Personal Injury Lawyers Bronx and Westchester County, New York

What Are the Legal Rights of Motorcyclists After a Crash in NY?

Motorcyclist wearing a black helmet and backpack riding through heavy city traffic, surrounded by cars and brake lights on a multi-lane street.

May is Motorcycle Safety Awareness Month

May marks Motorcycle Safety Awareness Month — a time when riders across New York take advantage of the warmer weather and hit the road. But in cities like Manhattan and the Bronx, that excitement often comes with danger. Every year, thousands of motorcyclists are injured in motorcycle accidents that could have been prevented if other drivers had simply paid attention.

According to WLIW News, there were more than 5,100 motorcycle crashes in New York last year alone, including 193 fatalities. These aren’t just numbers — they represent real lives shattered in an instant, often by drivers who claim they “didn’t see” the motorcycle.

If you were hurt in a crash or someone you love was killed, you may have more legal options than you think. An experienced New York City motorcycle accident lawyer at Giampa Law can help you understand your rights and take action to hold the negligent driver accountable.

You Have the Right to Hold Negligent Drivers Accountable

Most motorcycle crashes aren’t accidents in the true sense — they’re the result of a driver making a careless or reckless decision. Whether it’s running a red light, turning left in front of a motorcycle, drifting into another lane, or following too closely, drivers in passenger vehicles are often the ones who create dangerous conditions.

Under New York law, if someone else’s actions caused your crash, you have the right to hold them legally and financially responsible. That includes the cost of your medical care, lost income, and pain and suffering. You shouldn’t be stuck paying the price for a driver who failed to share the road. A New York motorcycle accident attorney can help you gather evidence, prove liability, and take action to get the compensation you deserve..

You Can Still Pursue a Claim Even If You Were Partly at Fault

Motorcycle accidents happen fast, and in the aftermath, it’s easy to wonder whether something you did might have contributed to the crash. But even if you were partly at fault, New York law still gives you the right to seek compensation.

That’s because New York follows a comparative fault system. This means your compensation is reduced by your percentage of responsibility, but you don’t lose your right to file a claim. For example, if your damages total $100,000 and you're found to be 30% at fault, you could still recover $70,000.

This rule is especially important in motorcycle crash cases, where insurance companies often try to blame the rider. A lawyer can help protect your rights and push back against unfair claims of fault.

You Can Seek Compensation for the Full Impact of the Crash

The aftermath of a motorcycle accident is rarely just physical. Riders often face a long road to recovery — one that includes emotional trauma, financial stress, and life-altering changes.

In New York, injured motorcyclists can seek compensation for both economic and non-economic damages. That means you may be able to recover money for:

  • Ongoing physical pain or limited mobility
  • Scarring, disfigurement, or loss of function
  • Emotional distress, anxiety, or PTSD
  • Inability to work, earn an income, or pursue your career
  • Loss of enjoyment of life or everyday activities

Insurance companies often focus on the immediate bills. But the real cost of a crash includes what you’ve lost — and what you’ll continue to lose — over time. That’s why it’s important to have a motorcycle accident lawyer who knows how to calculate future losses and fight for every dollar you’re owed.

Injured Motorcyclists Aren’t Covered by No-Fault Insurance in New York

Unlike drivers and passengers in cars, motorcyclists in New York are excluded from the state’s no-fault insurance system. That means if you're injured in a motorcycle accident, you can't rely on your own insurance to cover medical bills or lost income — even if the other driver was clearly at fault.

Under New York law, motorcyclists must pursue compensation through a fault-based claim. This means proving that another driver caused the crash and holding them financially accountable for your injuries and losses. If you're a motorcycle accident victim in New York, this is often your only path to securing the money you need to recover.

Depending on the severity of the crash, you may be entitled to compensation for:

  • Emergency and long-term medical treatment
  • Lost income and reduced future earning capacity
  • Motorcycle repair or replacement costs
  • Pain and suffering caused by the crash
  • Ongoing rehabilitation or in-home care

These expenses can add up fast — especially in cases involving broken bones, brain injuries, or permanent disabilities. That’s why it’s critical to act quickly and understand your legal rights. A New York motorcycle accident lawyer can help you build a strong claim and fight for the full compensation you deserve.

If a Loved One Was Killed in a Motorcycle Crash, You May Have Grounds for a Wrongful Death Lawsuit

Motorcycle crashes are far more likely to result in fatal injuries. If you lost a spouse, parent, or close family member in a collision caused by someone else, New York law allows you to pursue a wrongful death claim.

These cases provide financial compensation for losses such as:

  • Funeral and burial costs
  • Lost income and future financial support
  • Loss of companionship, guidance, and emotional support
  • Pain and suffering endured by the deceased (via a separate estate claim)

In New York, wrongful death claims must be filed by the personal representative of the victim’s estate. That person may also file a survival action on behalf of the estate. Both claims have strict requirements and must follow specific legal procedures, which is why it’s critical to consult with a lawyer as soon as possible.

New York’s Legal Deadlines for Motorcycle Accident Claims Are Strict

If you’re thinking about taking legal action after a motorcycle crash, timing matters. New York has specific statutes of limitations that determine how long you have to file a lawsuit. Once that deadline passes, your right to recover compensation could be permanently lost.

Here’s what typically applies:

  • Three years from the date of the crash for personal injury claims
  • Two years from the date of death for wrongful death lawsuits
  • 90 days to file a notice of claim if a government agency or public vehicle (such as an MTA bus or NYPD patrol car) was involved

Acting fast gives your attorney more time to preserve evidence, identify witnesses, and build a strong case. The sooner you reach out, the better your chances of protecting your rights.

You Don’t Pay Anything Unless We Win Your Case

If you’re worried about the cost of hiring a lawyer, you’re not alone — and you’re not out of options. At Giampa Law, we handle motorcycle accident cases on a contingency fee basis. That means you don’t pay us anything unless we recover compensation on your behalf.

No upfront costs. No hourly rates. No risk. Just real legal help when you need it most.

Injured in a Motorcycle Crash in New York City? Giampa Law Can Help

At Giampa Law, we know how fast a motorcycle accident can derail your life and how quickly insurance companies look for ways to minimize your claim. That’s why our legal team moves fast, fights hard, and focuses on results.

We’ve handled serious motorcycle accident cases across all five boroughs and beyond, including a $1 million recovery for one of our clients. If someone else caused your crash, we’re ready to fight for the maximum compensation you deserve.

Contact us today to schedule a free consultation with a New York City motorcycle accident lawyer who knows how to win. We’ll answer your questions, explain your options, and help you take the next step forward.

"Excellent experience in this law office; I had the honor of being represented by GIAMPA LAW in an accident case, and I am very satisfied with the result." — Angelo L., ⭐⭐⭐⭐⭐

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