Queens Motorcycle Accident Attorney

Motorcycle accidents can result in serious and life-threatening injuries in areas throughout Queens, from high-speed collisions on the BQE to crashes that occur on local streets in Elmhurst, Jackson Heights, Flushing, Sunnyside, Ridgewood, and other neighborhoods in the borough. There are many different causes of motorcycle accidents, and in many cases, another motorist is responsible as a result of negligent driving. While motorcyclists in Queens must follow the same rules of the road as other motorists, it is critical to understand that motorcyclists do not always have the same protections as other drivers on the road. If you were injured in a motorcycle accident, it is critical to seek advice from a Queens motorcycle accident attorney as soon as possible.

Learning More About Motorcycle Accidents in Queens

Motorcyclists are seriously injured and killed in crashes at a high rate. Indeed, according to the National Highway Traffic Safety Administration (NHTSA), there were more than 5,000 motorcycle fatalities in 2019, and many of those crashes resulted from negligence. Given that motorcyclists in Queens do not have the same physical protections as a vehicle occupation, they often suffer more serious and debilitating injuries.

Common Causes of Queens Motorcycle Crashes

There are many different causes of motorcycle accidents in Queens. Depending upon how and where the collision occurred, it may be possible to file a motorcycle accident lawsuit in order to seek financial compensation for losses. Some of the most common causes of Queens motorcycle crashes include but are not limited to the following:

• Speeding, including a motorist or a motorcyclist who travels at speeds beyond the posted speed limit or at speeds that are too dangerous given the road conditions;
• Alcohol or drug use, including intoxicated driving by the motorcyclist or another motorist;
• Distracted driving or distracted riding;
• Mechanical problems or product defects;
• Inclement weather;
• Dangerous road conditions;
• Motorists following motorcyclists too closely;
• Motorists changing lanes when a motorcyclist is in the blind spot; and
• Motorists making left-hand turns.

Who is Liable for a Motorcycle Accident in Queens?

Depending upon the specific facts of your case, one or more parties may be liable for your injuries in a motorcycle accident, such as:

• Driver of another vehicle;
• Truck driver;
• Owner of the premises where the accident occurred;
• Mechanic who serviced or repaired the motorcycle or another vehicle involved in the collision; or
• Maker of a defective motorcycle or automobile part.

Inapplicability of New York No-Fault Insurance in Motorcycle Accident Cases

While New York is a no-fault state when it comes to auto insurance and motor vehicle accident claims, it is important to know that motorcyclists are excluded from New York no-fault insurance benefits. What do we mean by this? In short, as a no-fault state, motorists in New York who are injured in motor vehicle accidents must start the process of filing a claim for financial compensation by filing an insurance claim through their own personal injury protection (PIP) coverage, which is also known more colloquially as no-fault coverage. Then, if the motorist cannot obtain full compensation through the insurance claim, that motorist may be eligible to file a lawsuit against the party who bears responsibility for the accident.

Yet no-fault insurance requirements in New York do not extend to motorcyclists. As the New York State Department of Financial Services explains, “if you are the operator or passenger of a motorcycle involved in an accident, you are excluded from No-Fault benefits.” What this means is that, as an injured motorcyclist injured in a collision, you are not eligible to obtain compensation through the same no-fault insurance as other motorists. However, it also means that you do not have to prove that you are eligible to file a lawsuit by meeting the serious injury threshold as other motorists must do. Instead, you can seek advice from a Queens motorcycle accident lawyer about filing a claim.

Statute of Limitations for a Queens Motorcycle Collision Claim

If you were injured in a motorcycle accident and want to file a lawsuit against the at-fault party, how long do you have to file a claim? Under New York’s personal injury law statute of limitations, you will most likely have three years from the date of the motorcycle accident to file your claim.