1. Dietrich Law Firm P.C.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, bicycle accidents, pedestrian accidents, construction accidents, slip and fall accidents, wrongful death, personal injury
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, left-turn accidents, failure to yield accidents, lane change accidents, rear-end collisions, head-on collisions, intersection accidents, highway accidents, drunk driver accidents, distracted driver accidents
Legal Services: Negligence investigation, accident reconstruction, depositions, witness interviews, expert witness coordination (economics, vocational rehabilitation, orthopedic surgery), police report analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense documentation, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Jed Dietrich, Esq. is recognized as a Best Lawyer of America and New York Super Lawyer. The firm has settled over $250,000,000 on behalf of clients. Notable results include a $750,000 settlement for a 52-year-old man injured in a motorcycle accident where a vehicle failed to yield the right-of-way. Jed Dietrich’s approach includes taking depositions of witnesses, hiring economic experts, vocational rehabilitation experts, and consulting with orthopedic surgery specialists. The firm has represented numerous injured motorcyclists in Buffalo and Western New York.
Location: Buffalo, New York (serves Erie County and Western New York)
Contact: (716) 839-3939 | https://www.calljed.com
Consultation: Free consultation available 24/7, no fee until they win, attorneys will travel to meet clients
2. O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, wrongful death, personal injury, government liability claims
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, moped accidents, left-turn accidents, failure to yield accidents, lane change accidents, rear-end collisions, head-on collisions, intersection accidents, highway accidents, drunk driver accidents, distracted driver accidents, accidents caused by road defects
Legal Services: Negligence investigation, accident reconstruction, evidence gathering, witness interviews, police report analysis, insurance claim negotiation, uninsured/underinsured motorist claims, litigation, trial representation, settlement negotiations, medical expense documentation, lost wage recovery, pain and suffering claims, wrongful death claims
Background: O’Brien & Ford has over 84 years of combined experience and has recovered over $100 million for clients. The firm has helped change the lives of injured riders and grieving families in Buffalo, forcing insurance companies, government bodies, and other powerful defendants to pay millions in settlements and jury awards. Their accomplished trial attorneys are known for smart, client-driven legal strategies. When insurance companies see their team handling a case, they know the client won’t hesitate to reject low offers and bring the case to a jury.
Location: Buffalo, New York (serves Erie County and surrounding areas)
Contact: (716) 222-2222 | https://obrienandford.com
Consultation: Free consultation available, contingency fee basis (no out-of-pocket costs)
3. Feroleto Law
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, slip and fall accidents, wrongful death, personal injury
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, left-turn accidents, failure to yield accidents, lane change accidents, rear-end collisions, head-on collisions, intersection accidents, highway accidents, accidents caused by distracted drivers, accidents caused by negligent drivers
Legal Services: Negligence investigation, evidence gathering, witness interviews, police report analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, property damage claims, medical expense documentation, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Attorney John Feroleto is known in the community and by his peers for his willingness to work and go the extra mile for clients. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. He was named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. The firm understands that New York insurance coverage laws for motorcycles differ from those covering other vehicles, and they are familiar with the prejudice against motorcyclists that can be prevalent with insurance companies, judges, and juries. They educate everyone involved to have a tremendous impact on case outcomes.
Location: Buffalo, New York (Buffalo Niagara Region)
Contact: (716) 854-0700 | https://yourbuffalolawyer.com
Consultation: Free case evaluation, contingency fee basis (legal fees only charged if case is won or settled)
4. The Nicotra Law Firm, PC
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, wrongful death, personal injury
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, left-turn accidents, failure to yield accidents, lane change accidents, rear-end collisions, head-on collisions, intersection accidents, highway accidents, accidents caused by distracted drivers, accidents caused by negligent drivers, uninsured/underinsured motorist claims
Legal Services: Negligence investigation, accident reconstruction, evidence gathering, witness interviews, police report analysis, insurance claim negotiation, uninsured/underinsured motorist claims, litigation, trial representation, settlement negotiations, property damage claims, medical expense documentation, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Attorney Rick Nicotra is a motorcycle rider himself, having started riding minibikes at age 12 and currently riding a 2007 Road King and a 1972 Shovel Head. With over 25 years of experience representing injured bikers and being well-versed in motorcycle accident law, the firm uses personal investigators and accident reconstruction experts to handle any motorcycle accident case. Rick’s personal riding experience gives him unique perspective and understanding of motorcycle accident cases that other attorneys may lack.
Location: Buffalo, New York (serves Western New York including Buffalo, Rochester, Southern Tier, and Central New York)
Contact: https://bikerlawyers.com
Consultation: Free consultation available
5. Lipsitz Green Scime Cambria LLP
Practice Focus: Motorcycle accidents, car accidents, truck accidents, medical malpractice, product liability, workers’ compensation, personal injury, wrongful death
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, left-turn accidents, failure to yield accidents, lane change accidents, rear-end collisions, head-on collisions, intersection accidents, highway accidents, accidents caused by defective motorcycle parts, accidents caused by negligent drivers
Legal Services: Negligence investigation, accident reconstruction, evidence gathering, witness interviews, expert witness coordination, police report analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, property damage claims, medical expense documentation, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Lipsitz Green Scime Cambria is ranked a Tier-1 firm for Personal Injury Litigation by U.S. News/Best Lawyers. The firm’s nationally recognized personal injury attorneys have an intricate network of nurse paralegals, expert witnesses, and other resources. Notable results include a $19,000,000 structured settlement for a young man injured in a motorcycle accident. Twenty-three attorneys from the firm have been named to New York Super Lawyers, Upstate Edition. Several attorneys hold AV Peer Review Rating from Martindale-Hubbell and have been named Best Lawyers Lawyer of the Year. No charge to clients unless the firm wins the case.
Location: Buffalo, New York (serves Western New York)
Contact: https://www.lipsitzgreen.com
Consultation: Free consultation available, contingency fee basis
Motorcycle Accident Laws and Regulations in New York
Statute of Limitations: New York has a three-year statute of limitations for personal injury claims arising from motorcycle accidents under CPLR Section 214. Claims must be filed within three years from the date of the accident. For wrongful death claims, the statute of limitations is two years from the date of death.
No-Fault Insurance and Motorcycle Exemption: New York is a no-fault insurance state for automobiles, but motorcycles are NOT considered motor vehicles under New York’s No-Fault Laws. This means motorcyclists cannot receive Personal Injury Protection (PIP) benefits to cover lost wages and medical costs through no-fault coverage. However, this also means motorcyclists are not subject to the serious injury threshold required for automobile occupants to sue, allowing them to pursue claims for lesser injuries that car occupants could not.
Comparative Negligence: New York follows a pure comparative negligence rule under CPLR Section 1411. An injured motorcyclist can recover damages even if they are partially at fault for the accident. However, compensation is reduced by the percentage of fault assigned to the motorcyclist. Unlike some states, New York has no threshold that bars recovery, meaning a plaintiff who is 99% at fault can still recover 1% of their damages.
Minimum Motorcycle Insurance Requirements: New York requires motorcyclists to carry liability insurance with minimum coverage of:
- $25,000 for bodily injury liability per person
- $50,000 for bodily injury liability per accident (multiple persons)
- $10,000 for property damage liability per accident
Motorcyclists should also consider uninsured/underinsured motorist coverage.
Helmet Laws: New York has a universal helmet law under Vehicle and Traffic Law Section 381. All motorcycle riders and passengers are required to wear DOT-approved helmets at all times when operating or riding on a motorcycle. Helmets must conform to federal DOT standards.
Eye Protection Requirements: New York law requires motorcyclists to wear eye protection (goggles or glasses) that conform to ANSI (American National Standards Institute) standards unless the motorcycle is equipped with a windshield.
Lane Splitting Laws: Lane splitting (riding between lanes of traffic) is illegal in New York. Motorcyclists must remain within their lane and follow all standard traffic regulations.
Motorcycle Licensing Requirements: New York requires a Class M license or motorcycle endorsement (Class MJ for junior riders) to legally operate a motorcycle. Riders must pass vision, written, and skills tests. A motorcycle learner permit may be obtained first, with certain restrictions on riding.
Motorcycle Equipment Requirements: New York law requires motorcycles to be equipped with:
- DOT-approved helmet for all riders
- Eye protection conforming to ANSI standards
- Working headlight (must be on at all times while operating)
- Brake and turn signals
- Reflectors
- Horn
- Rearview mirror
Regular safety inspections are required
Daytime Headlight Use: New York requires motorcyclists to use their headlights during daytime hours to increase visibility to other drivers.
Damage Caps: New York does not have caps on compensatory damages (economic or non-economic) in most personal injury cases.
Wrongful Death Claims: New York allows wrongful death claims to be filed by the personal representative of the deceased’s estate within two years of the date of death under EPTL Section 5-4.1.
Medical Payment Coverage: While no-fault PIP does not apply to motorcyclists, the at-fault driver’s insurance may have medical payment provisions that can provide some coverage for medical expenses.
Frequently Asked Questions
Q: What is the deadline for filing a motorcycle accident lawsuit in New York?
A: New York law provides a three-year statute of limitations for personal injury claims arising from motorcycle accidents. This deadline runs from the date of the accident. For wrongful death claims, the deadline is two years from the date of death. It is essential to consult with an attorney promptly to ensure all deadlines are met and evidence is preserved while it is still fresh.
Q: How does New York’s no-fault insurance law affect motorcycle accident claims?
A: Under New York’s No-Fault Laws, motorcycles are NOT considered motor vehicles. This means motorcyclists cannot receive Personal Injury Protection (PIP) benefits that cover lost wages and medical costs. This can be financially devastating for injured riders. However, there is a silver lining: because no-fault does not apply to motorcyclists, they are not subject to the serious injury threshold that automobile occupants must meet to pursue lawsuits. This means motorcyclists can bring claims for injuries that would be considered too minor for car occupants to sue over.
Q: Will not wearing a helmet affect my ability to recover compensation in New York?
A: New York law requires all motorcycle riders and passengers to wear DOT-approved helmets. If you were injured while not wearing a helmet, it can affect your case in two ways. First, you could receive a traffic citation. Second, under New York’s comparative negligence rule, failing to wear a helmet may be used to argue that you contributed to the severity of your injuries, particularly for head and brain injuries. This could reduce your overall compensation, though it would not bar recovery entirely since New York uses pure comparative negligence.
Q: What if the other driver does not have insurance or has insufficient coverage?
A: If the at-fault party is uninsured or underinsured, you may be able to seek compensation through your own insurance policy if you have uninsured/underinsured motorist (UM/UIM) coverage. Given that motorcyclists cannot access no-fault PIP benefits in New York, carrying UM/UIM coverage is especially important for motorcycle riders. An attorney can help you explore all available options for compensation.
Q: What types of compensation can I recover after a motorcycle accident in Buffalo?
A: Motorcycle accident victims in New York may recover both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages, loss of earning capacity, property damage (motorcycle repair or replacement), and rehabilitation costs. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and permanent disability. In wrongful death cases, families may recover funeral expenses, loss of financial support, and loss of companionship. Because motorcyclists cannot access no-fault PIP benefits, pursuing a claim against the at-fault party becomes even more critical for recovering medical expenses and lost wages.