When rider bias and insurer tactics threaten to reduce what you may be eligible to recover, the motorcycle accident lawyers at Rosenberg & Gluck, LLP work to make sure the evidence — not stereotypes — drives your claim for the maximum compensation you may be eligible for under New York law.
Our Long Island motorcycle accident lawyers handle the insurance process, document the full scope of your injuries and future treatment needs, and make sure your claim reflects what your recovery actually costs.
If you’ve been injured in a motorcycle accident on Long Island, you’re likely facing serious injuries, mounting medical bills, and a claims process that feels stacked against you. This is not something you have to handle alone.
Contact our New York personal injury law firm to discuss your case for free with our experienced attorneys. We are available 24/7 to assist you in English or Spanish.
Justice for riders starts with the right legal team.
Long Island Motorcycle Accident Guide
- Why Choose Rosenberg & Gluck, LLP?
- Motorcycle Accident Compensation We Pursue at Rosenberg & Gluck, LLP
- How We Establish Liability in Motorcycle Claims
- Why You Should Not Speak to the Adjuster Alone
- Why Long Island Motorcycle Accident Claims Are So Difficult
- Steps to Protect Your Claim While Recovering
- FAQs for Long Island Motorcycle Accidents
- We Don’t Let Anti-Biker Bias Dictate Your Settlement
Why Choose Rosenberg & Gluck, LLP?
Our History & Team
Our firm was founded in 1996 in Holtsville, New York. Our founders, Ted Rosenberg and Michael Gluck, have been practicing law in New York since the early 1980s. We have spent decades learning how local courts operate and how local defense firms strategize.
What We Do For You
- We handle the paperwork and communication with the insurers.
- We file the necessary legal forms, gather medical records, and answer the phone when the adjuster calls.
- We conduct independent investigations to pursue the full scope of compensation your case may support.
- We visit the crash scene, pull camera footage from nearby businesses, and analyze the physical evidence.
- We negotiate directly with adjusters to counter the reckless rider narrative with documented evidence.
Proven Track Record
We prepare every case as if it is going to trial. Defense attorneys know this, and that reputation typically changes how they approach settlement negotiations. Our history includes significant recoveries for our clients:
- $9.5 Million: We secured this wrongful death settlement after a hard-fought six-week trial.
- $25.4 Million: We recovered this amount for a client involved in a catastrophic collision with a drunk driver on a defective roadway.
While past results do not guarantee a specific outcome for your claim, they demonstrate our ability to handle high-stakes, difficult litigation.
No Win, No Fee
Our personal injury law firms in Suffolk and Nassau County operate on a contingency fee basis, which means you pay nothing out of pocket. We only receive a fee if we secure a settlement or verdict for you.
Motorcycle Accident Compensation We Pursue at Rosenberg & Gluck, LLP
Economic Damages
Economic damages are the tangible financial losses you have suffered. We calculate these using bills, receipts, and employment records. These include:
- Medical Expenses: This covers emergency room visits, surgeries, hospitalization, and medication. It also includes future costs like physical therapy or long-term care if your injuries are permanent.
- Lost Wages: If you are unable to work while recovering, you can claim the income you lost.
- Lost Earning Capacity: If your injury prevents you from returning to your trade, such as a construction worker who suffers a back injury, you can claim the difference between what you used to earn and what you can earn now.
- Property Damage: This covers the cost to repair or replace your motorcycle and riding gear.
Non-Economic Damages
These damages are subjective and compensate you for the human cost of the injury. They include:
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the crash.
- Loss of Enjoyment of Life: If you can no longer ride, play sports with your children, or engage in hobbies you loved, the law recognizes this as a compensable loss.
- Disfigurement: Road rash usually leaves permanent scarring. In severe cases, riders may suffer amputations. These permanent changes to your appearance and function are factored into the settlement.
What If I Am Partially At Fault?
Many NY motorcycle riders worry that if they were speeding slightly or made a minor error, they have no case. This is not always the case. New York operates under a rule of pure comparative negligence.
This legal standard allows you to recover compensation even if you were partially to blame for the accident. Our goal as your Long Island motorcycle accident lawyer is to ensure the insurance adjuster does not unfairly inflate your percentage of fault to lower what they owe you.
How We Establish Liability in Motorcycle Claims
The Investigation Process
Police reports are useful, but they are not the final word. In many motorcycle accidents, the rider is rushed to the hospital and cannot give a statement at the scene. The officer only hears the driver’s version of events (“He came out of nowhere!”), which leads to a biased report.
Our Long Island motorcycle accident attorneys dig deeper, using Event Data Recorders (black boxes) to prove speed and braking patterns. We also partner with professionals who may be able to analyze skid marks and debris fields to reconstruct the angle of impact. This scientific approach helps us build a narrative based on physics rather than hearsay.
Common Accident Scenarios We Handle
We have seen almost every type of collision on Long Island roads. Some of the most frequent include:
- The Left-Turn Accident: This is perhaps the most common danger. A car turns left at an intersection and cuts directly across the path of an oncoming motorcycle. Drivers frequently claim they didn’t see the bike due to inattentional blindness.
- Blind Spot/Lane Change: A driver merges into your lane without looking twice or signaling.
- Dooring: In town centers with street parking, a driver opens their door into the path of a rider.
- Rear-End Collisions: These are catastrophic for riders and result in delays when a distracted driver fails to stop in time at a stoplight.
Whether you see your accident in the list above or not, know that you don’t have to fight the insurance company alone. Our motorcycle crash injury attorneys in Long Island are ready to help you fight for the recovery you may be eligible for under the law. Schedule a free case evaluation with our NY personal injury law firm to learn how we may be able to assist.
Common Injuries
Without the protective steel cage of a car, riders absorb the full force of impact. We frequently help clients recovering from:
- Road Rash: Severe abrasion that is evidence of the crash severity and carries a high risk of infection.
- Fractures: The lower extremities (legs, ankles) and wrists are common fracture points as riders instinctively brace for a fall.
- Traumatic Brain Injuries (TBI): Even with a quality helmet, the force of impact can cause concussions or severe brain trauma.
- Spinal Cord Injuries: Damage to the spine results in partial or total paralysis and requires lifetime care.
Quick settlement offers rarely reflect the full financial impact of the accident. Catastrophic injuries can cost millions over a lifetime in economic and non-economic damages. For assistance understanding how much your case could be worth, contact our motorcycle accident attorneys on Long Island today to discuss your case for free.
Long Island Motorcycle Accident Statute of Limitations
The statute of limitations for personal injury negligence in New York is three years from the date of the accident. For motorcycle accident wrongful death claims, New York shortens the filing deadline to two years from the date of death.
If your accident involved a government entity, such as being hit by a county bus, or crashing due to a pothole on a town road, you may have as little as 90 days to file a Notice of Claim under General Municipal Law. Failing to meet this strict deadline can permanently bar you from receiving compensation. This is why involving a lawyer early is beneficial.
Why You Should Not Speak to the Adjuster Alone
After an accident, the at-fault driver’s insurance company will likely contact you. They may sound polite and concerned, asking how you are feeling. Remember that they are professionals representing a business interest.
The Business Model
Insurance carriers aim to close files quickly and for the lowest possible amount. Adjusters handle hundreds of claims a year. For most riders, this is their first major accident claim. This creates a significant information gap.
Watch Out for These Tactics
- The Bias Trap: Adjusters may ask leading questions designed to get you to admit to aggressive riding or speeding.
- Recorded Statements: Do not give a recorded statement without legal counsel. Anything you say can be used later to argue you were partially at fault.
- Quick Settlement Offers: An adjuster might offer a check within days of the crash. This is usually an attempt to settle the claim before you realize you need surgery or that you will be out of work for months. Once you sign a release, you generally cannot ask for more money later.
We handle all communication with the insurance company, preventing them from twisting your words and ensuring they receive only the necessary facts.
Don’t let bias define your motorcycle accident claim.
Why Long Island Motorcycle Accident Claims Are So Difficult
Congestion and Aggression
The Long Island Expressway (LIE), Sunrise Highway, and Nicolls Road are known for high speeds and heavy congestion. In stop-and-go traffic, the risk of rear-end collisions increases significantly for motorcycles.
Seasonal Drivers
During the summer months, traffic swells with visitors heading to the Hamptons and the East End. These drivers are typically unfamiliar with local roads and may be distracted by GPS navigation, increasing the likelihood that they will miss seeing a motorcyclist in their blind spot.
Road Conditions
Potholes and loose gravel, like leftovers from winter sanding, are mere annoyances to cars but can be lethal to motorcycles. If a significant road defect caused your crash, we investigate the municipality responsible for maintenance to see if they had prior notice of the danger and failed to fix it.
Steps to Protect Your Claim While Recovering
Once you are home from the hospital, follow these steps to safeguard your rights and position your claim for the maximum compensation allowable based on your specific circumstances.
Preserve Evidence
Speak with our legal team before you make attempts to repair or replace your damaged motorcycle. It could be strong evidence supporting your claim.
Similarly, keep your helmet and riding gear exactly as they were after the crash. Do not wash your torn jacket or throw away scuffed boots. These items demonstrate the violence of the collision and validate your injuries.
Digital Hygiene
Be cautious of social media use, especially as it relates to the accident. Adjusters regularly monitor the social media accounts of claimants. If you post a photo of yourself smiling at a family birthday party, they may argue that your injuries are not as severe as you claim. Keep your recovery private, ask your family and friends to do the same, and reach out to your lawyer if you are unsure how a post may be construed.
FAQs for Long Island Motorcycle Accidents
Is lane splitting legal in New York?
No. Lane splitting is illegal in New York. Vehicle and Traffic Law Section 1252 bars riding between lanes of traffic or between rows of vehicles, and it bars passing another vehicle in the same lane. Two motorcycles can ride side by side in one lane. If you were lane splitting when you were hit, you may still recover compensation, but your share of fault can reduce the amount under New York’s comparative negligence rule. Further, if you were more than 50% responsible for the crash, you are barred from a recovery.
What should I do after a motorcycle accident?
After a motorcycle accident, get medical care right away and call the police so there is a police report. Take photos of the scene, your motorcycle, the other vehicle, and your injuries, and get witness information. Keep your helmet and gear as evidence. Motorcyclists do not get no-fault benefits in New York, so notify your health insurer and the at-fault driver’s insurer promptly. Avoid recorded statements until you have spoken with a motorcycle accident lawyer.
What is the average settlement for a motorcycle accident?
There is no reliable average settlement for a motorcycle accident, because injuries can range from road rash and broken bones to traumatic brain injury. Motorcycle crashes often cause severe injuries, which can lead to large claims, but the result depends on the injuries suffered, medical costs, lost income, future care, pain and suffering, fault, and available insurance. A lawyer can estimate a fair range once your treatment and prognosis are clearer.
How long does a motorcycle accident lawsuit take?
Most motorcycle accident lawsuits take one to three years. Claims with clear fault and finished treatment can settle sooner, while cases with serious injuries, disputes about fault, or several defendants can take longer. Riders often face bias from insurers, which can lead to longer negotiations. A lawyer can move the case forward by building the evidence early.
What does a motorcycle accident lawyer do?
A motorcycle accident lawyer investigates the crash, preserves evidence such as video and vehicle data, and deals with the insurance companies for you. Because riders in New York do not get no-fault benefits, a lawyer also helps coordinate your health insurance and medical bills. The lawyer proves fault, pushes back against bias against motorcyclists, values your claim, and takes the case to court if needed.
Does health insurance cover motorcycle accident injuries?
Yes, your health insurance generally covers motorcycle accident injuries, subject to your plan’s deductibles and copays. This matters in New York because motorcyclists are not eligible for no-fault benefits. Your health insurer may have a lien on any later settlement. Your own motorcycle policy may also offer optional medical payments coverage. A lawyer can investigate and advise you on all available coverages.
How much can I sue for after a motorcycle accident?
There is no set limit on what you can sue for after a motorcycle accident. You can seek medical expenses, lost wages, future care, lost earning capacity, and pain and suffering. The practical limit is often the at-fault driver’s insurance, which in New York can be as low as $25,000 per person. Underinsured motorist coverage on your own policy, and other liable parties, can add more coverage.
Should I get a lawyer for a motorcycle accident?
If you were hurt, speaking with a lawyer is usually a good idea. Motorcyclists in New York do not get no-fault benefits, and insurers often try to blame riders for the crash. A lawyer can protect you from those tactics, coordinate your medical bills, and find all available coverage. Rosenberg & Gluck offers a free consultation and works on contingency.
What are my rights after a motorcycle accident?
After a motorcycle accident, you have the right to seek compensation from any careless driver who caused the crash. You can recover medical bills, lost wages, and pain and suffering. You have the right to refuse a recorded statement to the other driver’s insurer and the right to have a lawyer handle your claim. Under New York’s statute of limitations, you generally have three years to file a lawsuit, although shorter time frames may apply. It is critical to speak to a lawyer right away to preserve your rights.
What should I do after a minor motorcycle accident?
Even after a minor motorcycle accident, see a doctor, because adrenaline can hide injuries. Call the police, take photos, and exchange insurance information with the driver. If anyone was hurt or damage is over $1,000, file an MV-104 with the DMV within 10 days. Keep your gear, receipts, and medical records, and talk to a lawyer before you accept a quick settlement.
What should I NOT do after a motorcycle accident?
After a motorcycle accident, do not leave the scene, admit fault, or tell anyone you are fine before a doctor checks you. Do not skip medical care or stop treatment early, because gaps in care hurt your claim. Avoid giving a recorded statement to the other driver’s insurer and avoid posting about the crash on social media. Do not repair your bike or throw out your gear until it has been photographed.
Who is at fault in a motorcycle accident?
Fault in a motorcycle accident depends on who failed to drive safely. Drivers are often at fault for turning left in front of a rider, changing lanes without looking, or following too closely. A rider can share fault for speeding or lane splitting. New York uses its own version of comparative negligence, and so long as you were not more than 50% responsible you can still recover, with your award reduced by your share.
Does New York no-fault insurance cover motorcycle riders?
No. New York no-fault insurance does not cover people riding motorcycles. Riders must use health insurance, optional medical payments coverage, or a claim against the at-fault driver to pay medical bills. Because no-fault does not apply, injured motorcyclists are also not bound by the serious injury threshold when suing a driver. This is an important difference from car accident claims.
Will not wearing a helmet hurt my motorcycle accident claim?
Not wearing a helmet does not bar your claim, but it can affect it. New York requires all motorcycle riders and passengers to wear an approved helmet. The insurance company may argue that a helmet would have reduced a head injury and ask that those damages be lowered. It does not change the driver’s fault for causing the crash, and it usually has no effect on injuries to other parts of the body.
Who is at fault when a car turns left in front of a motorcycle?
In most cases, the driver who turns left in front of a motorcycle is at fault. New York law requires drivers turning left to yield to oncoming traffic, including motorcycles. Drivers often say they did not see the rider, but that does not excuse failing to look. The driver may argue the rider was speeding, which can share fault, so impact points, witness statements and video are important.
We Don’t Let Anti-Biker Bias Dictate Your Settlement
Riding a motorcycle on Long Island should not put you at a disadvantage when it comes to your legal rights. You are entitled to the same protection and the same chance at a fair recovery as any other road user under New York law.
If a crash has left you facing medical treatment, time away from work, or questions about insurance, you don’t have to face it alone. Contact the Long Island personal injury lawyers from Rosenberg & Gluck for a free consultation in English or Spanish.
Protect your rights. Maximize your recovery.
