Here's What They Don't Tell You About Your Motorcycle Rights

Getting hit on your motorcycle is more than a bad day. It’s a violent, disorienting moment that can flip your world upside down. One second, you’re weaving through traffic in Midtown or rolling up Route 9 near Poughkeepsie. The next, you’re on the pavement, staring at the sky, trying to figure out how everything changed so fast.

That’s where we come in. At Horn Wright, LLP, our motorcycle accident attorneys help injured riders across New York make sense of what happens next. Whether you were hit in traffic or thrown from your bike by a city pothole, we’ll work to protect your rights, take on the legal side of things, and help you move forward with real support.

Caught Without a Helmet in New York? You’re Not Automatically at Fault

Some folks hear “motorcycle crash” and immediately ask, “Were you wearing a helmet?” It’s a loaded question. But just because you weren’t wearing one doesn’t mean you’re the reason the crash happened—or that you don’t deserve compensation.

Helmet laws in NY and what they really mean

According to New York Vehicle and Traffic Law § 381, motorcycle riders and passengers must wear Department of Transportation (DOT)–approved helmets and eye protection unless their bike has a windscreen. If you were riding without a helmet, yes, you may get a citation. But a ticket isn’t the same as being at fault for a crash.

You can be 100% sober, fully alert, and following every other traffic law when someone else runs a light or merges into your lane. That helmet doesn’t change the fact that another driver may have caused the collision.

Why not wearing one doesn’t erase your rights

Insurance companies sometimes try to paint riders without helmets as reckless. But New York law follows a pure comparative fault system. That means fault gets divided based on each party’s actions. You could be found 20% responsible, but still recover 80% of your damages.

Helmet or no helmet, you still have the right to recover for your injuries, your lost income, and your pain. Motorcycle accident attorneys across the state have seen it happen—and they’ve pushed back hard when insurers try to twist the facts.

Your Legal Power After a Motorcycle Crash in New York

New York doesn’t hand out easy answers when it comes to motorcycle crashes. Riders are often treated differently than drivers—by insurers, juries, and even first responders. That’s why it’s so important to know exactly what you’re entitled to under the law.

What you’re truly owed under New York law

Motorcyclists in New York aren’t covered by the state's standard no-fault insurance system. That means you don’t automatically get coverage for medical bills the way drivers do. Instead, if someone else caused your crash, you’ll need to bring a personal injury claim directly against them.

You have every right to seek compensation for the full impact of the crash, be it physical, financial, and emotional.

Injuries, wages, pain—you can fight for all of it

Some injuries are obvious. Others don’t show up until days later. Either way, they matter. And in New York, your claim can include far more than just your ER bill.

You can seek damages for:

• Medical treatment, including rehab, physical therapy, imaging, and surgeries. According to New York State Department of Health data, motorcycle-related hospital visits often cost over $6,000 per stay.
• Lost wages, whether you missed two weeks or had to change careers. In 2022, nearly 1 in 5 injured riders in New York reported time away from work longer than one month.
• Emotional pain, including anxiety, PTSD, or fear of riding again. Many New York mental health clinics offer trauma-specific therapy for crash victims.
• Loss of mobility or lifestyle, such as not being able to ride again, play with your kids, or walk without pain.

These aren’t bonus items. They’re part of your legal claim—and you have every right to demand compensation for them.

Don’t let “shared fault” ruin your claim

Here’s the part insurance companies hope you never find out: Even if you made a mistake, you can still win your case.

New York’s pure comparative negligence rule means your compensation is reduced based on your share of fault, not eliminated. If you're found 25% responsible for the crash, you can still recover 75% of your total damages.

This rule applies whether you were speeding, lane-splitting, or not wearing a helmet. Don’t let an adjuster convince you your mistakes cancel out the other driver’s actions. They don’t.

When the Road Itself Is the Real Danger

Not every crash involves a reckless driver. Sometimes, it’s the road itself that puts you in danger. And in New York, that’s more common than you might think.

NYC potholes, cracked asphalt, loose gravel—someone’s responsible

Road hazards are no joke on a motorcycle. A pothole that would barely rattle a car can flip your bike in an instant. And unfortunately, New York roads are full of them.

According to NYC Open Data, the Department of Transportation receives tens of thousands of pothole reports each year. Some roads in Queens, Staten Island, and even rural parts of the Hudson Valley go unrepaired for months.

If you’ve been thrown off your bike because of:

• Potholes or pavement gaps, especially near intersections or bridges
• Loose gravel or sand, often left behind after roadwork
• Worn-down lane markings, which can make tight turns more dangerous

Then there’s a real possibility a city or county was negligent in keeping the road safe.

How to Hold Cities and Counties in New York Accountable

Filing a claim against a government agency in New York requires fast action. You’ll need to submit a Notice of Claim under General Municipal Law § 50-e within 90 days of the incident.

That’s not a lot of time. If you wait too long, even a valid claim can be thrown out on a technicality. That’s why so many riders choose to work with our motorcycle accident attorneys who’ve been through this process before and understand how to build a strong, timely case.

Why Motorcycle Accidents in NY Are Treated Differently Than Car Wrecks

Motorcycle crashes are judged differently—and not always fairly. From the moment the police arrive, assumptions start flying. And unfortunately, the law treats riders in a unique way too.

Here’s why your case isn’t just another fender bender:

• No no-fault coverage. Motorcyclists are excluded from the no-fault system. That means no automatic medical payments. You have to file a personal injury claim to recover anything.
• More serious injuries. The National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are nearly 28 times more likely to die in a crash compared to people in passenger cars.
• Higher scrutiny from insurers. Many adjusters are trained to treat motorcycle claims as “risky” and delay payment. They may dig harder, ask more questions, or downplay your injuries.

But none of that means your claim is doomed. It just means you may need to fight harder—and smarter—to get what you deserve.

We’re Here to Help You Move Forward

What happened to you matters. And while the road ahead may feel uncertain, you don’t have to walk it alone.

At Horn Wright, LLP, our motorcycle accident attorneys help injured riders across New York hold others accountable, protect their rights, and move forward with confidence. Whether your crash happened in Manhattan or the Adirondacks, we’ll guide you through every legal step and help make sure you’re not left behind. When you're ready to talk, we’ll be here—with answers, not pressure.