Long Island Motorcycle Accident Lawyer

Motorcycle Accident Lawyer Long Island, NY

Motorcycle crashes are not car crashes. The injuries are worse. The legal rules are different. And the bias against riders starts the moment the adjuster opens the file. Insurers assume the motorcyclist was the problem. They look for any reason to shift blame: speed, lane position, experience level. Even when every fact points at the other driver.

New York excludes motorcyclists from the no-fault insurance system entirely. That means no PIP benefits. No automatic coverage for your medical bills while fault gets sorted out. You go straight into a liability claim against the driver who hit you, and the insurance company’s first move is almost always to argue that you were riding too fast, weaving through traffic, or not paying attention. Even when the other driver ran a red light.

At Isaacson, Schiowitz & Korson, LLP, we have been representing accident victims across Nassau County, Suffolk County, and the broader New York area since 1978. We understand the legal framework that applies specifically to motorcycle cases, and we know how to counter the anti-rider tactics that insurers rely on. Every case we take is on contingency. If you need a motorcycle accident lawyer Long Island, NY riders can count on, call us for a free consultation.

What Makes Motorcycle Accident Cases Different Under New York Law

This is the section that most websites skip, and it’s the part that actually matters.

No-fault exclusion. New York’s Comprehensive Motor Vehicle Insurance Reparations Act, the no-fault law, specifically excludes motorcyclists. If you drive a car and get hit, your own insurance pays your medical bills and lost wages through PIP benefits regardless of who caused the crash. Motorcyclists get none of that. Zero. Your recovery depends entirely on proving the other driver was at fault and pursuing their liability insurance. This changes the entire legal strategy from day one.

The helmet defense. New York requires all motorcycle operators and passengers to wear DOT-approved helmets under VTL § 381. If you weren’t wearing one, the defense will argue your head injuries were worse because of your own negligence. Under comparative fault, a jury can reduce your damages by whatever percentage of responsibility they assign to your failure to wear a helmet. That doesn’t bar your claim. But it can reduce it significantly. New York was the first state in the nation to enact a universal motorcycle helmet law, back in 1967. Courts take it seriously.

No lane splitting. New York does not permit lane splitting or lane filtering. If you were riding between lanes of traffic when the crash occurred, the defense will use that as evidence of fault. Even if the other driver changed lanes without looking.

Minimum insurance is low. New York requires motorcycle owners to carry liability coverage of just $25,000 per person, $50,000 per accident for bodily injury, and $10,000 for property damage. Those limits can be exhausted by a single ambulance ride and ER visit. If the at-fault driver’s coverage is similarly minimal, your own uninsured/underinsured motorist coverage, if you carry it, becomes critical. UM/UIM coverage is one of the most important tools in a motorcycle accident case.

The statute of limitations is three years under CPLR § 214. Pure comparative negligence under CPLR § 1411 allows recovery even if you share fault. And because you’re excluded from no-fault, you don’t have to meet the serious injury threshold that car accident victims face. You can pursue full damages from the start.

Why Choose Isaacson, Schiowitz & Korson for Motorcycle Accident Claims?

We Know What Riders Are Up Against

Insurance companies treat motorcyclists differently than other accident victims. The assumption that the rider was at fault, or at least partly at fault, is built into their evaluation process. Countering that bias requires evidence, strategy, and attorneys who have handled these claims before. Our Long Island injury attorneys build motorcycle accident cases with accident reconstruction experts, medical testimony, and the kind of documentation that makes it impossible for the adjuster to dismiss the claim.

Decades of Trial Experience

Martin Schiowitz has tried personal injury cases on Long Island for over 50 years. He co-founded this firm in 1978. J.D. from New York Law School. Admitted in 1973. Peer-selected Super Lawyer, top 5% of attorneys. Member of the NYSTLA and the New York State Academy of Trial Lawyers. Multimillion-dollar verdicts across practice areas. When a case needs to go to trial, Martin has the experience to take it there.

Jeremy Schiowitz spent years working defense before switching to plaintiff work. He knows the tactics insurers use to reduce motorcycle claims because he used to deploy them. Over 16 years litigating. J.D. from Brooklyn Law School. Super Lawyer every year since 2014. Top One Percent, NADC. 10 Best Attorneys in New York, American Institute of Personal Injury Attorneys.

$200 Million in Total Recoveries

Our firm has recovered over $200 million for clients across all practice areas. Motorcycle accident cases can involve substantial damages given the severity of the injuries, even when the at-fault driver’s policy limits are relatively low. We identify every source of coverage including the at-fault driver’s policy, your own UM/UIM policy, and any additional liable parties.

Contingency Fee. No Exceptions.

No retainer. No hourly bill. No invoice unless we win. Our fee is contingency-based, and your consultation is free.

What Our Clients Say

★★★★★

“I couldn’t be more grateful for Jeremy’s exceptional legal expertise. He navigated my personal injury case with precision, dedication, and ultimately secured a favorable outcome. Jeremy’s professionalism, clear communication, and unwavering support made the entire process seamless. I highly recommend his services to anyone in need of a reliable and results-driven lawyer. Thank you Jeremy, for your outstanding service and representation!!” — Mario Finlayson

Read more reviews on our Google Business Profile.

Types of Motorcycle Accident Cases We Handle on Long Island

Long Island’s mix of highways, suburban roads, and beach routes creates a range of crash scenarios for riders. Here are the motorcycle accident cases we handle most often in Nassau and Suffolk Counties:

• Left-turn collisions. The most common motorcycle crash. A driver turning left at an intersection fails to see the oncoming motorcycle and pulls directly into its path. The rider has almost no time to react. These crashes produce severe injuries at relatively low speeds because the motorcycle absorbs the full force of the impact from the side. Liability is usually clear, but the insurer will still try to argue the rider was speeding.
• Rear-end crashes. A distracted or inattentive driver hits a stopped or slowing motorcycle from behind. No crumple zone. No airbag. No seatbelt. The rider is launched off the bike or crushed between vehicles. Traumatic brain injuries and spinal cord damage are common even in crashes at moderate speeds.
• Lane-change sideswipes. A driver merges or changes lanes without checking blind spots. Motorcycles are smaller and harder to see, especially in a driver’s side mirror. The rider gets clipped, loses control, and goes down. These cases often come down to witness testimony and accident reconstruction.
• Door-opening crashes. A parked driver or passenger opens a door into the path of an approaching motorcycle. The rider hits the door, gets thrown from the bike, or swerves into traffic to avoid it. These crashes are more common in Nassau County’s denser commercial areas and village centers.
• Road hazard crashes. Potholes. Gravel on the pavement. Uneven road surfaces. Debris from construction sites. Conditions that a car barely notices can send a motorcycle down instantly. When the hazard results from government negligence in maintaining the road, a claim against the municipality is possible, but the 90-day notice of claim deadline under General Municipal Law § 50-e applies.
• DUI-related motorcycle crashes. A drunk or impaired driver hits a motorcyclist. These cases typically involve stronger liability, higher damages, and in some instances, punitive damages for the driver’s reckless conduct.
• Truck-motorcycle collisions. The size disparity between a commercial truck and a motorcycle is enormous. These crashes are frequently fatal or produce catastrophic injuries. The truck driver’s blind spots, the vehicle’s stopping distance, and the force of impact all contribute to the severity.
• Motorcycle wrongful death. When a motorcycle crash kills the rider, the family has two years to file a wrongful death claim. Damages include lost financial support, funeral expenses, and the loss of the relationship. These cases demand immediate legal action to preserve evidence.

What Damages Can You Recover After a Motorcycle Accident on Long Island?

Because motorcyclists are excluded from no-fault, every dollar of your recovery comes from the liability claim. There’s no PIP safety net. That makes building a complete damages case essential.

Medical expenses are often the largest component. Emergency room. Trauma surgery. Orthopedic specialists. Neurology consultations. Months of physical therapy. Prescription medication. Prosthetics or adaptive equipment if the injuries are permanent. Future medical costs projected by your treating physicians. Motorcycle crash injuries tend to be severe: road rash that requires skin grafts, fractured bones, torn ligaments, shattered joints, spinal injuries. If you were hit by an Uber or Lyft driver while on your motorcycle, the rideshare company’s $1.25 million TNC policy may apply during an active trip.

Lost income. Time away from work during recovery. Diminished earning capacity if the injuries prevent you from returning to your prior job. If you’re self-employed, the calculation requires documentation of your income history and the projected impact on your business.

Non-economic damages. Pain and suffering. The anxiety of getting back on the road. Permanent scarring from road rash that covers an arm or a leg. The loss of mobility that changes your daily routine. The relationships strained by chronic pain and disability. The recreational activities you can no longer enjoy. Riders who loved the freedom of the open road and may never be able to ride again face a particular kind of loss that juries understand. New York does not cap non-economic damages, and in serious motorcycle cases these damages can be the largest part of the total recovery.

Medical liens and subrogation can complicate the recovery. Health insurers and Medicare/Medicaid may claim a portion of your settlement to reimburse what they paid for your treatment. An experienced attorney negotiates those liens down to protect more of the recovery for you.

What to Do After a Motorcycle Accident on Long Island

1. Call 911 and get a police report. The report documents the scene, the vehicles, the conditions, and the officer’s preliminary observations. It’s foundational evidence.
2. Get medical attention immediately. Adrenaline masks injuries. Internal bleeding, concussions, and fractures don’t always present immediately. The medical record that connects your injuries to this crash starts at the ER.
3. Document everything at the scene. Photograph the motorcycle, the other vehicle, the road surface, debris, skid marks, traffic signals, and your injuries. If you can, capture the other driver’s license plate, insurance card, and contact information.
4. Collect witness information. Witnesses who saw the other driver run a light, fail to yield, or change lanes without looking are critical in motorcycle cases where the insurer will try to blame the rider.
5. Don’t give a recorded statement. The other driver’s insurer will call. They’ll ask questions designed to get you to admit partial fault. Don’t speak with them until you’ve consulted an attorney.
6. Preserve your gear. Your helmet, jacket, gloves, and boots may be evidence. Don’t throw them away or repair them. Helmet damage, in particular, can demonstrate the force of impact.
7. Contact a motorcycle accident lawyer. A Long Island motorcycle accident attorney can preserve evidence, identify all insurance sources including your own UM/UIM coverage, and build the liability case while you focus on recovering.

Motorcycle Accident Statistics on Long Island

Motorcyclists are disproportionately represented in traffic fatalities. According to the NHTSA, motorcyclists accounted for 14% of all traffic fatalities in 2022 despite representing only about 3% of registered vehicles. Per vehicle mile traveled, motorcyclists are roughly 24 times more likely to die in a crash than passenger car occupants. The NHTSA crash data portal shows that other vehicles were at fault in the majority of multi-vehicle motorcycle fatalities.

The NYS Comptroller’s office reported a 25.8% increase in motor vehicle fatalities statewide between 2019 and 2022. Suffolk County recorded 164 traffic deaths in 2022 and Nassau County had 81. Motorcycle crashes accounted for a significant share of those fatalities. Long Island’s roads, including Sunrise Highway, the Northern State Parkway, Montauk Highway, and Route 25A, see heavy motorcycle use during riding season from April through October.

The CDC identifies motorcycle crashes as one of the leading causes of traumatic brain injury in the United States. Helmet use reduces the risk of death by 37% and the risk of head injury by 69%, according to federal safety data. New York’s universal helmet law helps, but it doesn’t eliminate the risk. And it doesn’t protect against the spinal cord injuries, fractures, and internal organ damage that helmets can’t prevent.

One pattern our attorneys see repeatedly on Long Island involves intersections. The IIHS has documented that a large proportion of fatal motorcycle crashes occur at intersections, where left-turning vehicles fail to yield to oncoming motorcycles. Nassau County’s dense network of signalized intersections along routes like Hempstead Turnpike, Jericho Turnpike, and Merrick Road creates particularly dangerous conditions for riders during rush hour and weekend traffic.

Motorcycle Accident Lawyer Long Island FAQs

Why are motorcyclists excluded from no-fault?

New York’s no-fault law, the Comprehensive Motor Vehicle Insurance Reparations Act, specifically excludes motorcycles from the definition of “motor vehicle” for PIP purposes. The legislative reasoning was that motorcycles pose different risks. Whatever the rationale, the practical effect is that injured riders get no automatic medical coverage and must pursue the at-fault driver directly from the start.

What if I wasn’t wearing a helmet?

Not wearing a helmet violates VTL § 381 and gives the defense a comparative fault argument. A jury can reduce your damages by whatever percentage of fault they assign to your helmet non-use, but only for head and neck injuries that the helmet would have prevented. It doesn’t bar your claim, and it doesn’t affect damages for injuries to other parts of your body.

Can I recover if I was partly at fault?

Yes. New York’s pure comparative negligence system allows recovery even if you were mostly at fault. At 70% fault, you recover 30% of your damages. The system doesn’t cut you off at any threshold. That matters for riders because insurer bias routinely inflates the rider’s perceived fault.

What insurance covers my injuries?

The at-fault driver’s liability policy is the primary source. If that driver is uninsured or underinsured, your own UM/UIM coverage applies. If you were hit by a hit-and-run driver, UM coverage is your main recourse. Health insurance covers your medical treatment but may seek reimbursement from your settlement through subrogation.

What is the serious injury threshold?

It’s the standard car accident victims must meet to escape no-fault and sue for pain and suffering. Motorcyclists don’t have to meet it. Because you’re excluded from no-fault, you can pursue full damages including pain and suffering from the outset. That’s one advantage of the exclusion.

Is lane splitting legal in New York?

No. Riding between lanes of traffic is illegal in New York. If you were lane splitting when the crash occurred, the defense will use it as evidence of comparative fault. It won’t bar your claim entirely, but it will likely reduce your recovery.

What injuries are most common in motorcycle crashes?

Road rash ranging from mild abrasion to full-thickness skin loss requiring grafts. Fractures of the tibia, femur, pelvis, wrists, and collarbones. Traumatic brain injuries. Spinal cord injuries. Torn rotator cuffs and ACLs. Internal organ damage. Traumatic amputations in the worst cases.

What if the road condition caused the crash?

If a pothole, debris, or defective road surface caused you to lose control, the municipality responsible for maintaining that road may be liable. But the 90-day notice of claim deadline under General Municipal Law § 50-e is strict. Miss it and you likely lose the right to sue the government entity.

How long do I have to file?

Three years for personal injury. Two years for wrongful death. Ninety days for a notice of claim against a government entity. The sooner you contact an attorney, the better your chances of preserving the evidence that makes your case.

What if a motorcycle defect caused the crash?

If a mechanical failure like a brake defect, throttle malfunction, or tire blowout caused or contributed to the crash, the manufacturer may be liable under product liability theory. These claims can be pursued alongside a negligence claim against the other driver. Preserving the motorcycle and the defective component is essential evidence.

How much does a motorcycle accident lawyer cost?

Nothing unless we win. Contingency fee. No upfront cost. No hourly rate. The fee comes from the recovery.

Local Resources for Motorcycle Accident Victims on Long Island

The following resources may be helpful after a motorcycle crash on Long Island. Inclusion does not constitute an endorsement by Isaacson, Schiowitz & Korson, LLP.

• Nassau County Police — (516) 573-7000
• Suffolk County Police — (631) 852-6000
• NY DMV Motorcycle Info — Registration, licensing, and safety requirements
• NYU Langone–Long Island (Level 1 Trauma, Mineola) — (516) 663-0333
• Stony Brook University Hospital (Level 1 Trauma, Stony Brook) — (631) 444-4000
• New York State Courts — Nassau and Suffolk County Supreme Courts

Contact Isaacson, Schiowitz & Korson

The insurance company is already building its case against you. They’ve assigned an adjuster. They’re looking for reasons to blame the rider. Don’t let them control the narrative. We have been fighting for injured people on Long Island for over four decades, and we take the anti-rider bias personally. Free consultation. Contingency fee. We move fast on motorcycle cases because the evidence and the bias both work against you if you wait. Reach out now.