crash – your lane splitting may have little or no bearing on liability. Every case turns on its specific facts.
What if the other driver says they didn’t see me?
“I didn’t see you” is not a legal defense – it is an admission that the driver was not paying adequate attention. Drivers have a legal obligation to observe the road and yield to oncoming traffic. Failure to see a motorcycle because of inattention or inadequate lookout is negligence. We document these claims thoroughly and often use accident reconstruction to demonstrate what the driver should have seen and when.
How much can I recover for a motorcycle accident in NYC?
Given the severity of typical motorcycle accident injuries, these cases often yield substantial recoveries. Compensation can include: past and future medical expenses, lost wages and diminished earning capacity, pain and suffering, loss of enjoyment of life, and in fatal cases, wrongful death damages. The available insurance coverage is also a key factor. We evaluate all available policies – the at-fault driver’s liability coverage, your own SUM coverage, and any other applicable policies – to maximize your recovery.
No Fee Unless We Win
Linden Law handles motorcycle accident cases on a contingency fee basis. You pay nothing to retain us, and nothing throughout the process. We only collect a fee when we win.
Call (212) 804-8440 or contact us online for your free consultation. Our office is at 250 West 57th St., Suite 432, New York, NY 10017. If your injuries prevent you from traveling, we can come to you.