Motorcycle Accident Lawyer Near Me

Pick an office you can reach, or start by phone or video, and then test the lawyer with rider-specific questions: does no-fault pay me, do I need a serious injury, how will the helmet and lane-position arguments be answered, and does the 2026 fault rule apply. Licatesi Law Group has offices in Uniondale, Brooklyn, Corona (Queens) and Teaneck, New Jersey, and more than 40 years of injury practice.

Mainly because of no-fault. 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, so a rider’s medical bills are not paid by no-fault, and a rider generally does not have to meet the serious-injury threshold to claim pain and suffering. Riders also face helmet and lane-position arguments that car occupants do not.

That is not a defense by itself. Drivers must look for motorcycles like any other traffic. Sight lines, lighting, signal timing, camera footage, the vehicles’ positions and the driver’s phone use show whether you were there to be seen. Your own lane position and speed are compared too.

It can be argued against you. Vehicle and Traffic Law 381(6) requires every motorcycle operator and passenger to wear a helmet, and the defense may argue a head injury was worse without one. That is a fault argument about specific injuries, tested with medical proof; it does not erase the driver’s responsibility for causing the crash or for injuries a helmet would not have prevented.

From the at-fault driver: medical expenses and lost income, future care and earnings where proven, and pain and suffering. Medical and income claims are subject to the reimbursement, lien and offset rules that apply to any health-insurance or other benefits you received. Because riders are outside no-fault, the State’s regulator says they may sue “from first dollar loss.” Damage to the bike is a separate property claim. We do not quote values before reviewing the records.

With the police report, photographs of the scene, the vehicles and the road, the damage and where each vehicle ended up, witness statements, nearby camera footage, and, if needed, phone records and reconstruction. Common examples are a left turn across your path, a lane change into you, a door opened into traffic and following too closely.

Lane splitting is not allowed in New York: Vehicle and Traffic Law 1252 bars riding between lanes of traffic, while giving every motorcycle the right to full use of a lane. Expect a fault argument. The other driver’s conduct still matters, your share of fault generally reduces rather than bars damages, and whether the 2026 bar reaches a rider’s own claim is decided case by case.

Many do. At Licatesi Law Group the consultation is free and there is no fee unless there is a recovery. The fee agreement is explained in writing before we start.

Most injury lawsuits against a driver must be started within three years. For an ordinary injury claim against a city, county, town or village (its vehicle or road), a notice of claim is generally due within 90 days and a lawsuit within one year and 90 days. Claims against the State go to the Court of Claims, and public authorities have their own rules. A wrongful death action is brought by the estate’s representative, generally within two years of the death.

We start where a rider’s case starts: outside no-fault, with the helmet and lane-position arguments answered by evidence. The firm has practiced injury law for more than 40 years and has recovered more than $100 million for clients firm-wide. You can meet us in Uniondale, Brooklyn, Corona or Teaneck, or by phone or video, and there is no fee unless there is a recovery.