Motorcycle Accident Lawyer in New York City
Serious and fatal motorcycle crash cases in NYC and on Long Island, handled by Reza Yassi
Motorcycle Accidents
Yassi Law P.C. represents motorcycle riders and passengers who were seriously injured, and families of riders who were killed, in crashes in all five boroughs of New York City and in Nassau and Suffolk Counties. Attorney Reza Yassi handles each case himself from the firm's Manhattan office, on a contingency fee, and the first consultation is free.
Motorcycle cases run on different rules from car crashes, because New York's no-fault system does not cover riders. For other crashes, see our car accident page; for every kind of case we take, see New York personal injury cases.
Motorcycle crash cases we take
We focus on crashes that cause lasting harm or death: traumatic brain injuries, spinal cord injuries, fractures that need surgery, amputations, deep road rash and burns, and fatal crashes. Common patterns include:
A driver turning left across an oncoming motorcycle. A left-turning driver must yield to oncoming traffic that is in the intersection or close enough to be an immediate hazard (Vehicle and Traffic Law § 1141).
A driver changing lanes into a rider without first making sure it is safe (VTL § 1128(a)), or squeezing a rider out of the lane (VTL § 1252(a)).
A car door opened into a rider's path (VTL § 1214).
Trucks, buses, taxis, rideshare cars and drunk or hit-and-run drivers.
Potholes, sunken utility trenches and other road defects.
We take a limited number of cases and concentrate on serious injuries. If we cannot take yours, you will get a quick answer.
Does no-fault cover motorcycle accidents in New York?
No. For no-fault purposes, a "motor vehicle" does not include a motorcycle (Insurance Law § 5102(f)). A car's no-fault coverage excludes occupants of a motorcycle (Insurance Law § 5103(a)(1)), and a motorcycle policy's no-fault coverage excludes the riders of that motorcycle (§ 5103(f)). So a rider or passenger generally gets no no-fault benefits from either policy, even one who owns an insured car (§ 5103(a)(2)).
That changes your case in three ways:
No automatic benefits. No-fault will not pay your medical bills or lost wages, so health insurance pays first and the injury claim has to cover the rest.
Your whole economic loss is part of the claim. A car occupant cannot sue for the first $50,000 of losses that no-fault covers; you can claim all of your medical costs and lost earnings from the driver at fault.
Generally no serious-injury threshold. The rule that you need a "serious injury" to sue for pain and suffering applies to a suit by one no-fault "covered person" against another (Insurance Law § 5104(a)). A covered person is a pedestrian hurt by an insured motor vehicle, its owner, driver or a passenger, or anyone else entitled to no-fault benefits (§ 5102(j)); a motorcycle is not a motor vehicle here, so a rider generally is not one. The Appellate Division, Second Department, which hears appeals from Brooklyn, Queens, Staten Island, Nassau and Suffolk, held that a motorcycle passenger was not a covered person, so whether she had a serious injury was "immaterial" (Jung v Glover, 169 A.D.3d 782 (2d Dep't 2019)).
One caution: a moped (a "limited use motorcycle", VTL § 121-b) may be treated differently, so the threshold question is checked in every case.
Who pays your medical bills after a motorcycle crash?
Usually your own health coverage pays as you are treated, and the at-fault driver's liability insurance pays at the end of the case. Check every source:
Health insurance, Medicare or Medicaid. They pay for treatment now, but many can claim repayment from a settlement.
Optional medical payments coverage, if your motorcycle policy includes it.
Workers' compensation, if you were riding for work. We bring the claim against the driver and work with law firms that handle the compensation claim.
The at-fault driver's and owner's liability insurance. The owner generally answers for anyone driving with permission (VTL § 388(1)), but federal law shields non-negligent rental and leasing companies (49 U.S.C. § 30106). The legal minimum is $25,000 for one person's injury and $50,000 per accident (VTL § 311(4)(a)), rarely enough for a serious injury.
Your own coverage. Check your motorcycle policy, and any car policy in your household, for uninsured motorist coverage, which may pay when the driver had no insurance, or hit you or your motorcycle and fled, and for supplementary uninsured/underinsured motorist (SUM) coverage, which on many newer policies equals your bodily injury limits unless declined or lowered in writing, and may pay when the at-fault driver's limits are lower than yours (Insurance Law § 3420(f)). Notify the insurer right away.
Do you have to wear a helmet on a motorcycle in New York?
Yes. Every rider and passenger must wear a helmet that meets the federal safety standard, and the operator must also wear goggles or a face shield (Vehicle and Traffic Law § 381(6)-(7)).
Riding without a compliant helmet does not decide who caused the crash. Insurers use it to argue that a head injury would have been less severe, an argument about damages for injuries a helmet would have prevented, and one that needs proof. A helmet does not protect a leg. Keep your helmet and gear as they are after the crash.
What if the motorcycle accident was partly your fault?
Your share of fault generally reduces your award; it does not wipe it out. Under New York's comparative fault rule, damages are cut by your percentage of fault (CPLR 1411(a)), and the defendant has to plead and prove your fault (CPLR 1412).
In suits filed on or after May 26, 2026, CPLR 1411(b) bars recovery when the injured person is more at fault than the defendants combined, but only in injury suits "subject to" the no-fault law. Because a rider's own claim generally falls outside no-fault, that bar generally does not reach it. The rule is new, and insurers may argue otherwise, so proof of how the crash happened still matters.
The fault arguments riders hear most often:
Lane splitting. Riding between lanes or between rows of cars is illegal in New York, and so is passing a vehicle in its own lane; two motorcycles may ride side by side in one lane (VTL § 1252).
Speed, following distance and visibility, usually argued from the damage to the bike and from video.
A rider has the same rights and duties as any other driver (VTL § 1250). A passenger who did nothing wrong can win on liability even while the two drivers dispute their own shares of fault (Jung v Glover).
Potholes and road defects
A defect a car rolls over can throw a motorcycle. A street-defect claim against the City of New York, or most Long Island towns and villages, generally requires proof that someone gave written notice of that defect before the crash, or that the municipality's own work created it (General Municipal Law § 50-e(4) keeps those local notice laws in force).
A utility or paving contractor that restored the road badly is generally not protected by those laws and can be sued directly. A State highway claim goes to the Court of Claims, where the claim, or a notice of intention to file one, is due within 90 days (Court of Claims Act § 10(3)). Photograph and measure the defect at once; roads are often repaired within days. Read the prior written notice trap in motorcycle road-defect cases.
What to do after a motorcycle accident in New York
Get medical care the same day, and tell the doctors every place you hurt.
Call the police and get the report number. If anyone was hurt or killed, the operator must also file a DMV report (form MV-104) within 10 days (VTL § 605(a)).
Photograph the vehicles, plates, road surface, signals, your injuries and your gear, and get witnesses' phone numbers.
Keep the motorcycle, helmet and gear unrepaired until they have been documented, and ask nearby businesses in writing to save their video.
Tell your own insurers promptly, but give the other driver's insurer no recorded statement before you get advice, and stay off social media about the crash.
How long do you have to sue after a motorcycle accident?
Usually three years from the crash for an injury claim (CPLR 214(5)), and three years for damage to your motorcycle and gear (CPLR 214(4)). Shorter deadlines apply when:
A City or other local government vehicle or road was involved: a notice of claim generally within 90 days (General Municipal Law § 50-e) and suit within one year and 90 days (§ 50-i). A New York City Transit bus: the same 90-day notice, but some bus-driver negligence cases may have only one year to sue (Public Authorities Law § 1212). See why the 90-day notice of claim can make or break a case.
A New York State vehicle or road was involved: the 90-day Court of Claims rule above.
The rider died: generally two years from the death (EPTL 5-4.1).
A missed deadline usually ends the claim.
When a motorcycle crash is fatal
The estate's personal representative, usually a close family member appointed by the Surrogate's Court, brings a wrongful death claim for the family. We work with the estate lawyers who handle the appointment and bring the wrongful death case ourselves.
How much is a motorcycle accident case worth?
No settlement calculator can value a serious motorcycle case. Value turns on the injury and its permanence, your share of fault and the insurance available, including your SUM coverage. You can claim:
All medical costs, past and future
Lost earnings and lost future earning ability
Pain and suffering
A spouse's claim for loss of services and companionship
Damage to the motorcycle and gear
Do you need a motorcycle accident lawyer, and what does it cost?
For scrapes that heal in a few weeks, you may not need one. Talk to a lawyer early if you were seriously hurt, fault is disputed, a road defect or public vehicle was involved, or the driver had little insurance.
At Yassi Law P.C. there is no fee unless money is recovered; in most injury cases the fee is one-third of the net recovery. The fee and the handling of case expenses are set out in a written retainer agreement. The first consultation is free, in person, by phone or by video, and Reza Yassi visits clients at home or in the hospital when travel is hard. He handles your case himself; learn more about Reza Yassi.
Guides on this topic
How comparative negligence affects your injury case: how a jury's fault percentage reduces an injury award under CPLR 1411, and who has to prove it.
The prior written notice trap in motorcycle road-defect cases: why a pothole claim against a Nassau town or village can fail without earlier written notice.
The defense medical exam after a New York motorcycle crash: your rights at the insurer's exam and how its report is challenged.
Frequently asked questions
Can I sue for a motorcycle accident in New York?
Yes, if someone else's carelessness caused the crash, such as a driver who turned or changed lanes into you. Because no-fault does not cover riders, that claim is usually how you recover medical costs, lost earnings and pain and suffering.
Does New York no-fault insurance cover motorcycle accidents?
Not for the rider or passenger. Motorcycles are excluded from the no-fault definition of a motor vehicle (Insurance Law § 5102(f)), so riders generally get no no-fault benefits from the car or the motorcycle. A pedestrian hit by a motorcycle, by contrast, is covered by the motorcycle's no-fault coverage (§ 5103(f)).
Is a motorcycle accident considered a motor vehicle accident?
Under the traffic laws, yes: a motorcycle is a motor vehicle (VTL § 123). Under the no-fault law, no: motorcycles are left out, which is why a rider's claim follows different rules from a car occupant's.
What should I not do after a motorcycle accident?
Don't skip medical care, give the other driver's insurer a recorded statement, post about the crash, or repair the bike and gear before they are documented. And don't wait: a claim over a City vehicle or road generally needs a notice of claim within 90 days.
What is the average settlement for a motorcycle accident in New York?
There is no reliable average; published figures mix minor and catastrophic cases from many states. The value factors are listed above.
How long does a motorcycle accident case take?
A case with clear fault and finished treatment can settle within months. A serious-injury lawsuit commonly takes two years or more, through records, depositions and a defense medical exam.
How do I choose a motorcycle accident lawyer in NYC?
Whatever a search for the "best motorcycle accident lawyer" turns up, ask who will handle your case day to day, how the lawyer will preserve video and the motorcycle, and what the fee is, in writing. The New York courts' free online attorney search shows whether a lawyer is registered and any public discipline.
If you or a family member was seriously hurt or killed in a motorcycle crash in New York City or on Long Island, call Reza Yassi at (646) 992-2138, email ry@yassilaw.com, or contact the office for a free consultation.
