Brooklyn Motorcycle Accident Lawyer

Here is something most injured riders never know until it is too late: under New York’s no-fault insurance system, motorcyclists are explicitly excluded from Personal Injury Protection (PIP) coverage. That means every other driver in New York gets automatic medical benefits after a crash, but if you were on a motorcycle, you do not. You must pursue compensation through a direct liability claim against the at-fault driver from day one, with no safety net beneath you. That single legal distinction changes everything about how your case must be built. If you were hurt in a collision, working with a Brooklyn motorcycle accident lawyer who understands this exclusion, and how to use it strategically, is the foundation of any serious recovery effort.

Why Motorcycle Cases Are Different From Every Other Vehicle Accident

Motorcycles occupy a unique and often disadvantageous position in civil litigation. Jurors, insurance adjusters, and even judges carry subconscious assumptions about riders. The bias is well-documented: motorcyclists are frequently characterized as reckless before a single fact is examined. Insurance companies know this. Their adjusters are trained to use it. They will look for lane-splitting behavior, helmet use, prior traffic violations, anything they can introduce to shift blame onto the rider and reduce the payout they owe.

New York follows a pure comparative negligence rule, which means that even if you were partially at fault for a crash, you can still recover damages. But your award is reduced by your percentage of fault. If an insurer can convince a jury you were 40% responsible, your compensation drops by 40%. That is why the way your attorney frames the evidence, the sequence in which witnesses are interviewed, and how quickly the accident scene is documented matters so much. A delay of even a few days can cost you the skid mark measurements, surveillance footage that gets recorded over, and witness memories that fade.

At Cohan Law Firm, we have handled motorcycle accident claims throughout New York City and we understand exactly how these bias-laden defenses are constructed. We dismantle them early, before they gain traction with an insurance carrier or a jury pool.

How an Attorney Builds a Strong Motorcycle Accident Case in Brooklyn

The foundation of a compelling motorcycle injury claim is evidence gathered before the other side can shape the narrative. Our team moves quickly after being retained. We request traffic camera footage from the New York City Department of Transportation, which operates cameras at dozens of major intersections throughout Brooklyn, including along Flatbush Avenue, Atlantic Avenue, and the approach roads near the Brooklyn Bridge. That footage is time-sensitive. We also preserve data from any vehicles equipped with event data recorders, which can confirm speed, braking behavior, and steering inputs in the seconds before impact.

We work with accident reconstruction specialists when the facts are disputed. These experts can analyze crush damage, point of impact, road geometry, and final resting positions to produce a scientifically grounded picture of how the crash occurred. This kind of expert testimony is particularly important in intersection accidents, which represent a disproportionate share of motorcycle fatalities in urban settings. According to the most recent available data from the New York State Department of Motor Vehicles, intersections remain among the highest-risk locations for fatal motorcycle crashes statewide.

Medical documentation is equally critical. Motorcyclists sustain serious injuries at rates far higher than passenger vehicle occupants because there is no structural protection between the rider and the road. Road rash, traumatic brain injuries even when a helmet is worn, spinal fractures, and limb amputations are all injuries we have seen in our Brooklyn cases. We work with your treating physicians and, when necessary, independent medical experts to connect your injuries directly to the crash, not to any pre-existing conditions the defense will inevitably try to exploit.

Common Causes of Motorcycle Crashes on Brooklyn Roads

Brooklyn’s road network creates specific hazard patterns for riders. The borough is crisscrossed by streets that carry enormous daily traffic volume. Ocean Parkway, Eastern Parkway, and Linden Boulevard all see frequent conflicts between motorcycles and passenger vehicles, particularly during lane changes and left-turn maneuvers. Left-turn crashes, where a driver turns across the path of an oncoming motorcycle, are consistently among the most deadly collision types for riders. The at-fault driver frequently claims they “never saw” the motorcycle, which is not a legal defense but is a narrative the defense will push hard.

Dooring accidents, where a parked driver swings open a car door directly into a cyclist or motorcyclist, are a serious hazard in densely parked neighborhoods like Park Slope, Crown Heights, and Carroll Gardens. Under New York Vehicle and Traffic Law, drivers are required to check for approaching traffic before opening a door into a lane, and violations of that duty create a clear basis for liability. Pothole and road defect claims add another dimension. Brooklyn streets carry some of the heaviest vehicle loads in the country, and pavement defects that would merely damage a car tire can launch a motorcycle out of control entirely.

Drunk and distracted driving remain persistent problems as well. We handle claims involving drivers who were under the influence of alcohol or drugs, texting behind the wheel, or running red lights at intersections. Each of these scenarios involves different evidence strategies, different potential defendants, and in some drunk driving cases, the possibility of punitive damages beyond standard compensatory recovery.

What Compensation Can a Motorcycle Accident Victim Recover

Because motorcyclists are excluded from the no-fault system, a successful liability claim can address the full range of your economic and non-economic losses. Economic damages include all past and future medical expenses, from emergency trauma care through long-term rehabilitation, lost wages during your recovery, and diminished earning capacity if your injuries affect your ability to work in your field. These numbers can be substantial. A single hospitalization following a serious motorcycle crash can generate medical bills exceeding six figures, and that is before accounting for ongoing physical therapy, surgical follow-ups, or adaptive equipment.

Non-economic damages, meaning compensation for pain and suffering, loss of enjoyment of life, and emotional distress, are equally recoverable and often represent the largest portion of a motorcycle accident settlement or verdict. New York does not cap these damages in personal injury cases, which means the strength of how your attorney presents your human experience matters just as much as the medical records. Cohan Law Firm has recovered over $100 million for accident victims across New York City, and we bring that same commitment to every motorcycle case we take on.

If you were riding with a passenger and that passenger was also injured, they may have separate claims of their own. If a defective motorcycle part contributed to your injuries, a product liability claim against the manufacturer may run alongside your negligence claim against the at-fault driver. Our attorneys assess every possible avenue of recovery from the beginning.

Brooklyn Motorcycle Accident FAQs

Can I still recover compensation if I was not wearing a helmet at the time of the crash?

New York law requires motorcycle operators and passengers to wear helmets, and the defense will argue that your failure to do so contributed to your head or brain injuries. However, comparative negligence means you can still recover damages even if you were not helmeted. Your compensation may be reduced to reflect your share of fault for the injury, but you are not automatically barred from recovery. This is a nuanced argument that requires careful handling by an experienced attorney.

How long do I have to file a motorcycle accident lawsuit in New York?

The general statute of limitations for personal injury claims in New York is three years from the date of the accident. However, if your case involves a city vehicle, a pothole, or a dangerous road condition maintained by a government agency, the deadline to file a notice of claim is 90 days from the incident. Missing that window can eliminate your claim entirely. Do not wait to consult with an attorney.

What if the driver who hit me was uninsured or fled the scene?

Hit-and-run crashes and uninsured motorist claims are handled through the Motor Vehicle Accident Indemnification Corporation (MVAIC) in New York, as well as through any uninsured motorist coverage you may carry on your own motorcycle policy. These claims have their own procedural requirements and deadlines that differ from standard liability claims. Our firm handles uninsured and hit-and-run cases regularly.

Will my case go to trial?

The vast majority of motorcycle accident cases resolve through negotiated settlements. However, Cohan Law Firm prepares every case as if it will go to trial, because insurance companies pay more when they believe the opposing attorney is genuinely prepared to present to a jury. If a fair settlement cannot be reached, we do not hesitate to take your case to the Kings County Supreme Court.

How soon after the accident should I contact a lawyer?

As soon as possible. Evidence disappears quickly. Surveillance systems overwrite footage, witnesses move or forget details, and vehicles get repaired before anyone documents the damage. The earlier our team gets involved, the stronger the foundation we can build for your claim.

What does it cost to hire Cohan Law Firm for a motorcycle accident case?

Nothing upfront. We work on a contingency fee basis, which means you pay no attorney fees unless we win your case. Our initial consultation is free and confidential. There is no financial risk in reaching out to us.

Serving Throughout Brooklyn and the Greater New York Area

Cohan Law Firm represents motorcycle accident victims throughout Brooklyn and the surrounding boroughs. We serve clients across neighborhoods including Bay Ridge, Flatbush, Bed-Stuy, Bushwick, Sunset Park, Borough Park, Williamsburg, and Canarsie, as well as communities near Prospect Park, Coney Island, and the industrial corridors along the waterfront. Our reach extends into Manhattan, the Bronx, and Queens, as well as Long Island for riders whose accidents occurred near the borough boundaries or on connecting highways like the Belt Parkway and the Brooklyn-Queens Expressway. No matter where in the metro area your crash took place, we will travel to you, gather what we need, and build your case from the ground up.

Contact a Brooklyn Motorcycle Injury Attorney Today

You have already been through enough. A serious motorcycle crash can leave you dealing with physical pain, mounting medical debt, time away from work, and an insurance company that is already building its case against you. Cohan Law Firm has spent years fighting for riders in situations just like yours, recovering millions on behalf of clients who were told their cases were too complicated or their injuries too hard to prove. Our Brooklyn motorcycle injury attorney team is ready to step in, take the pressure off your shoulders, and pursue the full compensation you have earned. Contact us today for your free, confidential consultation. We call you. We keep you informed. And we do not stop fighting until your case is resolved.