Riders hurt in Brooklyn
Brooklyn Motorcycle Accident Lawyers
A rider gets no no-fault benefits from the bike, so the claim against the driver who caused the crash carries more weight than it would for a car occupant.
Meet us at our Brooklyn office on Kings Highway, or start by phone or video. More than 40 years of injury practice.
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Who pays a Brooklyn rider
Car occupants start with no-fault. Riders and passengers on a motorcycle generally do not, and they generally do not have to prove a “serious injury” to claim pain and suffering. Our motorcycle accident guide compares the two in detail.
- First
- Your health insurance, and any optional coverage on your own motorcycle policy. No-fault generally does not pay riders (Insurance Law 5102(f), 5103(a)(1)).
- Then
- The at-fault driver’s liability insurance, for medical costs, lost earnings and pain and suffering. The State’s regulator describes riders as able to sue “from first dollar loss” (DFS no-fault FAQ).
- If the driver fled
- Report it to police within 24 hours (limited exceptions need prompt review). MVAIC or uninsured-motorist coverage on your own policy may be a source; eligibility depends on the facts (Insurance Law 5208).
Brooklyn roads
Who answers for what happened on the road?
Potholes, steel plates and gravel hurt riders more than drivers. Who controlled the vehicle or the pavement decides the notice, the clock and the court.
- Another driver, a truck or a parked car’s door
- The driver and the vehicle’s owner, through their insurer. No one may open a door into traffic until it is reasonably safe (VTL 1214).
- Notice, deadline, court: No governmental notice of claim, though insurance or other reporting deadlines may still apply. A lawsuit generally must be started within three years. Venue: where a party lived or where much of the events happened (CPLR 503(a)).
- A City vehicle, or a defect in a City street
- The City of New York. For a street defect, the City generally needs prior written notice of that defect to the Department of Transportation (Admin Code 7-201).
- Notice, deadline, court: Ordinary personal-injury claim: a notice of claim filed with the NYC Comptroller within 90 days (eClaim, in person or by mail, not email), and a lawsuit generally within one year and 90 days. Generally venued in Kings County for a Brooklyn claim (CPLR 504(3)).
- A State highway or a public authority’s road or bridge
- The State, or the authority that runs the road, only if its condition or design contributed; otherwise the other driver.
- Notice, deadline, court: A personal-injury claim against the State itself for negligence or an unintentional tort of a State employee goes to the Court of Claims: filed and served on the Attorney General within 90 days, unless a valid, timely notice of intention is served in that time, which extends the time to file the claim but does not replace it (Court of Claims Act § 10(3)). Authorities have their own notice rules; identify the exact operator first.
- A utility cut, steel plate or work zone
- The utility or contractor that opened or covered the street, and sometimes the City.
- Notice, deadline, court: Private companies need no notice of claim; the City’s 90-day notice still applies if it is part of the claim.
Rows describe ordinary personal-injury claims. A death claim has separate notice, accrual and time-limit rules, and the exact defendant, exceptions and tolls must be checked in every case. Naming a public body, building or hospital explains which rule could apply; it is not a statement that anyone was at fault.
Fault arguments
Riding rules insurers raise, and how they are answered
- Helmet. Every operator and passenger must wear one (VTL 381(6)). The defense may argue a head injury was worse; medical proof separates it from fractures and road rash a helmet would not change.
- Lane position. Lane splitting is barred, but every motorcycle is entitled to full use of a lane (VTL 1252). A driver who crowds a rider in the lane is not excused.
- “I didn’t see the motorcycle.” Sight lines, signal timing, camera footage and phone use show whether the rider was there to be seen.
- Shared fault. Your share generally reduces damages (CPLR 1411); whether the 2026 bar reaches a rider’s own claim is decided case by case.
Brooklyn motorcycle cases are heard in Kings County Supreme Court, subject to venue rules. A fatal crash follows separate rules: the estate’s representative generally sues within two years of the death (EPTL 5-4.1).
Our Brooklyn office
Kings Highway, Brooklyn
3857 Kings Highway, #1f, Brooklyn, NY 11234(718) 710-4880
The office also serves Staten Island. See our Brooklyn office page for directions.
Brooklyn neighborhoods we serve include
- Bay Ridge
- Bensonhurst
- Borough Park
- Brighton Beach
- Canarsie
- Coney Island
- Crown Heights
- Dyker Heights
- Flatbush
- Gravesend
- Marine Park
- Midwood
- Mill Basin
- Park Slope
- Sheepshead Bay
- Sunset Park
- Williamsburg
- Bushwick
Other Brooklyn pages: personal injury, car accidents, truck accidents and pedestrian accidents.
Brooklyn vehicle results
Two recorded Brooklyn crash results
These are the firm’s published results whose records name Brooklyn, quoted exactly. Both involve trucks, not motorcycles; none of the firm’s published results describes a motorcycle crash. Over 40 years the firm has recovered more than $100 million for clients across New York and New Jersey.
Prior results do not guarantee a similar outcome. Every case depends on its own facts.
See the full verdicts and settlements archive$300,000
$300,000 Recovery — Brooklyn 18-Wheeler Rear-End Collision
Our client, a NYC probation officer, was stopped at a red light in Brooklyn when an 18-wheeler rear-ended his vehicle. He suffered multiple injuries. We fought to get him the compensation he deserved. We are proud to secure a $300,000 recovery for our client.
$380,000
$380,000 Recovery — Brooklyn Truck Rear-End Collision
Our client, a NYC probation officer, was a passenger in a work vehicle rear-ended by a truck at a red light in Brooklyn. She suffered multiple injuries including surgery. We're proud to have secured a $380,000 recovery for her.
Questions
Brooklyn motorcycle accident questions
Generally not from the motorcycle. New York’s no-fault law leaves motorcycles out of its definition of a motor vehicle and excludes people riding on one from first-party benefits. Riders usually rely on health insurance, any optional coverage on their own motorcycle policy, and the claim against the driver who caused the crash.
Usually not. The serious-injury threshold limits suits between “covered persons”, and a motorcycle rider is generally not one because motorcycles are excluded from the no-fault definitions. The answer can depend on the facts, so we confirm it before relying on it.
A case against another driver can generally be brought in the county where a party lived when it started or where a substantial part of the events happened. A claim against the City of New York arising in Brooklyn is generally venued in Kings County. Brooklyn cases are heard in Kings County Supreme Court, subject to transfer and other venue rules.
Whoever maintains that roadway or placed the plate, which can be the City, a utility or a contractor. A claim against the City over a street defect generally requires prior written notice of that defect to the Department of Transportation, and a notice of claim with the Comptroller within 90 days. Photograph the defect with something for scale before it is repaired.
It can be argued against you. New York requires every motorcycle operator and passenger to wear a helmet and bars riding between lanes of traffic. Each is a fault argument about how the crash happened or about specific injuries; neither erases the other driver’s responsibility for causing the crash.
Yes. Our Brooklyn office is at 3857 Kings Highway, #1f, Brooklyn, NY 11234, phone (718) 710-4880. You can also start by phone at (516) 227-2662 or by video. The consultation is free, and there is no fee unless there is a recovery.
Talk to a Brooklyn motorcycle accident lawyer
Tell us where in Brooklyn the crash happened and what the other driver did. We will explain who pays, the deadline that applies and the evidence to keep. The consultation is free.
What to bring
- Police report number
- Photos of the bike, gear and road surface
- Your health insurance card
- Your motorcycle insurance policy
Photo credits: Belt Parkway near Sheepshead Bay by Multiplicitous, CC BY-SA 3.0, cropped and resized.