Bronx Motorcycle Accident Lawyer

Motorcycle accidents in the Bronx can be life-altering, and working with an experienced Bronx motorcycle accident lawyer is one of the most important steps you can take after a crash. Because motorcycles lack the structural protection of enclosed vehicles, riders are at much higher risk for serious or fatal injuries.

In 2023, the NYPD reported 229 motorcycle-related crashes in the Bronx, including three fatalities and over 200 injuries. These incidents often occur on high-traffic roads such as the Cross Bronx Expressway, Bruckner Boulevard, and Grand Concourse. Unlike drivers of cars or trucks, motorcyclists are exposed to direct impact in a collision, making even low-speed accidents dangerous.

Common injuries include broken bones, head trauma, spinal cord damage, and internal bleeding. These injuries can require emergency treatment, surgery, long-term care, and months or years of rehabilitation. They may also affect your ability to work and perform daily tasks.

If you were hurt in a motorcycle accident caused by another driver’s negligence or unsafe road conditions, legal action may help you recover compensation for medical bills, lost wages, and pain and suffering. A skilled Bronx motorcycle accident lawyer can help you protect your rights and pursue the financial recovery you deserve. For example, lawyers working with our office secured a $23 million verdict for a man in his 20s who suffered severe spinal injuries in a collision with a commercial truck.

Motorcycle accidents tend to result in more severe injuries than other vehicle collisions because motorcycles offer far less protection. Riders are exposed to the full force of impact and are more likely to be seriously hurt in even low-speed crashes.

Key differences include:

• Lack of protective features: Motorcycles do not have airbags, seat belts, or a protective frame. This means riders are often thrown from their bikes during a crash, leading to serious injuries like broken bones, head trauma, or spinal damage.
• Lower visibility: Motorcycles are smaller and easier to overlook. Drivers frequently fail to check blind spots or notice motorcycles at intersections, especially when making left-hand turns across traffic.
• Greater sensitivity to road hazards: Potholes, uneven pavement, gravel, and debris that pose little risk to cars can cause motorcycles to lose control, leading to devastating outcomes.
• Higher vulnerability in traffic: In multi-vehicle crashes, motorcyclists are more likely to suffer the worst injuries because they are not surrounded by a vehicle’s structure for protection.

Because of these risks, drivers must be especially cautious when sharing the road with motorcycles. When negligence causes harm, an experienced Bronx motorcycle accident lawyer can help injured riders recover damages.

If you were injured in a motorcycle crash, the laws that apply to motorcyclists in New York may affect your ability to recover compensation. Whether or not you followed these laws at the time of the accident could influence the outcome of your claim.

Key laws include:

• Helmet requirement: Under N.Y. Veh. & Traf. Law § 381(6), all motorcycle operators and passengers must wear DOT-approved helmets. If you were not wearing a helmet and suffered a head injury, the amount of compensation you receive may be reduced. This is because New York follows a pure comparative negligence rule under N.Y. C.P.L.R. § 1411, which allows damages to be reduced based on your share of fault.
• Lane splitting: Riding between lanes of traffic, also known as lane splitting, is prohibited under N.Y. Veh. & Traf. Law § 1252(c). If lane splitting contributed to the crash, it could affect the damages you are awarded.
• Riding side-by-side: It is legal for two motorcycles to ride next to each other in the same lane, as stated in N.Y. Veh. & Traf. Law § 1252(b).

A Bronx motorcycle accident lawyer can review your case and explain how these laws may impact your compensation. An attorney can also help you respond to any claims that you were partially at fault based on your conduct as a rider.

The most common causes of motorcycle accidents in the Bronx are linked to driver negligence and unsafe road conditions. These crashes often happen when drivers fail to notice motorcycles or do not follow traffic laws, putting riders at serious risk.

• Failing to yield at intersections: Drivers often turn left in front of oncoming motorcycles or ignore traffic signals. This violates N.Y. Veh. & Traf. Law § 1141, which requires drivers turning left to yield to oncoming traffic.
• Unsafe lane changes: Drivers who fail to check blind spots or use turn signals can sideswipe motorcycles. This conduct violates N.Y. Veh. & Traf. Law § 1128(a), which mandates that lane changes be made safely and only when conditions permit.
• Speeding: Excessive speed reduces reaction time and increases the force of impact. N.Y. Veh. & Traf. Law § 1180(a) prohibits driving at speeds greater than reasonable and prudent under the conditions.
• Drunk or drugged driving: Impaired drivers may not see motorcycles or react in time. This is prohibited under N.Y. Veh. & Traf. Law § 1192, which covers driving while impaired or intoxicated.
• Distracted driving: Activities like texting or eating while driving reduce driver awareness. N.Y. Veh. & Traf. Law § 1225-d bans the use of handheld electronic devices while operating a vehicle.
• Dangerous road conditions: Potholes, debris, and poor signage are particularly hazardous for motorcycles. Municipal liability may arise under N.Y. High. Law § 139, which requires governments to maintain safe roads.
• Dooring accidents: When someone opens a car door into a motorcyclist’s path without checking, it may violate N.Y. Veh. & Traf. Law § 1214, which requires caution when opening vehicle doors.

Busy Bronx streets like the Cross Bronx Expressway, Grand Concourse, Webster Avenue, and Bruckner Boulevard are known for heavy traffic and hazardous intersections, increasing the risk of these types of accidents. A Bronx motorcycle accident lawyer can help you determine who was at fault and seek compensation for your injuries.

Common motorcycle accident injuries are often severe due to the lack of external protection for the rider. These injuries can range from broken bones to life-threatening trauma.

• Traumatic brain injury: Head injuries are one of the most serious outcomes of motorcycle crashes. Even with a helmet, a rider can suffer a concussion or more severe brain trauma. These injuries can lead to long-term cognitive or physical impairment, or even death.
• Spinal cord injury: Damage to the spinal cord can result in partial or complete paralysis. These injuries often require lifelong medical care and can permanently alter a person's independence and mobility.
• Broken bones: Motorcycle riders frequently suffer fractures in the arms, legs, ribs, and pelvis. Recovery may involve surgery, physical therapy, and extended time away from work.
• Road rash: When a rider slides along the pavement, the friction can strip away layers of skin. Severe cases may require skin grafts and carry a high risk of infection or permanent scarring.
• Amputation: In extreme cases, the trauma from a crash or subsequent medical complications may lead to the loss of a limb. Amputation can have a lifelong impact on mobility and quality of life.
• Internal injuries: Blunt force trauma to the torso can damage internal organs such as the liver, spleen, or lungs. Internal bleeding is not always immediately obvious but can be life-threatening without prompt medical attention.

According to the New York State Department of Health, motorcyclists are hospitalized more often for head and spinal injuries than other types of crash victims.

One or more parties may be liable for a motorcycle accident, depending on the facts of the crash. These can include:

• A negligent driver. Drivers who violate traffic laws or fail to exercise caution are often the cause of motorcycle crashes.
• A government agency. The city or state may be liable if the accident was caused by unsafe road conditions, poor signage, or faulty traffic control. In Sand v. City of New York, No. 17 CV 01522, 2020 WL 6263182 (E.D.N.Y. Oct. 23, 2020), the plaintiff, a motorcyclist, sued the City after allegedly striking a pothole. The City argued it was not liable because it lacked prior written notice of the defect. However, the court found that there were genuine issues of material fact as to whether the City had constructive notice or created the dangerous condition through negligence. As a result, the City’s motion for summary judgment was denied, allowing the plaintiff’s claim to proceed.
• A motorcycle manufacturer. Sometimes, the cause of a crash is not another driver but a defective motorcycle or part. Common issues include brake failure, defective tires, or faulty steering components. Under New York law, the manufacturer, distributor, or retailer can be held liable for injuries caused by a defective product. In Voss v. Black & Decker Mfg. Co., 59 N.Y.2d 102 (1983), the New York Court of Appeals held that a plaintiff may recover for a design defect by showing the product was not reasonably safe and that a safer design was feasible. This principle applies to motorcycle parts as well.
• Another third party. In some cases, other entities, such as employers of a negligent driver or maintenance companies, may also bear responsibility. For example, in Couchman v. MTLR Corp., 182 A.D.3d 802 (2d Dep’t 2020), the Appellate Division held that a vehicle leasing company could be sued for failing to maintain a vehicle that was involved in a motorcycle crash. The court ruled that MTLR was not entitled to protection under the Graves Amendment, a federal law that shields leasing companies from liability unless they were negligent, because it failed to offer any admissible evidence that the vehicle had been properly maintained. This case illustrates how liability may extend beyond the driver to parties responsible for the condition of the vehicle.

Under CPLR § 1411, New York applies a pure comparative negligence rule in personal injury cases, including motorcycle accidents. This means that even if you were partly responsible for the crash, you are not barred from recovering compensation. Instead, the court will determine your percentage of fault and reduce your award accordingly. For example, if your total damages are $100,000 and you are found to be 25% at fault, your recovery would be reduced by $25,000, allowing you to collect $75,000. This rule applies no matter how high your share of fault is—even if you are 90% at fault, you can still recover 10% of your damages.

Because insurance companies often try to place a large share of blame on injured motorcyclists, working with an experienced Bronx motorcycle accident lawyer can help ensure that fault is properly allocated and that you pursue the full compensation you are entitled to.

Compensation after a motorcycle crash works differently than it does for occupants of cars. Motorcyclists in New York are not covered by the state’s no-fault insurance system (Insurance Law § 5102(f)). This means you cannot rely on your own insurance to pay for medical bills or lost wages. Instead, you must file a claim against the person or entity responsible for causing the crash. You may be entitled to recover damages for:

• Medical expenses. This includes emergency care, hospitalization, surgeries, physical therapy, and medications. Future medical costs can also be claimed.
• Lost income. If your injuries prevent you from working, you may recover for lost wages and reduced future earning capacity.
• Property damage. This includes repairs to your motorcycle and the replacement of gear or other items damaged in the crash.
• Pain and suffering. You may be compensated for the physical pain and emotional distress caused by your injuries.
• Loss of enjoyment of life. If your injuries limit your ability to enjoy activities you previously enjoyed, you may receive additional compensation.

A Bronx motorcycle accident lawyer can help you build a strong claim and deal with insurance companies that may try to undervalue your case. Having an experienced attorney on your side can make a significant difference in the compensation you receive.

After a motorcycle accident, a wrongful death claim may be filed by the personal representative of the deceased’s estate under EPTL § 5-4.1. This type of lawsuit can seek damages for funeral and burial expenses, medical costs related to the final injury, lost income and benefits, and the loss of parental guidance or companionship for surviving family members. These claims must be filed within a specific time frame, and proving liability is essential to recovering compensation.

In complex cases involving multiple parties, unclear fault, or disputed coverage, it is especially important to seek qualified legal guidance. A Bronx motorcycle accident lawyer can help your family navigate the legal process, gather the necessary evidence, and build a strong claim to pursue full and fair compensation on behalf of your loved one’s estate.

The at-fault driver's liability insurance coverage applies in motorcycle accident cases. Under N.Y. Veh. & Traf. Law § 311(4)(a), drivers in New York must carry at least $25,000 in bodily injury liability coverage per person and $50,000 per accident. However, these minimum limits are often far too low to cover the costs of a serious motorcycle crash.

Because motorcyclists are not protected by New York’s no-fault insurance system (N.Y. Ins. Law § 5102(f)), they must rely on liability claims and optional coverages to recover damages. Key coverages include:

• Uninsured motorist (UM) coverage: While not automatically included in motorcycle insurance policies, UM coverage may be added and is strongly recommended. Under N.Y. Ins. Law § 3420(f)(1), it provides compensation if you are injured by a driver who has no liability insurance. This type of coverage is particularly important in hit-and-run cases or when the other driver violates New York’s minimum insurance requirements.
• Underinsured motorist (UIM) coverage: Although not mandatory, it provides vital protection when the other driver’s policy limits are too low. See N.Y. Ins. Law § 3420(f)(2).
• Medical payments (MedPay) coverage: This optional coverage can help pay for medical expenses regardless of fault, but it is not typically included in motorcycle insurance policies in New York. Riders must specifically request and purchase MedPay coverage. It may provide limited reimbursement for emergency treatment, ambulance costs, and other out-of-pocket medical expenses.
• Collision coverage: Pays for damage to your motorcycle, even if the other driver is uninsured or unidentified.

Insurance disputes often arise after motorcycle crashes, especially when injuries are severe. A Bronx motorcycle accident lawyer can help you review your policies, file claims properly, and pursue the full compensation you are entitled to under the law.

After a motorcycle accident in the Bronx, taking the right steps after a crash can help protect your legal rights:

• Seek medical attention. Even if injuries seem minor, you should be checked by a doctor.
• Call the police. A police report provides an official account of the crash.
• Exchange information. Get names, phone numbers, insurance details, and license plate numbers from everyone involved.
• Take photos. If possible, take pictures of the accident scene, your injuries, road conditions, and damage to the motorcycle.
• Identify witnesses. Ask for their contact information in case their testimony is needed later.
• Do not admit fault. Avoid making statements that could be used against you. Do not post about the accident on social media.

Contact a Bronx motorcycle accident lawyer. Early legal advice can make a significant difference in your claim.

The time limits for filing a motorcycle accident claim in New York are strict:

• Personal injury claims must generally be filed within three years of the date of the accident, under CPLR § 214(5). Missing this deadline can result in your case being dismissed, no matter how serious your injuries are.
• Wrongful death claims must be filed within two years from the date of death, as set out in EPTL § 5-4.1.
• Claims against government agencies require a Notice of Claim to be filed within 90 days, according to General Municipal Law § 50-e. If this deadline is missed, the claim may be barred entirely.

Because deadlines vary depending on the facts of the case, it is important to speak with an attorney as soon as possible after the accident. An experienced motorcycle accident attorney in the Bronx can help determine which deadlines apply and ensure that all paperwork is filed properly and on time.

If you were injured in a motorcycle accident, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. Motorcycle crashes often lead to serious injuries because riders have limited protection. Even if you were partially at fault, New York law still allows you to recover damages under its pure comparative negligence rule. Insurance companies may try to blame you or minimize your injuries to avoid paying a fair settlement. That’s why it’s important to act quickly and speak with someone who understands how motorcycle accident cases work. A motorcycle accident attorney serving New York can review the details of your crash, explain your legal options, and handle negotiations with the insurance company. Having the right legal support can make a significant difference in the outcome of your case and your ability to recover fully.

Contact Stephen Bilkis & Associates today at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve clients in the following locations: Bronx, Manhattan, Westchester County, Suffolk County, Staten Island, Brooklyn, Long Island, Nassau County, and Queens.