After a NY Motorcycle Wreck, Hold Negligence Accountable
In New York, motorcyclists are generally outside the no-fault (PIP) system and typically bring at-fault claims. The “serious injury” threshold that limits many car-occupant lawsuits generally does not apply to motorcyclists. Preserve evidence early, and act quickly—especially if a public entity may be involved.
- Pure comparative negligence applies; your damages are reduced by your share of fault, not eliminated. CPLR § 1411, NY Courts
- Helmet and approved eye protection are required for operators and passengers. VTL § 381, NY DMV Manual
- Claims against public entities often have short deadlines—notice can be due in as little as 90 days. GML § 50-e
Why Motorcycle Cases Are Different in New York
New York law treats motorcycles differently from cars. Motorcyclists are not “covered persons” under the no-fault system, so they usually do not receive PIP benefits and instead pursue liability claims against those at fault. See NY Courts: No-Fault and Insurance Law § 5102. Because motorcycles are excluded from no-fault, the statutory “serious injury” threshold that restricts many automobile cases generally does not apply to motorcyclists. See Insurance Law § 5104 and § 5102.
Without no-fault benefits, promptly building a liability case and documenting losses is critical.
Practical Tip
Act fast on video. Many traffic and business cameras overwrite footage within days. Send preservation letters immediately to nearby businesses, agencies, and drivers to prevent loss of critical evidence.
Proving Negligence After a Motorcycle Wreck
To hold a negligent driver or other party accountable, you need evidence showing a failure to use reasonable care that caused your injuries. Useful evidence can include:
- Police accident reports and MV-104A data
- Body-worn camera footage and 911 recordings
- Traffic, dash, and doorbell videos
- Event data recorder (EDR) downloads from involved vehicles, if available
- Scene photos, skid/scuff measurements, roadway defects, and lighting conditions
- Eyewitness statements
- Cell phone and telematics records
- Vehicle maintenance and modification records
- Expert reconstruction and human factors analysis
Send timely preservation letters to drivers, insurers, municipalities, and businesses to reduce the risk of spoliation of key evidence (such as video or vehicle data).
Comparative Fault: Your Recovery Can Be Reduced, Not Erased
New York follows pure comparative negligence: even if you are partly at fault, you can still recover damages, reduced by your percentage of responsibility. See CPLR § 1411 and the NY Courts explanation. Defense teams often argue rider fault based on lane position, speed, conspicuity, or helmet/gear choices. Careful investigation and, when appropriate, expert testimony can counter these narratives.
Common Negligence Scenarios in Motorcycle Crashes
Frequent fact patterns include left-turn violations at intersections, unsafe lane changes, failure to yield when entering roadways, tailgating and sudden stops, distracted driving, intoxication, dooring, and hazardous road conditions. Depending on the facts, liability may extend beyond another motorist to rideshare companies, commercial carriers, bars under New York’s dram shop statute (GOL § 11-101), road contractors, and municipalities when legal requirements are met.
Motorcycle-Specific Safety Rules That Can Affect Your Case
New York requires motorcycle operators and passengers to wear helmets that meet federal standards and to use approved eye protection. See VTL § 381 and the NY DMV Motorcycle Manual. In litigation, defendants may argue that nonuse contributed to or worsened injuries; courts focus on whether any alleged nonuse caused or exacerbated the specific harm. Proper licensing, training, and compliance with equipment/lighting regulations can also influence liability assessments and credibility.
What Compensation May Be Available
Depending on the evidence and applicable law, a claim may seek compensation for medical expenses, future care, lost wages and diminished earning capacity, out-of-pocket losses, property damage, and pain and suffering. In serious cases, damages can include disfigurement and loss of enjoyment of life. If a crash is fatal, the personal representative may pursue wrongful death and related survival claims as supported by New York law and the case facts. See generally the statutes of limitation: CPLR § 214(5) (personal injury, generally three years) and EPTL § 5-4.1 (wrongful death, generally two years), subject to exceptions.
Claims Against Public Entities and Road Defect Cases
If a roadway defect, negligent maintenance, design issues, or inadequate signage/lighting contributes to a crash, you may have claims against a municipality or state agency. These matters involve additional procedural requirements and shorter timelines. For many municipal defendants, a notice of claim must be served within 90 days, and the statute of limitations can be as short as one year and 90 days. See GML § 50-e and GML § 50-i. Claims involving the State of New York are governed by the Court of Claims Act and also feature strict deadlines. See Court of Claims Act § 10. Because requirements vary by entity and circumstance, acting quickly is essential.
Motorcycle Crash Claim Checklist
- Seek medical evaluation promptly and follow treatment plans.
- Report the crash to law enforcement and obtain the report number.
- Preserve your helmet, gear, and motorcycle without repairs until inspected.
- Photograph the scene, vehicle damage, and injuries; obtain witness contact information.
- Send preservation letters for nearby video and vehicle data as soon as possible.
- Avoid detailed statements to insurers before consulting counsel.
- Track all expenses and time missed from work.
- Consult an attorney experienced in New York motorcycle litigation to manage deadlines and expert involvement.
How an Attorney Helps Hold Negligence Accountable
Your legal team can rapidly secure evidence, coordinate accident reconstruction, interface with insurers, identify all liable parties and insurance layers, and position the case for negotiation or trial. Early involvement helps prevent evidence loss and procedural pitfalls—especially with public-entity or commercial defendants.
FAQ
Do I need a serious injury to sue after a motorcycle crash in New York?
Generally no. Because motorcycles are excluded from no-fault, the serious injury threshold that applies to many car cases typically does not limit motorcyclists.
What if I was not wearing a helmet?
Helmet use is required by law. Failure to wear one can affect arguments about causation and damages, but under pure comparative negligence you may still recover, reduced by any proven share of fault.
How fast do I need to act if a city or state is involved?
Very quickly. Many municipal claims require a notice of claim within 90 days, and the filing deadlines can be shorter than typical personal injury cases.
Have questions after a motorcycle crash? Contact us to discuss your options.