The Klein & Cardali Law Group, PLLC


Motorcycle Accidents

New York Lawyers

According to the New York State Department of Motor Vehicles, fatal motorcycle crashes in New York have increased by nearly 52 percent since 2019. Early preliminary reports from the Institute for Traffic Safety Management & Research state that over 3,200 motorcycle accidents occurred in 2023, of which nearly 150 resulted in fatalities. Unlike automobiles, motorcycles offer much less protection. Riders are at greater risk of serious injury if they are involved in an accident with larger vehicles, inclement weather, or driving on poor road conditions.

Motocycle Accidents
Common Motorcycle Accidents Include:
  • Aggressive driving or road rage;
  • Intoxication and impairment;
  • Distracted by using cell phone for texting or calls;
  • Speeding;
  • Failing to observe and to yield the right of way;
  • Falling asleep at the wheel;
  • Following vehicles too closely;
  • Passing cars improperly;
  • Disregarding traffic signals;
  • Making improper turns;
  • Being an inexperienced driver;
  • Changing lanes improperly;
  • Backing up without looking.
No-Fault and Serious Threshold of Injury Law:

New York State follows what is known as “no-fault insurance” law (sometimes referred to as “personal injury protection insurance” or “PIP”) . That means regardless of who was at fault for the accident, your medical expenses and lost wages will be covered by the insurance company if the laws have been followed correctly.  

Article 51 of the insurance law states that in order to pursue a lawsuit for  personal injury from an automobile accident, you must establish a basic economic loss exceeding $50,000 or have suffered a “serious injury.”  Serious injuries are defined as follows:

  • Death;
  • Dismemberment;
  • Significant disfigurement;
  • A fracture;
  • Loss of a fetus;
  • Permanent loss of the use of a body organ, member, function or system;
  • Permanent consequential limitation of the use of a body organ or member;
  • Significant limitation of the use of a body function or system;
  • A medically determined injury or impairment of a non-permanent nature which prevents the injured party from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety (90) days during the one hundred and eighty days (180) immediately following the occurrence of the injury or impairment.
Need Help?

If you were involved in a motorcycle accident, let us help guide you through the legal process. Contact us now for a free consultation.