Common Causes of Motorcycle Accidents in New York

Being hurt in a motorcycle accident can disrupt your life and leave you struggling to manage the physical, emotional, and financial aftermath. For more than five decades, our motorcycle accident lawyers at Chelli & Bush, Attorneys at Law, have helped injured victims in Staten Island, Brooklyn, and surrounding communities get the compensation and accountability they deserve. Here we explain common causes of motorcycle accidents and how a personal injury lawyer can help if you’re injured in a crash.

Key Takeaways

• Most motorcycle accidents are caused by drivers failing to see riders, particularly when turning left.
• The hours between 3 p.m. and 9 p.m. are the most dangerous for riders due to heavy traffic and falling darkness.
• New York follows the pure comparative fault rule, which means you may recover damages even if you were partially responsible for a crash.
• Because motorcycles are excluded from New York’s no-fault insurance system, you must file a claim with the at-fault party’s insurance carrier to cover medical bills and other damages.
• Our Staten Island personal injury law firm has more than five decades of local experience and has recovered more than $500 million for our clients.

How Other Drivers Cause Motorcycle Crashes

Although insurance companies and their attorneys try to paint motorcyclists as reckless or irresponsible, most crashes are caused by the negligence of other drivers on the road. Our motorcycle accident attorneys have seen the aftermath of cases involving:

• Left-turn collisions — These crashes usually occur at intersections when a driver turns left directly into the path of an oncoming motorcycle. In these scenarios, the driver usually fails to see a motorcyclist and may be at fault for failing to yield the right-of-way.
• Driver distraction — Texting, adjusting controls, eating, or dealing with kids in the backseat can have dire consequences when a distracted driver takes their eyes off the road.  
• Speeding —Driving too fast can result in reduced reaction time and the increased force of impact can result in severe injuries and fatalities for motorcyclists.
• Driving under the influence – One reason the risk to riders increases between 6 p.m. and 9 p.m. is because a significant number of accidents caused by drunk drivers occur during this time. 

Although other motorists are often responsible for causing crashes, these factors can also contribute to serious crashes:

• Road hazards, such as potholes, uneven pavement, and loose gravel
• Mechanical failure or defective parts, such as tires or braking systems
• Inclement weather or visibility issues caused by fog

One thing you can do to make yourself more visible on the road is to wear reflective gear and ensure all your lights are in good working order. a

Proving Fault After a Motorcycle Crash

Proving the cause of a motorcycle accident is rarely a straightforward process. That’s why it’s vital to have an experienced personal injury lawyer who knows how to gather relevant evidence, identify all liable parties, and build a strong case that accounts for all your injuries and losses. Our Staten island motorcycle accident lawyers gather evidence such as:

• Police and accident reports
• Video footage from traffic cameras, dashcams, and surveillance footage
• Photographs of the scene, damaged vehicles, your motorcycle, and injuries
• Witness statements 
• Cell phone and event data recorder (EDR) information

Our team also works with accident reconstruction specialists, medical professionals, economists, and other respected experts to prove how a crash happened, who is at fault, and the physical, emotional, and financial costs of your injuries. We put all the pieces of the puzzle together and create compelling cases that resonate with judges and juries. 

Depending on the circumstances of the crash, one or more of the following parties may be responsible:

• Other motorists
• Government entities or municipalities responsible for maintaining roads, signs, and traffic signals
• Manufacturers of defective parts or vehicles
• Repair shops

Under New York dram shop laws, bars or restaurants may be liable if they overserve alcohol to a visibility intoxicated person who later causes a crash. Your motorcycle accident attorney identifies all potentially liable parties and helps you pursue every possible avenue of compensation.

Types of Damages in NY Motorcycle Accident Claims

Your motorcycle accident attorney aggressively pursues the damages needed to cover the many ways a crash changes your life, including:

• Past and future medical costs, including rehabilitation and long-term nursing care
• Lost wages
• Loss of earning capacity
• Disfigurement
• Pain and suffering
• Emotional distress
• Loss of enjoyment
• Loss of consortium
• Property damage

If you’ve lost a loved one in a motorcycle accident, our team can evaluate your case and determine whether a wrongful death claim could be a viable option for pursuing damages. 

Understanding Comparative Fault in New York

New York follows a pure comparative fault rule. This means that even if you were partially responsible for the accident, you can still recover compensation. Your total amount of compensation is simply reduced by your percentage of fault.



Common factors that can impact liability include:

• Failing to wear a helmet or lane splitting, which are both illegal in New York
• Speeding, reckless driving, or breaking other traffic laws
• Failure to use turn signals 

Insurance companies use any evidence they can to shift blame and minimize payouts. Having an experienced motorcycle accident lawyer who knows how to counter their assertions gives you the best chance of a successful outcome for your case. We handle all negotiations and communications with insurers so you can focus on your recovery.

Why Choose Our Staten Island Motorcycle Accident Attorneys?

With over 50 years of experience and $500 million recovered for our clients, Chelli & Bush provides:

• Experience handling complex claims — We understand the unique mechanics of motorcycle crashes and the specific laws that apply to riders in Staten Island, Brooklyn, and the greater NYC area.
• Tenacious advocacy — Our team has the strength, strategy, patience, and resources to take on powerful insurance companies and win.
• Compassionate guidance — We stand by your side and keep you updated every step of the way, so you never feel alone.
• No financial risk — Our personal injury lawyers take cases on a contingency fee basis. This means no upfront costs, and we get paid only if we recover compensation for you. 

Contact a Motorcycle Accident Lawyer Near You in Staten Island

If you’ve been hurt or have lost a loved one in a motorcycle accident, don’t wait to seek legal help. Call Chelli & Bush, Attorneys at Law at 718-987-8444 or contact us to schedule a free consultation with a motorcycle accident attorney near you in New York. 

Frequently Asked Questions about Motorcycle Accident Claims in NY

Will my motorcycle insurance pay for medical bills or lost wages in NY?

Because motorcycles are excluded from New York’s no-fault system, your own motorcycle policy typically does not cover your medical bills or lost wages. Generally, if someone else is at fault for an accident you can file a claim with their insurance to recover these costs and other damages such as pain and suffering.

How much is my motorcycle crash case worth?

The value of your claim depends on the severity of your injuries, the cost of medical treatment, lost income, and the impact on your quality of life. Our motorcycle accident lawyers know how to account for the full extent of your damages and pursue the maximum compensation that may be available to you.

How long will my motorcycle crash case take?

The complexity of the case and nature of a victim’s injuries often impact how long it takes to resolve a case. Although most personal injury claims are settled out of court in a few months, if your case goes to trial it may take a year or more to reach a final settlement or verdict.

How long do I have to file a lawsuit in New York after a motorcycle crash?

Typically, the statute of limitations for motorcycle accident lawsuits in New York is three years from the date of the crash. If the claim is against a government entity, you may have as little as 90 days to file a formal Notice of Claim.