Frequently asked questions
What type of lawyer handles motorcycle accident cases on Long Island?
A personal injury attorney with motorcycle accident experience. Unlike car accident cases, NY no-fault insurance does not cover motorcyclists, which means your attorney must pursue a third-party negligence claim directly against the at-fault driver or their insurer. Look for a lawyer familiar with Nassau and Suffolk County courts and NY motorcycle liability laws.
Can I sue the other driver after a motorcycle accident in New York?
Yes. Because motorcycles are excluded from New York's no-fault system under Insurance Law § 5202, riders can sue at-fault drivers for pain and suffering, lost wages, and medical expenses without meeting the serious injury threshold that applies to car accident victims. An experienced personal injury attorney will build your negligence claim and negotiate with the at-fault driver's insurer.
How long do I have to file a motorcycle accident lawsuit in New York?
Three years from the date of the accident under CPLR § 214. Missing this deadline typically bars your claim entirely. If a government vehicle or road defect contributed to the crash, you may need to file a Notice of Claim within 90 days, making it critical to consult an attorney as soon as possible after the accident.
What should I look for when choosing a motorcycle accident lawyer on Long Island?
Look for a personal injury attorney with a specific track record in motorcycle cases, not just general auto accidents. Motorcycle claims involve unique issues: helmet use (NY requires helmets under VTL § 381), lane splitting rules, and jury bias against riders. A lawyer who regularly handles these cases on Long Island will understand local court dynamics and how to counter insurer arguments that blame the rider.