The Real Dangers of Motorcycle Accidents in New York (And What to Do If You’re Hurt)
The dangers of motorcycle accidents in New York are unlike any other type of road crash. Motorcyclists have no steel frame, no airbags, and no seatbelt — nothing between their body and the pavement when another driver makes a mistake. Attorney Brett J. Nomberg of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, has represented seriously injured motorcyclists and the families of those killed in motorcycle accidents across New York for more than 30 years. Understanding the real dangers of motorcycle accidents — what causes them, what injuries they produce, and what legal rights New York motorcyclists have — is the first step toward protecting yourself and your recovery after a crash.
The statistics behind the dangers of motorcycle accidents in New York are stark. Motorcyclists are 29 times more likely to die in a traffic crash than passenger car occupants per vehicle mile traveled, according to the National Highway Traffic Safety Administration (NHTSA). In New York State, motorcyclists account for roughly 15% of all traffic fatalities despite representing less than 3% of registered vehicles. In New York City, the NYC DOT Vision Zero Year 10 Report documented motorcycles as involved in a disproportionate share of serious injury crashes. The dangers of motorcycle accidents are not theoretical — they are measured in fractures, traumatic brain injuries, spinal cord damage, and lives cut short.
New York’s no-fault insurance system under Insurance Law §5103 does not apply to motorcycles — motorcyclists are explicitly excluded from the Personal Injury Protection (PIP) no-fault system. This means injured motorcyclists must pursue the at-fault driver’s liability insurance directly from the start. To file a personal injury lawsuit, a motorcyclist’s injuries must meet the serious injury threshold under Insurance Law §5102(d) — which includes fractures, permanent limitation, significant disfigurement, or a 90/180-day disability. The standard statute of limitations for a New York motorcycle accident lawsuit is three years under CPLR §214. If a government vehicle or road defect contributed to the crash, a Notice of Claim must be filed within 90 days under General Municipal Law §50-e.
Why the Dangers of Motorcycle Accidents Are Greater Than Any Other Crash
The dangers of motorcycle accidents are greater than car accidents for one fundamental reason: motorcyclists have zero crash protection. A car occupant is surrounded by crumple zones, door beams, airbags, and a roof structure designed to absorb energy. A motorcyclist absorbs all of that energy directly through their body. At just 30 mph, a motorcycle crash generates enough force to cause a traumatic brain injury, fracture a femur, or sever a spinal disc. At highway speeds, the dangers of motorcycle accidents escalate to catastrophic and often fatal outcomes. Even when a rider is wearing a helmet — required by law in New York under Vehicle and Traffic Law §381 — the physics of an unprotected human body striking pavement, guardrails, or other vehicles creates injury profiles that dwarf those of enclosed vehicle crashes.
Driver inattention is the single leading cause of dangerous motorcycle accidents in New York. Cars turning left across a motorcyclist’s path — called a left-turn crash — account for nearly 42% of all fatal motorcycle collisions nationally according to NHTSA. Drivers frequently report not seeing the motorcycle at all. Lane-change sideswipes on the BQE, FDR Drive, and the Major Deegan are among the most common motorcycle accident scenarios in New York City. Road hazards that a car passes over without incident — potholes, oil slicks, gravel, expansion joints — become life-threatening obstacles for a two-wheeled vehicle. When road defects contribute to a motorcycle crash in New York, a municipality or state agency may share liability, and a 90-day Notice of Claim deadline applies.
The Most Dangerous Motorcycle Accident Injuries in New York
The dangers of motorcycle accidents manifest in a predictable set of catastrophic injuries. Because motorcyclists are exposed and airborne during a crash, impact forces concentrate on the head, spine, limbs, and torso with no distribution across a vehicle frame. The following injuries are most commonly seen in New York motorcycle accident cases:
- Traumatic brain injury (TBI) — Even helmeted riders suffer concussions, hemorrhages, and permanent cognitive impairment from the rotational forces of a motorcycle crash; see our brain injury practice page
- Spinal cord injury and paralysis — Impact with the road surface or another vehicle can fracture vertebrae, herniate discs, or sever the spinal cord entirely; see spinal cord injury page
- Road rash — Friction burns from sliding across pavement penetrate through skin, muscle, and in severe cases expose bone; severe road rash carries infection risk and permanent scarring
- Fractures — Femur, tibia, pelvis, collarbone, and wrist fractures are the most common bone injuries in motorcycle crashes; these satisfy the serious injury threshold under Insurance Law §5102(d)
- Internal injuries — Ruptured spleen, liver lacerations, and internal bleeding from blunt abdominal trauma are common in high-speed motorcycle accidents
- Burn injuries — Fuel ignition, exhaust contact, and road surface friction can cause severe burns; see NYC burn injury page
- Amputation — Limb loss from crushing between the motorcycle and another vehicle or the road is one of the most devastating outcomes of a serious motorcycle accident
- Wrongful death — When the dangers of a motorcycle accident claim a rider’s life; see New York wrongful death page
The Most Common Causes of Dangerous Motorcycle Accidents in New York
Understanding what causes dangerous motorcycle accidents in New York is essential to identifying who bears legal liability after a crash. Most motorcycle accidents in New York are caused by the negligence of another driver or a hazardous road condition — not rider error. The most common causes include:
| Cause | How It Creates Danger | Potential Liable Party |
|---|---|---|
| Left-turn crashes | Car turns left in front of an oncoming motorcyclist; driver fails to see or yield; accounts for ~42% of fatal motorcycle crashes (NHTSA) | Turning driver’s insurance |
| Lane-change sideswipe | Driver changes lanes without checking blind spot; motorcyclist in adjacent lane is struck or forced off road | Lane-changing driver |
| Rear-end collision | Distracted or speeding driver strikes motorcycle from behind; motorcycle thrown forward into traffic | Rear driver; cell phone records subpoenaed |
| Dooring | Parked car occupant opens door into path of oncoming motorcyclist; NYC Vehicle and Traffic Law §1214 violations | Vehicle occupant who opened door |
| Road defects | Potholes, missing manhole covers, uneven pavement, loose gravel, or oil — all life-threatening to a two-wheeled vehicle | NYC DOT, NYSDOT, or responsible municipality; 90-day Notice of Claim required |
| Drunk or impaired driving | DWI crashes involving motorcycles have a disproportionately high fatality rate; punitive damages may apply | Impaired driver; potential Dram Shop liability |
| Speeding | Higher impact speeds dramatically increase the danger of motorcycle accidents; at 60 mph, survival rates drop sharply | Speeding driver; EDR data preserved |
| Defective motorcycle parts | Brake failure, tire defects, or throttle malfunction can cause a crash without any other driver involved | Manufacturer or dealer; product liability claim |
New York’s Motorcycle Laws and How They Affect Your Case
New York has specific laws governing motorcycle operation that directly affect the outcome of a motorcycle accident lawsuit. Every rider must wear a helmet under VTL §381 — failure to wear a helmet can be raised by the defense to argue comparative negligence under CPLR §1411. Eye protection is also required unless the motorcycle has a windshield. Lane splitting — riding between lanes of moving traffic — is illegal in New York under VTL §1252 and can be used to assign comparative fault to a rider. However, under New York’s pure comparative negligence rule, a motorcyclist who is partially at fault can still recover damages — reduced by their percentage of fault. This means even if an insurer argues you were 30% at fault, you can still recover 70% of your total damages. Brett Nomberg fights these comparative fault arguments aggressively.
Because motorcycles are excluded from New York’s no-fault PIP system, injured riders do not have the same automatic first-party benefit structure that car accident victims access. This makes it more important — not less — to pursue the at-fault driver’s bodily injury liability coverage and, when necessary, your own uninsured or underinsured motorist (UM/UIM) coverage. If the at-fault driver was uninsured, New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) provides a fund for compensation. Brett Nomberg navigates all of these coverage layers — including TNC insurance when a rideshare vehicle caused the crash — as part of every New York motorcycle accident case he handles.
What to Do Immediately After a Dangerous Motorcycle Accident in New York
- Call 911 and stay at the scene. Report the crash and request emergency medical help immediately. A police report creates an official record of the motorcycle accident that is essential to your legal claim.
- Seek emergency medical care the same day — even if you feel fine. Traumatic brain injury, internal bleeding, and spinal injuries from motorcycle crashes frequently have delayed symptom onset. Same-day medical records directly link your injuries to the crash.
- Photograph the entire scene. Document your motorcycle, the other vehicle, final positions, skid marks, road defects, traffic signals, your helmet, your gear, and all visible injuries. These images become irreplaceable evidence.
- Collect all driver and witness information. Name, license, plate, insurance carrier, policy number — and contact information for every witness at the scene before they leave.
- Do not give a recorded statement to the other driver’s insurer. You are not required to speak with the at-fault driver’s insurance company. Anything you say will be used to minimize your claim.
- Call Brett Nomberg immediately. Traffic camera footage is overwritten in 24–72 hours. Vehicle black box data can be lost when the bike is repaired. Evidence must be preserved the same day. Call (212) 808-8092 any time — 24/7.
Frequently Asked Questions About the Dangers of Motorcycle Accidents in New York
| Question | Answer |
|---|---|
| Why are the dangers of motorcycle accidents greater than car accidents? | Motorcyclists have no structural protection — no frame, airbags, or seatbelt. All crash energy is absorbed directly by the rider’s body. At any speed, the dangers of motorcycle accidents produce injury patterns far more severe than the same crash in an enclosed vehicle. The dangers of motorcycle accidents is real. |
| Does New York’s no-fault insurance cover motorcycle accidents? | No. Motorcycles are explicitly excluded from New York’s no-fault PIP system under Insurance Law §5103. Injured motorcyclists must pursue the at-fault driver’s liability coverage directly — making it essential to act quickly and preserve all evidence. |
| Can I file a lawsuit after a motorcycle accident in New York if I wasn’t wearing a helmet? | Yes, but not wearing a helmet may be raised as comparative negligence under CPLR §1411. Under New York’s pure comparative negligence rule, your damages would be reduced by your percentage of fault — but you are not barred from recovery entirely. |
| What is the most dangerous type of motorcycle accident? | Left-turn crashes — where a car turns left in front of an oncoming motorcycle — account for approximately 42% of all fatal motorcycle collisions nationally. The rider has almost no reaction time, and the danger of the motorcycle accident is compounded by the direct frontal impact. |
| How long do I have to file a lawsuit after a motorcycle accident in New York? | Three years from the crash date under CPLR §214 for private parties. If a government vehicle or road defect contributed — such as a NYC DOT pothole — a Notice of Claim must be filed within 90 days under General Municipal Law §50-e or your claim against that entity is permanently barred. |
| What if the driver who caused my motorcycle accident was uninsured? | You may pursue your own uninsured motorist (UM) coverage or file a claim with MVAIC — New York’s Motor Vehicle Accident Indemnification Corporation — which compensates victims of uninsured and hit-and-run drivers. |
| Can a road defect cause a dangerous motorcycle accident and who is liable? | Yes. Potholes, missing manhole covers, uneven pavement, and loose gravel are significantly more dangerous to motorcycles than to cars. If a road defect caused or contributed to your crash, a government entity may be liable — but you must file a Notice of Claim within 90 days of the accident. |
| What damages can I recover after a serious motorcycle accident in New York? | Past and future medical expenses, lost wages and loss of earning capacity, pain and suffering, permanent disability, disfigurement, and loss of enjoyment of life. If the at-fault driver was intoxicated or reckless, punitive damages may also apply. |
Injured in a New York Motorcycle Accident? The Dangers Are Real — So Are Your Rights.
The dangers of motorcycle accidents in New York are real, severe, and often caused by the negligence of another driver, a defective road, or a faulty vehicle component. You have rights under New York law to pursue full compensation — but only if you act quickly, preserve evidence, and have an attorney who knows how to use every available legal tool. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24/7 — or reach us through our online contact page. There is no fee unless we win.
Local Resources for New York Motorcycle Accident Victims
If you or a loved one has been involved in a motorcycle accident in New York, there are several local resources available to support your medical, emotional, and legal recovery. Below is a table of helpful organizations, agencies, and services throughout New York City and State that specialize in assisting motorcycle accident victims and their families.
| Resource | Type of Assistance | Contact / Link |
|---|---|---|
| NYC Health + Hospitals / Bellevue | Level 1 Trauma Center – Emergency care for serious injuries | nychealthandhospitals.org/bellevue | (212) 562-4141 |
| New York State Department of Motor Vehicles (DMV) | Accident reporting, license, and registration support | dmv.ny.gov | General: (518) 486-9786 |
| New York State Office of Victim Services | Financial assistance for medical bills, lost wages, and counseling | ovs.ny.gov | (800) 247-8035 |
| New York City Police Department – Collision Investigation Squad | Accident reports and investigation services | NYPD Crash Reports |
| Hospital for Special Surgery (HSS) | Orthopedic and trauma care for fractures and musculoskeletal injuries | hss.edu | (212) 606-1000 |
| Mount Sinai Health System – Spine Center | Specialized spinal cord injury treatment and rehabilitation | mountsinai.org/care/spine | (212) 241-8947 |
| Brain Injury Association of New York State | Support groups, advocacy, and resources for TBI survivors | bianys.org | (518) 459-7911 |
| Riders Alliance | Motorcycle advocacy, education, and community events in NYC | ridersny.org |
| NYC Department of Transportation (DOT) | Reporting dangerous road conditions or defects | 311 Online Portal | Dial 311 |
| New York Legal Assistance Group (NYLAG) | Free and low-cost legal services for personal injury victims | nylag.org | (212) 613-5000 |
Additional Support
For mental health support after a traumatic accident, contact NYC Well at 1-888-NYC-WELL (1-888-692-9355) for 24/7 counseling and crisis intervention.
About Brett J. Nomberg — New York Motorcycle Accident Attorney
Brett J. Nomberg has practiced personal injury law in New York for more than 30 years, representing riders seriously injured in dangerous motorcycle accidents throughout the five boroughs and surrounding counties. He personally manages every case — clients speak directly with Brett, never a paralegal or junior associate. He is available 24 hours a day, 7 days a week, including weekends and holidays. His record includes verdicts and settlements of $4.5 million for a brain injury, $3.9 million in a case where evidence was concealed, and $1.7 million in a case involving a hidden surveillance tape — all results built on fast evidence preservation and aggressive pursuit of every liable party. Brett also handles pedestrian accident cases, traumatic brain injuries, spinal cord injuries, and wrongful death cases arising from all types of crashes. All cases are handled on a contingency fee basis — you pay nothing unless Brett wins. Learn more at his attorney profile page.





