Uniondale and Long Island Motorcycle Accident Lawyer

Usually not from your own bike. New York's no-fault law defines "motor vehicle" to exclude motorcycles (Insurance Law 5102(f)), and the provision that pays first-party benefits excludes people occupying a motorcycle (Insurance Law 5103(a)(1)). Riders typically rely on health insurance and on a claim against the driver who caused the crash. Your own motorcycle policy may include optional coverages, so read it or send it to us.

The serious-injury threshold in Insurance Law 5104(a) limits suits by one "covered person" against another covered person. A person riding a motorcycle is generally not a covered person under Insurance Law 5102(j), because a motorcycle is not a "motor vehicle" under the no-fault law. That generally leaves a rider free to seek pain-and-suffering damages without meeting the threshold, but the answer depends on the facts, such as whether you were otherwise entitled to no-fault benefits. We confirm it before relying on it.

Under CPLR 1411(a), your own fault reduces damages in proportion; it does not automatically bar recovery. A 2026 amendment, CPLR 1411(b), bars recovery in personal injury actions "subject to article fifty-one of the insurance law" when the claimant is more at fault than the defendants, for actions commenced on or after May 26, 2026. Whether that bar reaches a rider's own claim, given that motorcycles are excluded from article 51's definitions, is a question we evaluate case by case.

Possibly, yes. Vehicle and Traffic Law 381(6) requires operators and passengers to wear a protective helmet, and the defense may argue that not wearing one made a head injury worse. That is a comparative-fault argument about specific injuries, which medical proof can test; it does not erase the driver's responsibility for causing the crash or for injuries a helmet would not have prevented.

No. Vehicle and Traffic Law 1252 says no person shall operate a motorcycle between lanes of traffic or between adjacent rows of vehicles, and a rider may not pass in the same lane occupied by the vehicle being overtaken. The same section gives every motorcycle the right to full use of a lane and allows two motorcycles to ride abreast in one lane. If you were lane splitting, expect a fault argument; the other driver's conduct still matters.

Most personal injury lawsuits must be started within three years (CPLR 214). For a municipal injury claim subject to General Municipal Law 50-e, a notice of claim is generally due within 90 days after the claim arises. A negligence claim against New York State follows Court of Claims Act 10(3): generally file the claim in the Court of Claims and serve the Attorney General within 90 days, unless a timely notice of intention extends that time. Public authorities may have their own statutory requirements. Have a lawyer identify the responsible entity and check notice, filing and service deadlines immediately. A wrongful death action must generally be commenced within two years of death (EPTL 5-4.1).

Get medical care and keep every record. Photograph the scene, the vehicles, the road surface and your gear. Keep your helmet, jacket and boots as they are, because they show impact points. Write down witnesses' names, note nearby cameras so footage can be requested before it is overwritten, and get the police report number. Do not give a recorded statement to the other driver's insurer before speaking with a lawyer.

Yes. Our Uniondale office serves riders throughout Nassau County, including Hempstead, Garden City, East Meadow, Westbury, Carle Place, Roosevelt, Freeport and Merrick, as well as Suffolk County and New York City. We also have offices in Brooklyn, Corona and New Jersey.