Motorcyclists Get Blamed First. We Make Sure the Evidence Tells the Real Story

What Motorcyclists Need to Know About NY Injury Claims

Motorcycle accident cases are harder than standard car crash cases for one main reason: bias. Jurors and insurance adjusters often assume the rider was reckless before they see a single piece of evidence. Our job is to reframe the case with objective evidence: skid marks, sight lines, vehicle speeds, and witness accounts that show what actually happened. New York does not require helmets for riders 18 and older, so a helmet defense is not available to the defendant against you. New York follows pure comparative negligence, so even if a jury finds you 40% at fault, you still recover 60% of your damages. No-fault law applies to motorcycle accidents differently: motorcycle operators are excluded from no-fault PIP under Insurance Law §5103(b). You must bring a third-party negligence claim from the start. The three-year statute of limitations under CPLR 214 applies.