1. Lever and Ecker, PLLC
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death, insurance disputes, catastrophic injuries
Case Types Handled: Motorcycle vs. car collisions, rear-end accidents, intersection crashes, left-turn accidents, lane change collisions, hit-and-run incidents, wrongful death claims, uninsured motorist cases
Legal Services: Evidence collection (photos, video surveillance, witness statements, police reports), medical evaluation coordination, insurance negotiation, litigation, trial representation, settlement negotiation
Background: Attorneys with over 27 years of experience handling motorcycle accident cases. Firm known for standing up to aggressive insurance carriers and willing to take cases to trial when necessary. Understands bias motorcyclists face from insurance companies.
Location: Yonkers, New York (serving Westchester County and New York City)
Contact: (914) 288-9191 | (718) 933-3632 | https://www.leverecker.com
Consultation: Free consultation available
2. Tomkiel and Tomkiel
Practice Focus: Motorcycle accidents, car accidents, personal injury, wrongful death, insurance claims, no-fault insurance navigation
Case Types Handled: Rear-end collisions, T-bone crashes, left-turn accidents, lane change collisions, single-vehicle accidents, road hazard incidents, defective motorcycle parts claims, wrongful death cases
Legal Services: Evidence gathering, expert consultation, case strategy development, insurance claim filing, litigation, trial representation, compensation recovery
Background: Firm has served clients for over four decades with seasoned motorcycle accident attorneys. Combines legal expertise with personalized care. Experience navigating New York’s complex no-fault insurance system as it relates to motorcycle accidents.
Location: Yonkers, New York
Contact: Contact through website | https://tomkiel.com
Consultation: Free consultation available
3. StolzenbergCortelli, LLP
Practice Focus: Motorcycle accidents, personal injury, wrongful death, catastrophic injuries, traumatic brain injuries, spinal cord injuries
Case Types Handled: High-speed motorcycle crashes, intersection accidents, intoxicated driver collisions, negligent driver accidents, wrongful death claims
Legal Services: Police report examination, medical report analysis, video and camera image collection, eyewitness interviews, expert witness consultation, negligence establishment, insurance negotiation, litigation, trial representation
Background: Attorneys experienced in proving negligence in motorcycle accident cases. Handles cases under New York’s pure comparative negligence system. Works to secure substantial compensation for lifetime medical care and rehabilitation when needed.
Location: Yonkers, New York
Contact: Contact through website | https://stolzcortlaw.com
Consultation: Consultation available
4. Curan and Ahlers
Practice Focus: Motorcycle accidents, car accidents, rideshare accidents, personal injury, wrongful death
Case Types Handled: Motorcycle collisions, intersection crashes, rear-end accidents, distracted driving incidents, failure to yield accidents, wrongful death claims
Legal Services: Case investigation, evidence collection, insurance claim filing, lawsuit preparation, litigation, trial representation, settlement negotiation
Background: Firm with over 35 years of experience handling auto accident related cases including motorcycle accidents. Handles cases throughout Yonkers and New York. Experience with both injury claims and lawsuits.
Location: 14 Mamaroneck Ave., White Plains, New York 10601 (serving Yonkers)
Contact: (914) 428-3313 | https://www.curanahlers.com
Consultation: Free case consultation available
5. Fiedler Deutsch, LLP
Practice Focus: Motorcycle accidents, car accidents, personal injury, wrongful death, catastrophic injuries
Case Types Handled: Motorcycle vs. car collisions, multi-vehicle accidents, intersection crashes, lane change accidents, wrongful death claims, serious injury cases
Legal Services: Accident investigation, evidence gathering, comparative negligence analysis, insurance negotiation, litigation, trial representation
Background: Firm with more than 50 years of combined experience. Trial experience enables attorneys to fight cases in court when insurance companies refuse fair settlements. Prioritizes client needs with personalized attention throughout cases. Works on contingency fee basis.
Location: Yonkers, New York
Contact: (914) 993-0393 | https://www.fiedlerdeutsch.com
Consultation: Free consultation, contingency fee (33-40% of recovery typically)
Motorcycle Accident Laws and Regulations in New York
Statute of Limitations: New York has a three-year statute of limitations for personal injury claims, including motorcycle accidents. Victims must file their lawsuit within three years from the date of the accident. Wrongful death claims have a two-year limitation from the date of death. Claims against government entities require filing a notice of claim within 90 days of the accident.
Property Damage Claims: Property damage claims in New York have a three-year statute of limitations.
Fault System: New York is a no-fault insurance state for automobile accidents. However, motorcycles are excluded from the no-fault system. Motorcyclists cannot receive Personal Injury Protection (PIP) benefits under their own insurance policies. Instead, motorcyclists must file claims directly against at-fault drivers or seek PIP benefits from the at-fault driver’s auto insurance policy.
Comparative Negligence: New York follows the pure comparative negligence rule. Even if a motorcyclist is partially at fault for an accident, they can still recover damages, but the recovery is reduced by their percentage of fault. There is no threshold that bars recovery. For example, if a rider is 90% at fault and damages total $100,000, they could still recover $10,000.
Helmet Law: New York Vehicle and Traffic Law Section 381 requires all motorcycle operators and passengers to wear DOT-approved helmets. This applies to riders of all ages. Helmets must meet federal safety standards. Eye protection (goggles or face shield) is also required unless the motorcycle has a windscreen. Failure to wear a helmet can result in fines and may impact injury claims, particularly for head injuries.
Eye Protection: New York requires motorcycle operators and passengers to wear approved eye protection unless the motorcycle is equipped with a windscreen.
No-Fault Insurance Exception: Motorcyclists are specifically excluded from New York’s no-fault insurance system. This means motorcyclists cannot collect PIP benefits from their own insurance and must prove fault to recover damages. However, if injured in an accident with a car or truck, a motorcyclist may be able to seek PIP benefits from the at-fault driver’s insurance.
Minimum Motorcycle Insurance Requirements: New York requires motorcyclists to carry liability insurance with the following minimum limits: $25,000 for bodily injury per person, $50,000 for bodily injury per accident, $10,000 for property damage per accident. Uninsured motorist coverage is also required at the same limits.
Motorcycle Licensing: New York requires a Class M or MJ license or endorsement to operate a motorcycle. Applicants must pass written and road tests. A motorcycle safety course may substitute for the road test.
Lane Splitting: Lane splitting is illegal in New York. Motorcyclists must remain in their lane and cannot ride between rows of traffic.
Serious Injury Threshold: Because motorcyclists are excluded from no-fault insurance, they do not need to meet the “serious injury” threshold required for automobile occupants to sue. Motorcyclists can pursue claims for any injury caused by another driver’s negligence.
Equipment Requirements: Motorcycles must have functional headlights, taillights, turn signals, mirrors, brakes, and horn.
Passenger Requirements: Motorcycles must have appropriate seating for passengers. Passengers must wear helmets and eye protection.
Frequently Asked Questions
Q: How does New York’s no-fault insurance system affect motorcycle accident claims in Yonkers?
A: Unlike automobile occupants, motorcyclists are excluded from New York’s no-fault insurance system. This means you cannot collect Personal Injury Protection (PIP) benefits from your own motorcycle insurance policy regardless of who was at fault. Instead, you must file a claim against the at-fault driver to recover compensation for your injuries. If you were hit by a car or truck, you may be able to seek PIP benefits from the at-fault driver’s automobile insurance. This exclusion means motorcyclists must prove the other party’s negligence to recover damages, but it also means you are not required to meet the “serious injury” threshold that automobile occupants must meet before suing.
Q: How long do I have to file a motorcycle accident lawsuit in Yonkers, New York?
A: Under New York law, you have three years from the date of your motorcycle accident to file a personal injury lawsuit. Wrongful death claims have a shorter two-year limitation from the date of death. If your accident involves a government entity (such as a city vehicle or poor road maintenance by a municipality), you must file a notice of claim within 90 days of the accident. Missing these deadlines will result in losing your right to seek compensation. It is advisable to contact an attorney promptly after your accident to ensure all deadlines are met.
Q: Can I still recover compensation if I was not wearing a helmet at the time of my Yonkers motorcycle accident?
A: Yes, you can still pursue compensation even if you were not wearing a helmet, although New York law requires helmet use. Under New York’s pure comparative negligence system, your failure to wear a helmet may be considered when determining fault for your injuries, particularly head injuries. The jury may reduce your award based on the percentage they attribute to your failure to wear a helmet. However, this only affects injuries that a helmet would have prevented or reduced. You can still recover full compensation for injuries unrelated to helmet use. An experienced attorney can help minimize the impact of helmet non-compliance on your overall recovery.
Q: How does New York’s comparative negligence rule affect my motorcycle accident claim?
A: New York follows the pure comparative negligence rule, which is favorable to injured parties. Even if you were partially at fault for the accident, you can still recover damages. Your compensation is reduced by your percentage of fault, but there is no threshold that completely bars your recovery. For example, if you are found 40% at fault and your damages total $100,000, you would receive $60,000. This differs from modified comparative negligence states where being 50% or more at fault bars all recovery.
Q: What types of compensation can I recover in a New York motorcycle accident case?
A: In New York motorcycle accident cases, you may recover economic damages including medical expenses (past and future), lost wages and reduced earning capacity, property damage (motorcycle repair or replacement, gear, personal items), and disability-related expenses. Non-economic damages may include compensation for pain and suffering, emotional distress, loss of enjoyment of life, permanent disfigurement or scarring, and loss of consortium. Because motorcyclists are excluded from no-fault insurance, you do not have access to PIP benefits from your own policy, making it essential to prove the other party’s fault to recover these damages. Punitive damages may be available if the at-fault driver’s conduct was particularly egregious.