Miriam Robin is a legal editor at LexisNexis, where she writes newsletters focusing on securities and financial regulation, corporate governance, ESG, cybersecurity, cryptocurrency, and artificial intelligence. Miriam also writes about federal and state court decisions on a wide variety of practice areas for the New York Law Journal, and has worked as a legal marketing and communications writer at large international law firms including Sullivan & Cromwell and Paul Hastings. Miriam received her law degree from St. John's University School of Law and was a recipient of the Brandeis Scholarship for excellence in legal studies.
Miriam Robin, J.D.
Miriam Robin is a legal editor at LexisNexis, where she writes newsletters focusing on securities and financial regulation, corporate governance, ESG, cybersecurity, cryptocurrency, and artificial intelligence. Miriam also writes about federal and state court decisions on a wide variety of practice areas for the New York Law Journal, and has worked as a legal marketing and communications writer at large international law firms including Sullivan & Cromwell and Paul Hastings. Miriam received her law degree from St. John's University School of Law and was a recipient of the Brandeis Scholarship for excellence in legal studies.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
New York City’s fatal crash rate for motorcyclists is almost twice that for New York State motorcyclists outside NYC and significantly higher than the national fatal crash rate for motorcyclists. And while motorcycle collisions in NYC are not as common as automobile accidents, they are much more likely to cause deadly injuries because motorcyclists have so little physical protection. Thankfully, many motorcycle accident attorneys in NYC have the experience to help victims of motorcycle accidents get the compensation to which they’re entitled.
At Forbes Advisor, we’ve carefully weighed dozens of factors to select the best motorcycle accident lawyers in New York City.
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Best Motorcycle Accident Attorneys in New York City
Compare Top Motorcycle Accident Attorneys
Other Motorcycle Accident Lawyers
Filing a Motorcycle Accident Lawsuit in New York
If you’ve been injured in a motorcycle accident, you need to find a lawyer who will help you deal with others who are involved in the accident, insurance companies, and lawyers who involved parties retain. An attorney who is experienced with motorcycle accidents knows exactly what needs to be done in order to get you any monetary compensation to which you’re entitled for, including, among other things, medical bills arising out of personal injury, property damage, emotional distress, lost wages and pain and suffering.
New York Statute of Limitations
A statute of limitations, also known as a deadline, is the period within which you must file a lawsuit before your action is barred. In New York, you have to file a personal injury case that arises from a motorcycle accident within three years of the accident date. Therefore, if you were injured on Jan. 1, 2023, you have until Jan. 1, 2026, to file your lawsuit. In that example, if you try to file your lawsuit any day after the Jan. 1, 2026, deadline, your claim is barred, and you have completely forfeited your chance to sue.
The three-year statute of limitations on motorcycle accidents applies to personal injury, property damage and emotional distress claims.
A statute of limitations exists because as time passes, it becomes more difficult for all individuals involved to remember details and collect evidence in relation to the accident.
New York Laws for Motorcyclists
The laws for riding a motorcycle in New York State include:
- Motorcycle License. You must have a motorcycle operator’s license or a motorcycle junior operator’s license.
- Registration. Unlike the majority of other motor vehicles, motorcycles are registered for one year instead of being registered for two years, and all motorcycle registrations expire on April 30.
- Inspection. Motorcycles are required to be inspected at least once every 12 months at a station that is licensed by the Department of Motor Vehicles (DMV) to perform motorcycle safety inspections.
- Insurance. Motorcycles are not covered by the New York Insurance Law (or “no-fault law”) which means motorcyclists can have a more difficult time trying to get compensation for their medical bills. However, unlike most other drivers, motorcyclists do not have to demonstrate that they have sustained a “serious injury” to file a lawsuit.
- Helmets and Passengers. All motorcyclists and their passengers must wear approved motorcycle helmets, and all motorcyclists must wear approved eye protection even if their motorcycle has a windshield. All motorcycle passengers must sit facing forward, with one leg on each side of the motorcycle and each foot on a foot peg unless that passenger is seated in a properly attached sidecar.
- Headlights. The motorcycle’s headlight and rear light is required to be on at all times when the motorcyclist is operating on the road.
- Lane Requirements. Motorcyclists can use a full lane and can ride side by side in a single lane, but cannot ride beside another vehicle in the same lane.
- Equipment. Motorcycles must have certain equipment, including a headlight, taillight, license plate lamp, brakes and a horn or similar warning device.
Identifying Fault for a Motorcycle Crash in New York
There are a variety of reasons why motorcycle accidents happen. For example, other drivers can be distracted or violate traffic laws, or the road can be hazardous due to potholes or ice. Pursuant to New York law, government entities can be held liable for motorcycle accidents for failing to fix potholes or post proper road signs, while manufacturers of a defective motorcycle part could be liable for injuries resulting from that defective part.
However, motor vehicle drivers are most frequently at fault for motorcycle accidents because a majority of motorcycle accidents occur when motor vehicle drivers simply did not see the motorcycles.
New York is one of 13 states that recognize the rule of “pure” comparative fault, also referred to as shared fault, which assigns percentages of fault between the parties of a motorcycle accident. Since New York is a pure comparative negligence state, an injured party can recover a percentage of a monetary award regardless of the amount of fault attributed to that injured party.
For example, if a jury finds that the motorcyclist is 60% at fault and the injured driver of a car is 40% at fault for a motorcycle accident, then the injured car driver can receive monetary compensation that is equal to the percentage the motorcyclist is at fault, or 60% of the injured car driver’s total damages. Therefore, the amount that the injured car driver will recover in monetary compensation will be reduced based upon their own degree of fault.
How Can an Attorney Help You?
If you’ve been injured in a motorcycle accident because of another party’s negligence, you should find an attorney who has experience in motorcycle cases and who will be able to act quickly for you since the statute of limitations on motorcycle accident claims in New York is three years from the date of the accident.
Motorcyclists are more vulnerable to injury than people in enclosed vehicles. While motorcycle riders account for only 3% of crashes, they account for 14% of traffic-related deaths, according to the National Safety Council.
Motorcycle crashes can cause severe injuries including traumatic brain injuries, spinal cord injuries and loss of limbs, leading to extensive medical treatment, surgery, physical therapy and loss of work. Motorcycle accident attorneys do the investigative work needed to help you get the maximum compensation for all of your losses by gathering relevant documents and hiring expert witnesses.
How to Find the Best Motorcycle Accident Lawyer in New York, NY
To find the best motorcycle accident for your case, keep the following considerations in mind:
- Do they have experience in motorcycle accidents? At your consultation, be sure to ask the attorney what experience they have working with other motorcycle accident clients, and what verdicts or settlements they have won on behalf of those clients.
- How communicative is the attorney with clients? When you’re first meeting a prospective motorcycle accident attorney, be sure to ask how they communicate with their clients. Ask about their preferred method of communication, whether it’s by phone or email or even text. Ask if they answer your calls right away or how long it could take for them to reply to your inquiries. Also ask if they respond to emails or texts and, if so, inquire as to how long it might take for them to get back to you.
- How much do they charge? The majority of motorcycle accident attorneys work on contingency, which means that they do not charge you any money and they do not get paid anything until you win a settlement or money judgment. If you do end up receiving monetary compensation through a settlement or money judgment, motorcycle attorneys in NY usually get 33% of the amount you receive.
- What other motorcycle accident cases have they won? You will want to find out about the other motorcycle accident cases that the attorney has won, as well as the compensation received from either settlements or judicial verdicts.
Methodology
To come up with the Best Motorcycle Accident Lawyers in NYC in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
Legal experience
Special licenses & certifications
Ethics and bar disciplinary measures
Legal thought leadership
Education & employment background
Scholarly lectures & writings
Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions
Who will compensate me if my motorcycle accident is caused by a dangerous roadway?
If a road hazard like a pothole causes a motorcycle crash, you can file a claim against the responsible municipality or government entity.
What happens if a car forces my motorcycle off the road in a no-contact accident?
Also known as phantom vehicle accidents, your uninsured motorist insurance covers the damages from crashes only if the phantom vehicle made contact with you. If there is no contact, it is not considered a two-party accident.
What should I do after a motorcycle accident?
If your injuries from a motorcycle accident require medical assistance, call 911 right away. If you feel okay, still see a doctor because not all injuries display noticeable symptoms, such as internal injuries. If you do see a medical doctor for personal injuries or a therapist for emotional distress, be sure to keep all records of your medical bills. Also, keep any records related to damages to your motorcycle and your loss of income.
If your injuries from a motorcycle accident are not serious, gather information at the crash site including photographs of your injuries and the damage to your motorcycle, and get contact information of anyone who is at the crash site including anyone involved in the accident or any witnesses, take pictures of the other vehicle’s license plates and get the insurance details of the drivers of the other vehicles.
