The Frankel Law Firm

Since 1978 · Attorney Advertising

New York Motorcycle Accident Lawyer

If a motorcycle crash injured you in New York — as a rider, passenger, or someone struck by a motorcycle — get medical care first. Then preserve what you can: photographs of the motorcycle, the other vehicle, the roadway, and your gear; the plate and description of any other vehicle; the names of people who saw what happened; and any report you were asked to sign. Call The Frankel Law Firm. There is no fee to speak with us or for us to evaluate a potential case.

Motorcycle accidents in New York

Motorcycles share New York City streets, bridges, expressways, and suburban roads with cars, trucks, buses, cyclists, and pedestrians. When a driver turns left across a rider’s path, changes lanes without looking, opens a door into a lane, or fails to yield at an intersection, the motorcycle offers little protection. Riders and passengers can suffer fractures, road rash, head and neck trauma, spinal injury, and lasting impairment. Pedestrians and people in other vehicles can also be hurt when a motorcycle is involved.

Fact patterns vary. A delivery rider may be cut off by a parked truck pulling out. A weekend rider may be struck from behind in stop-and-go traffic. A passenger on the back of a motorcycle may be thrown when another vehicle fails to stop. Weather, road surface, construction zones, and night riding all appear in real cases. Visibility, speed, helmet use, and the other driver’s attention to traffic are factual questions — not slogans.

This page focuses on motorcycle crashes in New York — for riders, passengers, and people hurt by a motorcycle. For a car crash that did not involve a motorcycle, see car accidents. For a bicycle crash, see bicycle accident. For truck or bus collisions, see those doors. Broader personal-injury questions live under personal injury and personal injury. Call The Frankel Law Firm to talk through what happened.

Fault, insurance, and coverage questions

Motorcycle cases often turn on how the crash happened and what insurance may respond — not on a single automatic rule. Drivers of cars, trucks, and other vehicles may be responsible when they fail to yield, turn across a rider’s path, or drive distracted. A municipality or contractor may appear when a road defect, missing warning, or construction condition contributed. Product questions can arise when a tire, brake, or other component fails, but those claims are fact-specific and are not assumed from a crash alone.

New York’s no-fault system does not treat motorcycles the same way it treats many passenger cars. Coverage for medical bills, lost wages, and liability can depend on the policies in play, whether another vehicle was involved, and the facts of the crash. It is not accurate to say that every motorcycle injury is covered by no-fault, that every motorcycle injury is excluded from no-fault, or that a rider always recovers from the other driver’s insurer. Those questions turn on evidence and policy language — not on labels.

For pain-and-suffering claims against a motor-vehicle insurer in many New York cases, Insurance Law § 5102(d) and related case law ask whether a “serious injury” threshold is met. That analysis is fact-dependent. Do not assume that a fracture, surgery, or time out of work automatically meets or fails any threshold. Always ask The Frankel Law Firm about your facts before drawing conclusions from a general description.

Riders, passengers, and others

A motorcycle crash can injure the operator, a passenger on the same motorcycle, a pedestrian, a cyclist, or an occupant of another vehicle. Those people may face different first questions. Riders and passengers often need to preserve the motorcycle and gear. Pedestrians and people in other vehicles may need different scene photographs and medical pathways. Workers hurt while riding for work may have workers’ compensation questions in addition to third-party claims against another driver or entity.

Say clearly, when you call, whether you were the rider, a passenger, a pedestrian, or in another vehicle, and whether the motorcycle was used for personal travel, delivery, or other work. That distinction helps the firm ask the right first questions. It does not decide the outcome of any claim.

Evidence to preserve after a motorcycle accident

Evidence fades. Motorcycles are towed and repaired, cameras are overwritten, and gear is discarded. When it is safe to do so, these steps often help:

  1. Get medical care and keep every discharge paper, imaging report, and follow-up note.
  2. Photograph the motorcycle, damage, road surface, skid marks if visible, traffic controls, construction nearby, and your injuries — date-stamp if you can.
  3. Note the other vehicle’s plate, make, model, color, and insurer information if exchanged; write down the approximate time and location.
  4. Write down the names and phone numbers of witnesses, responding officers, and any tow operators.
  5. Ask for a copy of any police or accident report when it becomes available; do not guess at facts you do not know.
  6. Keep the motorcycle, helmet, jacket, boots, and damaged clothing rather than discarding them until you have spoken with counsel — store them safely.
  7. Save texts, emails, or app messages about the crash, and any photos others send you.
  8. Do not give a recorded statement to an insurer before you have spoken with The Frankel Law Firm.

This checklist is not legal advice and is not a substitute for an evaluation of your facts. Safety comes first — do not re-enter a live roadway or move a motorcycle in an unsafe way to take photographs.

Common crash patterns we hear about

Left-turn collisions, lane-change and merge crashes, rear-end impacts in traffic, intersection failures to yield, and dooring-adjacent hazards near parked cars appear often in motorcycle matters. So do wet-road and construction-zone crashes where a rider has less margin for error. None of these patterns creates automatic liability. Each case turns on what the drivers and other parties did or failed to do, what the roadway and conditions were like, and what the evidence shows.

Helmet use, protective gear, and speed are topics insurers and defense counsel often raise. Those facts may matter to the analysis in a given case. It is not accurate to say that a rider who was not wearing a helmet can never recover, or that a rider who was wearing a helmet always recovers. Ask The Frankel Law Firm about how the facts of your crash may be viewed — do not assume an outcome from a headline rule.

Time limits — ask before you assume

CPLR § 214 sets a three-year period for many personal-injury actions. Exceptions, discovery rules, and other statutes can change the analysis. When a public corporation is involved — for example, certain city vehicles, authorities, or roadway entities — General Municipal Law § 50-e generally requires a Notice of Claim within ninety days after the claim arises. Late-notice relief under § 50-e(5) is discretionary, not automatic.

Always ask The Frankel Law Firm. Do not compute a deadline from this page, and do not assume that a private three-year period or a ninety-day public notice period applies to your matter.

Talk through what happened

If a motorcycle crash left you hurt in New York, call The Frankel Law Firm. There is no fee to speak with us or for us to evaluate a potential case.

Questions about motorcycle accidents in New York

What kinds of motorcycle accidents does this page cover?

This page focuses on crashes involving motorcycles in New York — whether you were the rider, a passenger, a pedestrian, or in another vehicle. Call The Frankel Law Firm for a free evaluation of your situation.

Does New York no-fault insurance cover motorcycle crashes?

Motorcycles are not treated the same way as many passenger cars under New York’s no-fault system. Coverage for medical bills, lost wages, and liability depends on the policies involved and the facts of the crash. It is not accurate to say that every motorcycle injury is covered by no-fault or that every motorcycle injury is excluded. Ask The Frankel Law Firm about your crash before assuming coverage.

What is the “serious injury” threshold?

In many New York motor-vehicle cases, Insurance Law § 5102(d) and related law ask whether a serious-injury threshold is met before certain pain-and-suffering claims proceed against a motor-vehicle insurer. The analysis is fact-dependent. Do not assume that a fracture, surgery, or time out of work automatically meets or fails the threshold. Ask The Frankel Law Firm.

What evidence helps after a motorcycle accident?

Photographs of the motorcycle, scene, and injuries; plate and vehicle details; witness and officer names; police reports; medical records; and preserved gear and clothing can all matter. Preserve what you can when it is safe. Call The Frankel Law Firm; the evidence checklist on this page is general information, not legal advice.

Does helmet use affect a motorcycle claim?

Helmet use and protective gear can be raised as factual issues in a case. It is not accurate to say that a rider without a helmet can never recover, or that a rider with a helmet always recovers. The analysis depends on the facts. Ask The Frankel Law Firm about your situation.

How soon should I call if a city vehicle or public roadway entity is involved?

When a public corporation is involved, General Municipal Law § 50-e generally requires a Notice of Claim within ninety days after the claim arises. That period can be short. Always ask The Frankel Law Firm promptly; do not compute a deadline from this page.

What does it cost to call The Frankel Law Firm?

There is no fee to speak with The Frankel Law Firm or to evaluate a potential motorcycle accident case. If the firm takes a matter, fee terms are explained in writing before anything is signed. Ask on the first call.

Should I read the motorcycle page, the car page, or the bicycle page?

If a motorcycle was involved, this page is the right place to start. If the crash was a car collision without a motorcycle, see car accidents. For bicycle crashes, see bicycle accident. Call The Frankel Law Firm either way — we will help you sort out the next step.

More information

Our attorneys

Michael Stewart Frankel
Reuven S. Frankel

Our offices

Manhattan
305 Broadway, 7th Floor
New York, NY 10007

Bronx
1500 Astor Avenue, 2nd Floor
Bronx, NY 10469

Phone: (212) 888-5100

Attorney advertising. Prior results do not guarantee a similar outcome. This page is general information about New York motorcycle accidents. It is not legal advice and does not create an attorney-client relationship. Whether negligence, Insurance Law serious-injury analysis, no-fault or other coverage, workers’ compensation, product theories, or a Notice of Claim applies depends on the facts. It is not accurate to say that every motorcycle injury is covered by no-fault, that every rider recovers, or that liability is always absolute. A telephone call or online inquiry does not create an attorney-client relationship. The firm represents a client only if it agrees to do so. Please do not send medical records until representation has been agreed.