Motorcycle Accident Litigation in NYC: Navigating Urban Risks That Determine Your Case Outcome

Motorcycles make up a small percentage of the total number of vehicles on New York City streets, but they are significantly overrepresented in traffic fatalities and serious injuries. From 2010 to 2014, 197 motorcyclists were killed in crashes on NYC roads—accounting for 14% of all traffic fatalities and 7% of serious injuries during that time.[1]

What follows is a discussion of the key legal concepts, how motorcycle accidents often occur in NYC, and how these cases proceed through the court system. This article is for informational purposes and is not a substitute for legal advice.

If you or a loved one has been injured in a motorcycle accident, contact the NYC motorcycle accident attorneys at Dansker & Aspromonte at (516) 206-6723 for a free consultation.

The Legal Landscape of Motorcycle Accident Litigation in NYC

Litigating motorcycle accident cases in NYC is complex, involving multiple statutes that govern how these lawsuits proceed. This section introduces key legal concepts, how they apply to real-world cases, and how they interact with one another.

Helmet Law Compliance

On January 1, 1967, New York became the first state to adopt a universal motorcycle helmet law.[2]  This law requires any person operating or riding a motorcycle to wear a helmet that meets U.S. Department of Transportation (“DOT”) safety standards.[3]

The New York law requires riders to wear helmets that comply with § 571.218 of the federal motor vehicle safety standards, but it also allows New York State to adopt its own standards so long as they are consistent with the federal regulation.[4]  § 571.218 requires these helmets to:

• sufficiently reduce the force of impact on a rider’s head in the event of a crash;
• protect the rider’s head from objects that might penetrate the helmet; and
• have a retention system that ensures the helmet fits snugly and comfortably on the rider’s head if a crash were to occur.[5]

Further, the New York law requires every motorcyclist to wear either goggles or a face shield while operating the motorcycle for further protection.[6]

Comparative Negligence

New York is a comparative negligence state.[7]  Under this system, a motorcyclist who wins a lawsuit may still have their damages reduced in proportion to their share of fault as determined by the jury.

To illustrate this concept, imagine that a motorcyclist is riding his motorcycle without a helmet when he gets into a crash with another motorist.  The motorcyclist suffers a severe injury to his brain and ultimately dies.  At trial, the jury assigns 80% of the fault to the driver, and the motorcyclist was only at 20% fault.  The jury then awards $10,000,000 in damages to the motorcyclist.  In this example, the motorcyclist would only receive $8,000,000 of that money because the jury found him to be responsible for 20% of the harm.

Comparative negligence plays a pivotal role in motorcycle cases. Some jurors view riding as inherently risky, which can influence fault assessments and reduce damages. This concept is closely linked to the next doctrine: negligence per se.

Negligence Per Se

Most motorcycle accident cases are brought under a theory of negligence.[8]  At bottom, every negligence case claims that the defendant owed the plaintiff a duty and that the defendant caused the plaintiff’s injuries by breaching that duty.  Negligence per se presents a variation on the standard negligence claim.

In a negligence per se case, the plaintiff establishes that the duty the defendant owed to the plaintiff was set by a state statute.[9]  Under a theory of negligence per se, the plaintiff is claiming that the defendant caused the plaintiff’s injuries by violating that statute.

A common basis for negligence per se claims is texting while driving, which New York outlaws by state statute.[10]  Essentially, a driver who injures a motorcyclist because the driver was texting while driving can be held financially liable for the injuries he or she caused the motorcyclist.

But the concept of negligence per se can also be used by the driver to allocate fault to the motorcyclist.  Lets go back to our previous example and assume that the motorcyclist was not wearing a helmet this time in violation of New York’s state law.  The jury still finds the driver liable for injuring the motorcyclist, but this time, the jury finds that the motorcyclist is 40% at fault because the motorcyclist failed to wear a helmet as required by state law.  The jury assigned that 40% to the motorcyclist because the rider’s injuries would have been much less severe had he worn a helmet as required by New York State law.

No-Fault Insurance

New York state requires every motor vehicle insurance policy issued in the state of New York or to New York drivers to contain a “no fault” provision, provide enough coverage for basic economic loss, and provide first party benefits to both the insured and other covered people.[11]  This law is intended to:

• provide an efficient process of resolving insurance claims and disputes;
• reduce the burden on New York’s judicial system; and
• help New York motorists save money on insurance premiums.[12]

Under the no-fault law, New York drivers are covered for their basic economic loss—meaning up to $50,000—for all medical expenses they incur due to a car accident and for any wages they lost due to their injuries.[13]  New York enacts a tradeoff with this rule: under the no-fault law, a motorist injured in a car crash cannot bring a lawsuit to recover for his or her non-economic losses (such as pain and suffering) unless he or she has suffered a “serious injury” under the statute.[14]

New York’s no-fault insurance law mandates that every driver, passenger, and pedestrian involved in a motor vehicle accident be covered by the no-fault insurance provision, but this provision does not apply to motorcyclists.[15]  This means that a motorcyclist cannot access the basic coverage, but the motorcyclist is also able to recover for his or her injuries in an ordinary negligence lawsuit if the injury was not his or her fault.

The “Serious Injury” Threshold

A serious injury under New York’s no-fault insurance law means a personal injury that results in death, dismemberment, significant disfigurement, fractured bones, the loss of a fetus, or the permanent loss of the use of a bodily organ, member, function, or system.[16]  Whether or not a motorist’s injury qualifies as a serious injury is ultimately a question for the members of the New York jury to decide in each individual case.[17]

Motorists are ordinarily unable to file a lawsuit for negligence if they have not suffered a serious injury under the statute.  As applied to motorcycles, the New York law states that motorcyclists cannot be held liable in a lawsuit filed by another motorist unless that motorist suffered a “serious injury” under the statute.[18]

Types of NYC Motorcycle Accidents

While every motorcycle accident is unique, many follow common patterns or involve similar causes. Below are several of the most frequent scenarios seen in NYC.

Left-Turn Accidents

A left-turn accident happens when a car makes a left turn while a motorcycle rides straight through an intersection.  These accidents are typically caused by the driver’s failure to see the motorcyclist or the driver’s failure to accurately gauge the rider’s speed.

Blind Spot Accidents

The term blind spot accident is used to refer to the accidents that occur when a vehicle changes lanes and collides with a rider that the driver did not see in his or her blindspot.  These incidents occur when the driver fails to adequately check his or her mirror or negligently fails to use a turn signal.

Lane-Splitting Accidents

Lane-splitting is the term used to refer to instances in which a motorcyclist attempts to ride between lanes of traffic.  Lane-splitting is an extremely dangerous practice that is outlawed in the state of New York.[19]  A motorcyclist who causes an accident in this way is very likely to suffer severe injuries, but he or she may be left totally unable to recover for those injuries if their blatant disregard for New York law is the cause of the injuries.

Road Hazards

Many accidents are caused by road defects or debris such as gravel, potholes, oil spills, wet surfaces, or uneven pavement.

Dooring Incidents

Dooring accidents are all too common in NYC’s dense urban environment.  Dooring refers to instances in which a parked car opens its door into the path of an oncoming motorcyclist.  These instances most commonly occur due to the driver’s failure to check for traffic before exiting the vehicle.

How Motorcycle Accidents Are Litigated

Motorcycle cases are complex pieces of litigation with multiple steps.  There is no one-size-fits-all for any type of personal injury case, but these cases will generally proceed along the following lines.

At the Scene: First Steps

A motorcycle accident lawsuit begins immediately after the accident.  The motorcyclist is very likely to be incapacitated by his or her injuries, but here are some steps to take if you are able in the wake of your accident:

• document the accident as much as possible;
• acquire a copy of the police report;
• retain your medical records and receipts;
• preserve any physical evidence you have such as the bike, helmet, or riding gear; and
• do not make a statement to any insurance company until you are represented by an attorney.

Consulting an Attorney About Your Case

Consult with an attorney as soon as you are able to do so.  Experienced legal counsel will help you understand your legal rights and options as well as the potential value of your case.  An attorney will also help you understand every potential defendant in your case and the damages to which you might be entitled.  Remember: your choice of lawyer is an important decision not to be taken lightly.

Building a Foundation: The Investigation

Once you retain an attorney, he or she will begin investigating your case through the mechanisms available to them.  These include:

• issuing subpoenas to obtain traffic camera or surveillance footage;
• acquiring an accident reconstruction specialist;
• finding other expert witnesses as appropriate such as urban traffic experts or motorcycle specialists; and
• reviewing other evidence such as GPS tracking or smartphone records.

Negotiating with the Insurer

One of the primary benefits of retaining an attorney to handle your case is not having to deal with the insurance company.  In fact, you should not make any statement to the company until you are represented.  It is your right to say no, and you should exercise it.

Your attorney will understand how to negotiate on your behalf because he or she will have investigated your case and utilize his or her understanding of the law.  They know the strengths and weaknesses of your case, and equally important, they know what tactics the company may try to use.

Settlement vs. Trial: How to Choose

Your attorney’s goal throughout this process will be to maximize the compensation you receive for your injuries.  Trial can be the method for doing that, but more often than not, the best course of action is to settle the case rather than take it in front of a jury.  Settlement saves time and litigation expenses, thereby getting you paid sooner and with certainty.

Trials can produce larger verdicts, but they are very expensive, time-consuming, and risky.  Trial can result in larger expenses and a lower verdict than previously made settlement offers.  In the worst case scenario, the jury may reject the case and find for the defendant.

Motorcycle cases are not without risk in the context of jury trials.  As previously said, riding a motorcycle is viewed as an inherently dangerous activity by many people, and jurors are no different.  It is possible that the jury may assign a greater percentage of fault to a motorcyclist simply because the motorcyclist was on a bike rather than in a car.

Conclusion

New York has a complex legal landscape for motorcycle cases, and these legal concepts operate both independently and with one another in these cases.  No two cases are identical, but there are common methods by which people are injured.  An experienced motorcycle accident attorney in NYC will help you navigate this process and maximize your recovery for your injuries.

If you have been injured in a motorcycle accident then please reach out to the motorcycle accident lawyers at Dansker & Aspromonte.  Our attorneys are here to provide your free consultation about your legal rights and options.  Contact us today by either calling us or reaching out to us online.  You can call us at (516) 206-6723, or send us a message through our online portal, which is linked here.

 

 

[1]  New York City Department of Transportation, “The New York City Motorcycle Safety Study,” (accessed 5/20/2025), https://www.nyc.gov/html/dot/downloads/pdf/nyc-motorcycle-safety-study.pdf.

[2]  Governor’s Traffic Safety Committee, “Motorcycle Safety & Awareness,” (accessed 5/21/2025), https://trafficsafety.ny.gov/motorcycle-safety.

[3]  NY Veh. & Traf. L § 381 (2024).

[4]  NY Veh. & Traf. L § 381 (2024); CFR § 571.218 (2024)

[5]  CFR § 571.218 (2024).

[6]  NY Veh. & Traf. L § 381 (2024).

[7]  NY CPLR § 1411.

[8]  L.J. v. Zhang, 212 N.Y.S.3d 789, 798-99 (2024).

[9]  L.J. v. Zhang, 212 N.Y.S.3d 789, 798-99 (2024).

[10]  NY Veh. & Traf. L § 1225-D (2024)

[11]  NY Ins. Law § 5102 (2024).

[12]  Surgicare Surgical Associates v. National Interstate Ins., 25 N.Y.S.3d 521 (App. Term 2015).

[13]  NY Ins. Law § 5102 (2024).

[14]  Oberly v. Bangs Ambulance Inc., 96 N.Y.2d 295 (2001).

[15]  NY Ins. Law § 5102(f) (2024); Jung v. Glover, 93 N.Y.S.3d 390 (2019).

[16]  NY Ins. Law § 5102(d) (2024).

[17]  Harris v. Campbell, 65 N.Y.S.3d 616 (2017).

[18]  NY Ins. Law § 5104(a) (2024).

[19]  NY Veh. & Traf L. § 1252 (2024).