In New York, motorcyclists ride with just two wheels, no steel cage, and almost no legal safety net.
Riding a motorcycle isn’t just riskier than driving a car; it’s treated differently under the law, too. The biggest difference? Fault. If you’re hurt in a motorcycle crash, you’re not automatically covered by no-fault insurance like car drivers are. You have to prove someone else caused the crash to get compensation.
If you were injured on a motorcycle, knowing how these cases work can make or break your claim. Here’s what every rider should know:
What’s in This Guide:
- You Need a Motorcycle Lawyer Who Knows NYC Streets and Courts
- No-Fault Insurance Doesn’t Apply to Motorcycles
- Injuries Can Be Far More Severe
- Lawsuits Are Often the Only Way to Get Paid
- Riders Face Higher Everyday Risks
- FAQs About NY Motorcycle Accidents
1. You Need a Motorcycle Lawyer Who Knows NYC Streets and Courts
Motorcycle crashes are legally different from car crashes, and you need a lawyer who understands exactly why.
Bushwick, the South Bronx, or on the LIE, the process is the same: You need someone who knows New York streets and law.
Chaikin Trial Group knows the legal and personal stakes of motorcycle crashes on Long Island and NYC by heart. We’ll walk you through the process, protect your rights, and fight to maximize your compensation.
Our personal injury law firm is based in Long Island, but our reach spans across all five boroughs…and we’ve recovered millions for riders across NYC.
Case Today (212) 977-2020
2. No-Fault Insurance Doesn’t Apply to Motorcycles
In New York, motorcycle accidents fall outside the state’s no-fault insurance system. That means if you’re injured on a motorcycle, you aren’t covered by automatic medical benefits like a car driver would be.
Translation: If you get hurt, you have to sue to recover compensation (even for basic medical bills!)
Legally speaking, this is because New York Insurance Law Article 51 (the “No-Fault Law”) specifically excludes motorcyclists and their passengers from no-fault coverage. Under Section 5102(f), motorcycles aren’t even classified as “motor vehicles” for the purposes of no-fault benefits.
But you don’t have to meet the “serious injury” threshold that car accident victims do under Section 5102(d). Motorcyclists are exempt from that requirement, so you can file a lawsuit even for relatively minor injuries, as long as the crash wasn’t your fault.
This key difference in a motorcycle vs car accident case means motorcyclists have to take a more aggressive legal route from the start. Because motorcycles are still considered motor vehicles under liability law, many of the same legal strategies used in car accident claims still apply.
3. Injuries Can Be Far More Severe
It’s not hard to find news on motorcycle fatalities. Simply Google ‘motorcycle accident NYC’ and you’ll see what we mean. That is because motorcycles offer no physical protection, and riders are often thrown from the bike on impact.
Motorcycle death statistics vs cars show a staggering gap:
- Motorcycle accident death rates are 28x higher than cars (NHTSA)
- Injuries are rising fast—in 2024, motorcyclist injuries are already up 33% compared to last year (nyc.gov)
Common injuries include:
- Traumatic brain injury (TBI), even with a helmet
- Broken bones (legs, arms, ribs)
- Road rash and skin loss
- Spinal cord injuries and paralysis
- Internal organ damage
If you’re blamed, don’t panic. In our last blog on multi-car accidents, we explained that New York follows a comparative fault system. Even if you’re partially at fault, you can still recover motorcycle accident compensation.
4. Lawsuits Are Often the Only Way to Get Paid
Because motorcycles aren’t covered by no-fault benefits, lawsuits are sometimes the only way to get your losses paid.
Compensation in a motorcycle accident lawsuit may include:
- Lost wages and future income
- Pain and suffering
- Motorcycle repairs or replacement
If the crash was fatal, families may be entitled to wrongful death compensation.
5. Riders Face Higher Everyday Risks
In areas like the Bronx, Manhattan, Queens, and Brooklyn, motorcyclists face constant hazards:
- Delivery workers weaving through traffic
- Pothole-ridden intersections
- Drivers opening doors without looking
- Congested stop-and-go traffic that makes visibility worse
Even a minor crash in these dense neighborhoods can cause major injury. And for many of our clients who are working-class, POC, and undocumented, getting fair treatment from insurance companies is an uphill battle.
FAQS
Q: How much compensation do you get for a motorcycle accident?
A: Depends on your injuries, lost income, and long-term impact. Serious cases can mean big payouts.
Q: Who is at fault in a motorcycle accident?
A: It could be a driver, the city, or even you. NY uses comparative fault, so you can still get paid even if you’re partly to blame.
Q: Do I need “serious injuries” to sue?
A: Nope. Motorcyclists are exempt from that rule. You can sue even for minor injuries if someone else caused the crash.
See more information on our website!
Talk to a New York Motorcycle Accident Lawyer Now
Call us for a free consultation or fill out our online form. We’re ready to fight for you.
Legal Disclaimer: If you believe this information is relevant to your situation, please contact our office directly to schedule a consultation. Mr. Chaikin is licensed to practice law in New York, New Jersey, and Florida. The information herein is not legal advice and does not create an attorney/client relationship with Chaikin Trial Group. This blog is in the form of legal education and is intended to provide general information about the matter within the topic.
