Why Motorcycle Accident Claims Are Often Difficult to Win

If you or someone you love has been injured in a motorcycle accident, the physical, emotional, and financial aftermath can be devastating. At Chelli & Bush, Attorneys at Law, our motorcycle accident lawyers in Staten Island know just how tough these cases can be. Learning about common challenges in motorcycle accident lawsuits can help you better understand the process and why our team fights so hard to recover the full compensation you deserve. 

Quick Facts

• Motorcyclists are more vulnerable to catastrophic injuries than occupants of other types of vehicles, and may require costly medical treatment and long-term care after a crash.
• Bias against riders is real and insurance companies often weaponize these biases to shift blame onto you.
• Our experienced motorcycle accident lawyers understand the nuances of these complex claims and know what types of evidence can make or break a case.  
• Over the past 50 years, we’ve recovered more than $500 million for clients in Staten Island, Brooklyn, and the greater New York City area.  

Common Challenges in Motorcycle Accident Claims 

Motorcycle cases are often more difficult to navigate than car accident claims. Our personal injury attorneys are well-versed in the technical aspects of motorcycle crashes and understand the legal nuances as well. 

Bias Against Riders

Motorcyclists face an unfair perception that they are reckless by nature. Insurance adjusters and defense attorneys often try to use these biases to their advantage. They may claim a rider was probably doing something dangerous like speeding or lane splitting, even when there's no evidence to prove it. Jurors can unknowingly bring this bias into the process and be more easily influenced by these kinds of statements. 

That’s why it’s important to have a motorcycle accident lawyer who anticipates this bias and understands how to counter. Our personal injury attorneys tell your story with clarity and compassion so jurors understand that you’re a real person, not just a reckless stereotype. 

Proving Liability

Establishing who was at fault in a motorcycle accident is often complicated as well. Drivers often fail to see motorcyclists, which leads to disputes over who had the right of way at intersections, during lane changes, and when yielding was required. Important evidence such as damaged gear, skid marks, or surveillance footage can be lost or discarded quickly. Gathering evidence as soon as possible can help support your claim and make it easier to prove fault.

Our experienced team takes swift action to preserve critical evidence and works with accident reconstructionists to demonstrate how the crash occurred.

Catastrophic Injuries

Motorcyclists have almost no physical protection in a crash, and the injuries they sustain are often life-altering. Brain and spinal injuries, severe road rash, amputation, and complex fractures are all too common. These injuries frequently come with staggering medical bills, lengthy recoveries, and long-term care needs. The cost of surgeries, rehabilitation, and home modifications can easily run into the millions. 

Battling Insurance Companies

Because these claims are often more costly than car accident cases, insurers may fight much harder to minimize your injuries and pay as little as possible. They may argue you were fully or partially at fault, or pressure you into accepting an inadequate settlement before you fully understand what your recovery will actually cost. Do not give a recorded statement, sign anything, or accept a settlement without speaking to a motorcycle accident attorney first. 

Types of Damages In Motorcycle Accident Lawsuits

Our motorcycle accident lawyers help injured riders recover compensation such as:

• Past and future medical expenses
• Lost wages
• Diminished earning capacity
• Pain and suffering
• Emotional distress
• Cost of home modifications and assistive devices
• Loss of enjoyment of life
• Disfigurement
• Permanent disability
• Loss of companionship and consortium

If you’ve lost a loved one in a crash, a motorcycle accident attorney can determine whether pursuing a wrongful death claim is an appropriate option. 

Vital Evidence in Motorcycle Accident Lawsuits

Gathering relevant, compelling evidence is essential to building a strong claim. This includes:

• Photos and videos of the scene, your motorcycle, vehicle damage, and your injuries
• Surveillance, Dashcam and traffic camera footage
• Witness contact information and statements
• Police reports
• Your medical records and any accident-related bills
• A journal documenting your injuries, pain levels, emotional state, and recovery progress
• Testimony from loved ones about the impact on your quality of life 

Building Your Case: Common Legal Strategies

Our team immediately gets to work investigating the accident and building a strong case. Some of the actions and strategies we employ include:



• Working with accident reconstructionists and medical specialists to prove how a crash happened and the severity of your injuries.
• Accurately calculating the full financial, physical, and personal scope of your damages and losses, including long-term needs.
• Challenging attempts to assign you an unfair share of the blame.
• Handling all communications and strategically negotiating with insurers.

Why Choose Our Staten Island Personal Injury Lawyers?

Motorcycle accident claims are some of the most highly contested personal injury cases we handle. You need a team that knows how to fight powerful insurance companies and win. With Chelli & Bush, you get:

• More than 50 years of experience handling motorcycle accident lawsuits in Staten Island, Brooklyn, and the greater New York City area.
• A proven track record of success and glowing client testimonials.
• Experience handling the complex technical aspects of these cases and countering tactics insurers use against motorcyclists.
• A compassionate, client-centered approach and relentless legal advocacy.
• Free case evaluations, no upfront costs, and no attorneys’ fees unless we recover compensation for you.

Speak to a Motorcycle Accident Lawyer Near You in Staten Island

If you or a loved one was injured in a motorcycle accident, don't wait to seek experienced legal guidance. Chelli & Bush, Attorneys at Law is here for you. Contact us or call 718-987-8444 to schedule a free, no-obligation consultation with a with a motorcycle accident attorney near you in Staten Island, NY.

Frequently Asked Questions about Motorcycle Accident Claims in NY

What should I do immediately after a motorcycle accident?

• Move to safety, but leave your bike where it is if possible
• Call 911
• Seek medical attention right away, even if you feel fine
• Document the scene with photos and video if you’re able
• Get insurance info from drivers and contact information from witnesses
• Contact a motorcycle accident lawyer before speaking with insurance adjusters

Can I still file a claim if I wasn't wearing a helmet?

Yes. Although it’s required under New York law, failing to wear a helmet doesn’t disqualify you from recovering compensation. However, insurance companies will use this to their advantage and may argue that your injuries are more severe because you weren’t wearing one. Our experienced Staten Island personal injury lawyers know how to counter these tactics and prove fault.

What if the other driver says they didn't see me?

"I didn't see them" is one of the most common defenses in motorcycle accident cases. That doesn’t mean it shields drivers from accountability if they were negligent. Strong evidence and accident reconstruction help us counter this defense.  



What if I was partially at fault for the accident?

Under New York's pure comparative negligence rule, you still may be able to recover compensation even if you were 99% at fault. Your total recovery is simply reduced by your percentage of responsibility.