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Motorcycle Accidents

A Motorcycle Accident Attorney Who Fights For You

Motorcycle accidents occur with devastating frequency across New York and Florida, often resulting in huge consequences. In Florida, which consistently ranks as the nation’s deadliest state for riders, approximately 9,500 motorcycle crashes are reported annually. New York similarly faces significant numbers, with over 130 fatalities and thousands of serious injuries recorded in 2025 alone. For injured persons  and their loved ones, these incidents are not just statistics; they represent a sudden transition to a reality defined by intensive medical treatments and financial instability.

Navigating a motorcycle accident claim presents unique hurdles. Riders often face a “motorcycle bias” from insurance adjusters who may unfairly assume the motorcyclist was reckless. Furthermore, proving liability in these cases requires technical reconstruction, as motorists frequently claim they “never saw” the smaller vehicle.

At HL Law Group, we help the injured overcome these prejudices to seek full compensation for medical expenses, specialized rehabilitation, and lost earning capacity. Our team understands the nuances of New York and Florida traffic laws, ensuring that the evidence—from helmet impact analysis to road friction data—is meticulously preserved. If you have been harmed in a motorcycle accident, a motorcycle accident attorney from our firm will provide the rigorous advocacy needed to protect your future.

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Understanding The Insurance “Gap”

The most important thing to consider when thinking of filing a motorcycle accident claim is that neither Florida nor New York provides automatic medical coverage for bikers.

  • New York: Motorcyclists are explicitly excluded from No-Fault (PIP) coverage. While car drivers get $50,000 in medical/wage benefits regardless of fault, a biker in NYC must typically sue the at-fault driver to pay for their first dollar of medical care.
  • Florida: Motorcyclists are not required to carry PIP insurance to register a bike. This means if a biker is hit, they cannot rely on the “14-day rule” benefits that car drivers have. They must rely on their own optional medical payments (MedPay) coverage or pursue the at-fault driver immediately.

Common Injuries in Motorcycle Accident Cases

Motorcycle accidents often result in severe trauma because riders lack the enclosed protection of a passenger vehicle. When filing a motorcycle accident claim, the recovery process usually involves addressing multiple, complex physical injuries that require specialized care.

These injuries include:

  • Road Rash: Severe skin abrasions caused by sliding across pavement, which can lead to permanent scarring or infections.
  • Traumatic Brain Injuries: Concussions or permanent cognitive impairments that can occur even if a helmet is worn.
  • Fractures and “Biker’s Arm”: Broken bones in the wrists, arms, and legs, including nerve damage caused by the instinct to break a fall.
  • Spinal Cord Trauma: Nerve damage or paralysis resulting from the high-velocity impact typical of these collisions.
  • Lower Extremity Injuries: Crushing injuries to the feet and ankles are often sustained when the motorcycle falls onto the rider.

The long-term costs of rehabilitation and surgery after a motorcycle crash are substantial. By hiring an experienced motorcycle accident attorney, your medical needs are fully documented and compensated.

Who May Be Held Liable in a Motorcycle Accident?

Determining liability in a motorcycle accident claim involves identifying all parties whose negligence contributed to the collision. In these cases, multiple factors often intersect, so a thorough investigation is required to ensure accountability.

Potential liable parties often include:

  • Other Motorists: Drivers who fail to check blind spots, yield the right-of-way, or follow traffic signals.
  • Government Entities: Municipalities are responsible for hazardous road conditions, such as potholes, poor drainage, or inadequate signage
  • Manufacturers: Companies that produce defective motorcycle components, such as faulty braking systems or compromised tires.
  • Commercial Employers: If a professional driver caused the crash, their employer may be vicariously liable for the damages.
  • Repair Shops: Mechanics whose negligent maintenance or improper repairs led to a mechanical failure.

Identifying all responsible entities is essential to maximizing recovery. Consulting a motorcycle accident attorney can help you better navigate the complex evidence needed to hold these diverse parties accountable.

Proving Liability in Motorcycle Accident Cases

Establishing fault in a motorcycle accident claim requires a rigorous demonstration of negligence. Unlike in passenger vehicle accidents, motorcyclists often face “biker bias,” in which insurers may unfairly assume the rider was reckless.

To overcome this, a claimant must prove four legal elements:

  • The defendant owed a duty of care,
  • They breached that duty (e.g., through a distracted left-hand turn or an unsafe lane change),
  • This breach directly caused the collision, and
  • The rider suffered actual damages.

Evidence is the primary tool for countering claims of comparative negligence. In states like Florida and New York, police reports, dashcam footage, and GoPro recordings from helmet cameras provide objective proof of a motorist’s failure to yield. Expert testimony from accident reconstructionists is also frequently used to analyze skid marks and vehicle rest positions.

Because physical evidence at a scene can disappear quickly, many riders consult a motorcycle accident attorney to immediately preserve vital evidence. Successfully proving liability ensures that the rider is not left to cover the high costs of “road rash,” fractures, or long-term rehabilitation alone.

Challenges Faced by Claimants

Claimants and their motorcycle accident lawyer must often overcome the unfair assumption, made by insurance adjusters and juries alike, that motorcyclists are inherently reckless. Here are some state-specific challenges you may face.

Florida

  • The Helmet Defense: Riders over 21 may ride without a helmet if they have $10,000 in medical benefits. However, an insurer may still try to reduce your compensation by arguing that failing to wear a helmet contributed to the severity of your head injuries.
  • Vanishing Evidence: Because motorcycles are small, skid marks and debris can be cleared quickly, making accident reconstruction difficult.

New York

  • “Biker Bias”: Insurance adjusters frequently use this stereotype to shift more blame onto the rider.
  • The Universal Helmet Law: New York requires all riders to wear a DOT-approved helmet. While failing to wear one does not bar you from suing, it can be used to reduce your damages if it is proven that your head injuries would have been less severe with a helmet.
  • Urban Road Defects: NYC’s infrastructure, including steel plates, potholes, and slick manhole covers, frequently causes “single-vehicle” crashes. Proving municipal liability for these defects requires immediate evidence gathering.

The Crucial Role of a Motorcycle Accident Attorney

Successfully navigating a motorcycle accident claim requires specialized legal knowledge to overcome common biases against riders. A personal injury attorney manages the complex investigative and procedural requirements of the case to ensure the injured party is treated fairly.

At HL Law Group, we help you overcome the challenges of proving your claim through:

  • Accident Reconstruction: Working with experts to analyze skid marks and vehicle damage to prove the other driver’s negligence.
  • Countering “Biker Bias”: Presenting factual evidence to prevent insurance companies from unfairly blaming the motorcyclist for the collision.
  • Valuing Specialized Damages: Calculating costs for unique injuries like “road rash” or long-term orthopedic rehabilitation.
  • Negotiating with Insurers: Handling all communication to protect the claimant from low-ball settlement offers.

We also ensure that you meet strict filing deadlines. Failing to do so will result in the permanent loss of your right to seek compensation. Time is a critical factor in motorcycle claims. Following the 2023 tort reform, the deadline to file a negligence lawsuit in Florida was reduced from four years to two years.

In New York, you generally have three years from the date of the accident to file a lawsuit. If your accident involved an MTA bus, an NYPD vehicle, or a poorly maintained city street, you must file a Notice of Claim within 90 days. If a loved one was killed in a crash, the estate has two years from the date of death to take legal action.

Because the stakes are high, it is wise to hire a motorcycle accident attorney to secure the technical evidence needed to hold the responsible parties accountable.

Securing Your Recovery After a Motorcycle Accident

The aftermath of a motorcycle crash is often more than a physical recovery; it is a battle against “biker bias” and a complex insurance system that frequently excludes riders from standard no-fault benefits. Unlike passenger vehicle occupants, motorcyclists in states like New York and Florida often face a “PIP gap,” making the pursuit of a fault-based claim essential for covering medical expenses and lost wages.

Effectively navigating these hurdles requires a deep understanding of specific state statutes and the ability to preserve critical evidence, from GoPro footage to accident reconstruction data. You do not have to confront insurance adjusters or navigate these legal complexities alone while focusing on your health.

Take the first step toward justice today. Contact a motorcycle accident lawyer for a free, no-obligation case evaluation. Our team is dedicated to protecting the rights of riders and ensuring you receive the full compensation you deserve.

Call us at (866) 673-5553 or email [email protected] for inquiries. Let us handle the legal burden so you can focus on getting back on the road.

If you have a question about your insurance claim, relating to the coverage you have or about information you received from your insurance carrier, feel free to call our office and speak with one of our attorneys. More than a law firm, HL Law Group is a legal resource for its clients.

Schedule a free case evaluation