How Do I Prove Negligence After a Motorcycle Accident in New York?

If you want to recover compensation from someone other than your insurance company, you have to prove that the person is at negligence for causing the motorcycle accident. In legal terms, you will have to show that their carelessness was responsible for the crash. If your motorcycle accident occurred in New York, then you'll need to fulfill these four elements of proving negligence: A duty of care existed A breach of that duty Causation Damages By examining the particulars of your Brooklyn motorcycle accident, we can do this. To support your personal injury claim, we'll collect pieces of evidence like accident reports, video footage, and witness statements. In other instances, to learn more about what probably caused the accident, we’ll hire experts who specialize in reconstructing accidents. Our team of Brooklyn motorcycle accident attorneys have the experience and legal resources needed to secure the justice and compensation you deserve after an irresponsible accident.

How Much Money Can I Get From A Motorcycle Accident In Brooklyn?

In most cases, you can recover the following damages in a Brooklyn motorcycle accident lawsuit, depending on the type and severity of your injuries and losses, and who is legally responsible for paying them: Your medical expenses—including both your out of pocket costs and what your health insurance company pays—for items such as emergency care, hospitalization, long-term care, doctor visits, medicine, and medical equipment The other costs related to your accident, such as fixing or replacing your motorcycle, or paying someone to do responsibilities for you while you're recovering Missed work and medical bills can put a serious dent in anyone's finances, let alone if you're disabled from your injuries Compensation for the physical and emotional anguish you have experienced as a result of the accident Punitive damages may be appropriate when the crash happened due to someone's outrageous or reckless actions

Brooklyn Motorcycle Accident Lawyers

Injured In An Accident?

Call Rosenberg & Rodriguez, PLLC

(866) 367-8257

Motorcycle Accident Lawyer Brooklyn, NY

Our Brooklyn, NY motorcycle accident lawyer is here to help injured motorcyclists. At Rosenberg & Rodriguez Personal Injury Lawyers, we’ve recovered an $875,000 settlement in a difficult liability case, jury verdicts of $815,000 and $760,000, and a $750,000 truck accident settlement. We’ve helped our clients recover millions of dollars from insurance companies that tried to blame the victim instead of paying fair compensation.

Why Choose Rosenberg & Rodriguez Personal Injury Lawyers for Motorcycle Accident Cases in Brooklyn, NY?

We Overcome the Bias Against Riders

Insurance adjusters assume motorcyclists are reckless. They argue you were speeding, weaving through traffic, or taking unnecessary risks. They use stereotypes instead of evidence.

We know how to defeat these tactics. We gather police reports, witness statements, and traffic camera footage that proves what actually happened. We work with accident reconstructionists when needed. We show juries that our clients were responsible riders injured by negligent drivers.

Our results prove we can win:

• $875,000 settlement in a high-risk liability case

• $815,000 jury verdict

• $760,000 jury verdict

• $750,000 truck accident settlement

• $550,000 rear-end accident settlement

• $500,000 auto accident settlement

If you need a personal injury attorney in Brooklyn, NY, our track record demonstrates what we accomplish for accident victims.

Ivan Rodriguez: 25 Years Fighting for the Injured

Ivan Rodriguez has practiced personal injury law in New York for 25 years. He has tried motorcycle accident cases in both State and Federal Courts, winning verdicts when insurance companies refused to offer fair settlements.

He understands the unique challenges motorcyclists face in pursuing injury claims. Insurance companies defend these cases aggressively because they know juries sometimes harbor bias against riders. Ivan knows how to select fair juries and present evidence that overcomes those prejudices.

Laura Rosenberg: Super Lawyer Recognition

Laura Rosenberg has been licensed in New York and New Jersey since 2001. Super Lawyers has recognized her every year from 2019 through 2026, placing her among the top 5% of attorneys.

She is a member of the Brooklyn Women’s Bar Association, the New York State Bar Association, and the New York State Trial Lawyers Association. She also advises the Freeport High School Moot Court Team.

Contingency Fee Representation

You pay nothing upfront. We advance all costs and only collect a fee if we recover compensation for you. Motorcycle accident cases often require accident reconstruction, medical experts, and extensive investigation. We cover those expenses and only get paid when you win.

What Our Clients Say

⭐⭐⭐⭐⭐

“I was in a serious motorcycle accident and the other driver’s insurance company blamed me for everything. Rosenberg & Rodriguez Personal Injury Lawyers investigated the accident, found witnesses, and proved the other driver ran a red light. They got me a settlement that paid for my surgeries and lost wages. I couldn’t have done it without them.” – Breymy Kedesna

Read more reviews on our Google Business Profile.

Types of Motorcycle Accident Cases We Handle in Brooklyn, NY

Motorcycle crashes occur throughout Brooklyn’s busy streets and highways. We handle all types of motorcycle collision claims.

Left-turn accidents. Drivers turning left across traffic misjudge motorcycle speed and distance. These collisions are among the most common and most dangerous for riders.
Lane-change crashes. Drivers who fail to check blind spots or mirrors strike motorcyclists traveling in adjacent lanes.
Rear-end collisions. Distracted drivers strike motorcycles from behind at intersections and in stop-and-go traffic. Without a protective frame, riders suffer severe injuries.
Dooring accidents. Parked drivers and passengers open doors into traffic without looking. Motorcyclists have no time to react when a door suddenly appears.
Truck accidents. Commercial vehicles have massive blind spots. Motorcyclists struck by trucks suffer catastrophic injuries due to the size difference.
Uber accidents. Uber and Lyft drivers stopping suddenly, making U-turns, or pulling into traffic create constant hazards for motorcyclists.
Intersection crashes. Drivers who run red lights or fail to yield cause devastating collisions at Brooklyn intersections.
Road hazard accidents. Potholes, loose gravel, uneven pavement, and debris cause motorcyclists to lose control. When road conditions cause crashes, government entities or construction companies may be liable.
Hit and run crashes. When drivers flee after striking motorcyclists, we work with police and witnesses to identify them. We also pursue claims through uninsured motorist coverage.

New York Legal Requirements for Motorcycle Accident Cases

Motorcycle accidents involve different rules than car crashes. Understanding these laws helps protect your claim.

No-Fault Insurance Doesn’t Apply

Unlike car accidents, New York’s no-fault insurance system does not apply to motorcycles. Motorcyclists cannot purchase Personal Injury Protection (PIP) coverage for themselves under New York Insurance Law.

This means you can sue the at-fault driver immediately without meeting a “serious injury” threshold. However, it also means you don’t have automatic medical payment coverage. You must pursue compensation from the negligent driver’s insurance or your own health insurance.

Required Insurance Coverage

New York requires motorcycles to carry liability insurance. The New York DMV requires minimum coverage of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $10,000 for property damage.

These minimums are dangerously low for serious motorcycle accidents. We recommend riders carry uninsured/underinsured motorist coverage to protect themselves when at-fault drivers lack adequate insurance.

Helmet Laws

New York requires all motorcyclists and passengers to wear DOT-approved helmets. Insurance companies sometimes argue that riders who weren’t wearing helmets or were wearing non-compliant helmets contributed to their own injuries. We counter these arguments with medical evidence about the actual cause of injuries.

Statute of Limitations

New York’s statute of limitations gives you three years to file a motorcycle accident lawsuit. For claims against government entities, such as crashes caused by road defects, you must file a notice of claim within 90 days.

Comparative Fault

New York follows pure comparative negligence rules. Insurance companies frequently argue that motorcyclists were speeding, lane splitting, or riding recklessly. Even if you share some fault, you can still recover damages reduced by your percentage of responsibility.

What Damages Can You Recover in a Brooklyn, NY Motorcycle Accident?

Motorcycle accidents cause severe injuries because riders have no protection from impact. Compensation in these cases can be substantial.

Economic Damages

These cover your measurable financial losses:

• Emergency room visits, trauma surgery, and ICU stays

• Multiple surgeries for fractures and internal injuries

• Skin grafts and treatment for severe road rash

• Long-term rehabilitation and physical therapy

• Future medical treatment for permanent injuries

• Lost wages while you recover

• Reduced earning capacity if injuries affect your ability to work

• Motorcycle repair or replacement

• Adaptive equipment if injuries cause disability

According to the National Highway Traffic Safety Administration, motorcyclists are 29 times more likely to die in crashes than passenger car occupants per mile traveled. The CDC injury data confirms that motorcycle accidents cause disproportionately severe injuries.

Non-Economic Damages

New York allows compensation for pain and suffering, including:

• Physical pain from injuries and multiple surgeries

• Emotional trauma, anxiety, and PTSD

• Loss of enjoyment of riding and other activities

• Permanent scarring or disfigurement

• Loss of consortium affecting your relationship with your spouse

Motorcycle accidents frequently cause brain injuries even when riders wear helmets. Back injuries and neck injuries result from the force of impact. Soft tissue injuries compound the damage from road rash and fractures.

Punitive Damages

When a driver’s conduct is particularly egregious, such as drunk driving, texting while driving, or road rage, New York courts may award punitive damages to punish the wrongdoer.

Contact Rosenberg & Rodriguez Personal Injury Lawyers

If you were injured in a motorcycle accident in Brooklyn, our firm can help you fight for the compensation you deserve.

We offer free consultations to accident victims. We’ll review your case, explain your legal options, and answer your questions. No obligation. No pressure.

Our contingency fee arrangement means you pay nothing unless we win. We advance all costs and only collect a fee when you recover compensation.

With over 100 combined years of experience, our attorneys understand the unique challenges motorcyclists face. We know how to overcome insurance company bias and maximize recovery for riders.