A motorcycle crash can leave you with serious injuries and no automatic insurance safety net. If you were hurt while riding in Queens, you need a Queens motorcycle accident lawyer who knows why these cases work differently from car accidents under New York law. At The Orlow Firm in Flushing, our attorneys have spent over 40 years fighting for injured riders across Queens, and we know how to get results.
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Most people assume all motor vehicle accidents in New York follow the same rules. They don't. Under NY Insurance Law 5103(a), motorcyclists are left out of New York's no-fault insurance system. If you get hurt in a motorcycle crash, you won't receive automatic coverage for medical bills or lost wages through Personal Injury Protection (PIP) the way car accident victims do.
This creates an immediate money problem for injured riders. From the moment of the crash, you must file a claim or lawsuit against the at-fault party to recover anything. There is no guaranteed medical payment while your case moves forward.
But the no-fault exclusion also removes a major barrier. Car accident plaintiffs must prove they suffered a "serious injury" under Insurance Law 5102(d) before they can sue for pain and suffering. Motorcyclists don't face this requirement. Any injury from a motorcycle crash lets you file a lawsuit for full compensation.
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Motorcyclists vs. Car Drivers Under NY Law:
| Feature | Motorcyclists | Car Drivers | |---------|---------------|-------------| | No-Fault (PIP) Coverage | Excluded | Covered | | Serious Injury Threshold to Sue | Not required | Required | | Automatic Medical Payments | None | Up to $50K | | Right to Sue for Pain and Suffering | Any injury qualifies | Only serious injuries | | Path to Financial Recovery | Liability claim only | No-fault + liability claim |
Source: NY Insurance Law 5103(a), 5102(d).
Because motorcyclists lack this safety net, having the right insurance before an accident matters a great deal. We strongly recommend riders carry Supplementary Uninsured/Underinsured Motorist (SUM) coverage and optional Medical Payments (MedPay) coverage. If the at-fault driver carries minimum insurance or none at all, your own SUM policy may be the difference between getting compensated and paying out of pocket. A Queens motorcycle accident lawyer can review your policies and identify every source of recovery after a crash.
Statute of Limitations" loading="lazy" style="width:100%;height:100%;object-fit:cover;border-radius:0.5rem;"/>What's in this video?
The Orlow Firm's attorneys explain New York's no-fault insurance system and how it affects motor vehicle claims. Note that motorcycles are excluded from this system entirely, which is why motorcycle accident cases require a different legal approach.
Motorcycle Accident Statistics in Queens
Queens is one of the most dangerous boroughs in New York City for all road users. Motorcyclists face even greater risk. Our analysis of NYC Open Data motor vehicle collision records shows that Queens is NYC's second most crash-prone borough overall. The borough recorded 152,063 collisions from 2019 to 2025, making up 27.6% of all borough-tagged crashes. Queens saw 268 total traffic fatalities during that span.
Motorcycles were the primary vehicle in 1,119 of those Queens crashes, or 0.7% of all collisions. That percentage may seem small, but motorcycle crashes cause injuries and deaths at far higher rates than car-on-car collisions. Riders have almost no physical protection. Head injuries and traumatic brain injuries account for 54% of fatal motorcycle crashes.
According to the NYC DOT Motorcycle Safety Study, 55 motorcyclists were killed citywide in 2023. That was an all-time high. Only 27% of fatally injured riders were properly licensed, and just 36% of involved motorcycles were properly registered. NYC's motorcycle fatal crash rate stands at 89 per 100,000 registered motorcycles. That is nearly double the state rate of 46 and well above the national rate of 56.
Motorcyclist injuries rose 33% in 2024, with 728 injuries recorded compared to 548 in the same span of 2023, according to NYC DOT data. On a more positive note, 2025 saw a 32% drop in motorcycle user deaths citywide. Queens traffic fatalities fell 23%, from 74 in 2024 to 57 in 2025.
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Queens Motorcycle Safety: Key Numbers (2019-2025)
- 152,063 total Queens collisions (27.6% of NYC)
- 1,119 motorcycle-involved Queens crashes
- 268 total Queens traffic fatalities
Motorcycle Fatal Crash Rate (per 100K registered):
- NYC: 89
- National: 56
- NY State: 46
Top Contributing Factors in Queens:
- Driver inattention / distraction: 26.6%
- Failure to yield right-of-way: 10.0%
- Unsafe lane changes / passing: 8.3%
- Unsafe speed: 2.8%
Peak danger hours: 2 PM - 6 PM (30.4% of all crashes). Deadliest day: Friday (51 fatalities, 2019-2025).
Sources: NYC Open Data Motor Vehicle Collisions (2019-2025), NYC DOT Motorcycle Safety Study.
Our analysis of contributing factors shows that driver inattention and distraction caused 40,381 Queens crashes (26.6% of all collisions) from 2019 to 2025. This factor is especially deadly for motorcyclists, who are harder for distracted drivers to spot. Peak crash hours in Queens fall between 2 PM and 6 PM, covering 30.4% of all collisions. Friday is the deadliest day to ride in Queens, with 51 fatalities recorded over the 2019-2025 period.
New York Motorcycle Laws That Affect Your Case
Several New York laws directly shape how motorcycle accident claims work. An NYC motorcycle accident attorney will apply these laws to protect your rights and build your case.
Universal Helmet Law (VTL 381(6))
New York requires all motorcycle riders and passengers to wear DOT-approved helmets at all times. There are no age or experience exceptions. Breaking the helmet law carries fines up to $100. Not wearing a helmet does not bar you from filing a claim. But it may reduce your damages for head injuries under comparative negligence principles.
Lane Splitting Is Prohibited (VTL 1252)
Motorcycles are entitled to the full use of a traffic lane under New York law. Riding between lanes of traffic, known as lane splitting, is illegal. Two motorcycles may ride side by side in a single lane, but no vehicle may take away a motorcycle's full lane width.
Pure Comparative Negligence (CPLR 1411)
New York follows a pure comparative negligence rule. Your damages are reduced by your percentage of fault, but you are never completely barred from recovery. Even if you were 99% responsible, you can still collect 1% of your damages. This matters in motorcycle cases because insurance companies often try to shift blame to the rider.
Eye Protection (VTL 381(7))
All motorcycle operators must wear ANSI-approved goggles or a face shield. This requirement applies even if the motorcycle has a windscreen.
Headlight Requirement
Motorcycle headlights must stay on at all times, day and night, to help other drivers see you.
Statute of Limitations
You have three years to file a personal injury lawsuit (CPLR 214) and two years for wrongful death claims (EPTL 5-4.1). If a government entity is involved, such as a pothole or road defect, you must file a Notice of Claim within just 90 days under General Municipal Law 50-e.
Common Causes of Motorcycle Accidents in Queens
Knowing what caused your motorcycle crash is the first step toward building a strong case. A motorcycle accident attorney in Queens NY will use this evidence to prove fault. Our analysis of Queens collision data shows the specific factors that put riders at risk.
Driver Inattention and Distraction — The number one cause of crashes in Queens at 26.6% of all collisions. Distracted drivers fail to check mirrors, skip blind spots, and simply do not see motorcycles on the road.
Failure to Yield Right-of-Way — The second leading cause at 10.0% of Queens crashes. Left-turn accidents, where a driver turns across a rider's path, are among the most common and most dangerous motorcycle collisions.
Unsafe Lane Changes and Improper Passing — Combined, these factors caused 12,668 Queens crashes from 2019 to 2025. Motorcycles riding in next-door lanes are at high risk when drivers change lanes without looking.
Unsafe Speed — Responsible for 4,238 Queens crashes (2.8%), but much deadlier because higher speeds cut reaction time and increase impact force.
Road Hazards — Potholes, uneven pavement, debris, and construction zones create hazards that car drivers barely notice but that can be disastrous for a rider on two wheels. Queens' aging roads, especially along Northern Boulevard and in Jamaica and South Queens, create real dangers for motorcyclists.
Door-Opening ("Dooring") — In busy neighborhoods like Astoria, Long Island City, and Jackson Heights, parked drivers opening doors into traffic lanes put passing motorcyclists at serious risk.
Drunk and Impaired Driving — Our analysis identified 2,789 alcohol-involved crashes in Queens from 2019 to 2025, a figure that is likely underreported.
Vehicle Defects — Defective brakes, tires, or throttle systems can cause a rider to lose control. In these cases, the manufacturer may be liable in addition to or instead of another driver.
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Common Causes of Motorcycle Accidents in Queens:
- Distracted Driving — #1 cause in Queens at 26.6% of all crashes
- Failure to Yield — Left-turn crashes are among the most dangerous
- Unsafe Lane Changes — 12,668 crashes from improper passing
- Speeding — 4,238 crashes; higher fatality rate
- Road Hazards — Potholes, debris, and construction zones
- Dooring — Parked drivers opening doors into traffic
- Impaired Driving — 2,789 alcohol-involved crashes in Queens
- Vehicle Defects — Defective brakes, tires, or throttle systems
Who Can Be Held Liable for a Queens Motorcycle Accident
Motorcycle crashes often involve more than one responsible party. Finding every liable party is key to getting full compensation. An experienced motorcycle injury lawyer in Flushing can investigate your crash and identify all parties who owe you money.
Other Drivers — The most common case. Drivers who fail to see a motorcycle, make left turns into a rider's path, or rear-end a stopped motorcycle can be held liable for all resulting injuries.
The City of New York — When potholes, bad road design, missing signs, or poor drainage play a role in a crash, the City may be liable. These claims require filing a Notice of Claim within 90 days of the accident under General Municipal Law 50-e. Steven S. Orlow, our Founder, served as former Counsel to the County Executive of Queens and former NYC Council Member-At-Large. That experience gives our firm direct insight into municipal liability claims.
Vehicle Manufacturers — If a defective motorcycle part, tire, or helmet played a role in the crash or made your injuries worse, the manufacturer can be held liable under product liability law.
Bars and Restaurants (Dram Shop Law) — Under NY General Obligations Law 11-101, a bar or restaurant that serves alcohol to a visibly drunk person can be liable if that person then causes a motorcycle crash. Most competitors don't discuss this, but it can add real money to your recovery.
Employers — If the at-fault driver was on the job at the time of the crash (delivery drivers, commercial vehicles), their employer may be liable under the doctrine of respondeat superior.
Road Construction Companies — Failure to properly sign, barricade, or maintain work zones creates dangerous conditions for motorcyclists.
Maintenance and Repair Shops — Bad maintenance or faulty repairs that play a role in a crash can give rise to a claim against the shop.
What's in this video?
The Orlow Firm's attorneys explain how liability is proven in New York motor vehicle cases, including the evidence needed and the legal standards that apply. These principles apply directly to motorcycle accident claims.
What a Queens Motorcycle Accident Lawyer Can Recover for You
Because motorcyclists are excluded from no-fault benefits, the liability claim or lawsuit is the only path to financial recovery. That makes it critical to pursue every type of damages available.
Economic Damages
- Medical expenses — Emergency treatment, surgery, hospital stays, rehab, prosthetics, and ongoing care. Motorcycle injuries are often severe, and medical costs can be enormous.
- Future medical care — Long-term treatment for traumatic brain injuries, spinal cord damage, chronic pain, and permanent disability.
- Lost wages and lost earning capacity — Pay for income you have already lost and for reduced ability to earn in the future.
- Property damage — Motorcycle repair or replacement, riding gear, and other personal property.
Non-Economic Damages
- Pain and suffering — Usually higher in motorcycle cases because of how severe the injuries tend to be.
- Loss of enjoyment of life — You may never ride again, or your injuries may prevent activities you once loved.
- Emotional distress and PTSD — Common after motorcycle crashes and compensable under New York law.
- Disfigurement and scarring — Road rash, burns, and surgical scars can cause lasting physical and emotional harm.
- Loss of consortium — A spouse's claim for the loss of companionship and support.
Wrongful Death Damages
When a motorcycle accident is fatal, surviving family members can seek compensation for burial costs, loss of financial support, and loss of companionship.
Punitive Damages
In extreme cases involving drunk driving, road rage, or reckless conduct, punitive damages may be available to punish the wrongdoer and deter similar behavior.
New York has no cap on personal injury or wrongful death damages. We also advise clients to reach Maximum Medical Improvement (MMI) before settling, so the full extent of injuries is documented and your compensation reflects the true cost of your recovery.
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Compensation for Motorcycle Accident Victims:
Economic Damages:
- Medical expenses (ER, surgery, rehab)
- Future medical care and ongoing treatment
- Lost wages and lost earning capacity
- Property damage (motorcycle, gear)
Non-Economic Damages:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress and PTSD
- Disfigurement and scarring
- Loss of consortium (spouse's claim)
Wrongful Death Damages:
- Burial and funeral costs
- Loss of financial support
- Loss of companionship
Punitive Damages (Rare):
- Available in extreme cases involving drunk driving, road rage, or reckless conduct
New York has no cap on personal injury or wrongful death damages. Wait for Maximum Medical Improvement (MMI) before settling.
Our track record in motor vehicle cases shows what strong advocacy can achieve:
$650,000 — Motorcycle passenger struck by a police car, suffering a fractured jaw that required surgery. This case demonstrates our ability to hold government vehicles accountable.
$997,997 — Taxi driver struck head-on by a truck, requiring back surgery. This recovery reflects our ability to build strong cases in severe motor vehicle collisions.
$750,000 — Passenger in a work vehicle accident requiring both neck and back surgery. Multi-surgery cases demand strong advocacy.
$675,000 — Rear-ended by a tractor trailer, requiring arthroscopic surgery on both shoulders. The risk smaller vehicles face from larger ones mirrors the motorcycle-versus-car dynamic.
$1,200,000 — An 83-year-old pedestrian struck by a vehicle, sustaining multiple fractures. Our highest motor vehicle recovery shows the firm's ability to get maximum compensation in catastrophic injury cases.
Prior results do not guarantee a similar outcome.
What's in this video?
The Orlow Firm's attorneys explain the types of compensation available in New York motor vehicle accident cases, including medical expenses, lost wages, and pain and suffering. These same categories apply to motorcycle accident claims.
Dangerous Motorcycle Routes and Intersections in Queens
Knowing where crashes happen most often helps riders stay alert. It also helps a Queens motorcycle crash lawyer build a stronger case by documenting the conditions at the scene.
Northern Boulevard — Our analysis shows Northern Boulevard is Queens' most dangerous road, with 2,330 collisions and 1,131 injuries from 2019 to 2025. This wide, multi-lane road with heavy traffic and active construction zones puts motorcyclists at high risk.
Queens Boulevard — Known as the "Boulevard of Death," Queens Boulevard recorded 1,769 crashes and 807 injuries. Its many lanes, high speeds, and complex intersections make it one of the most dangerous roads in the borough for riders.
Roosevelt Avenue — With 785 crashes but 7 fatalities, Roosevelt Avenue has the deadliest per-crash rate among major Queens corridors. The tight mix of pedestrians, cyclists, and double-parked vehicles creates unpredictable hazards for motorcyclists.
Woodhaven Boulevard — 1,275 crashes and 6 fatalities, with added danger near the Belt Parkway interchange where merge patterns put riders at risk.
Long Island Expressway (I-495) and Van Wyck Expressway (I-678) — Major highways through Queens where high-speed merge and exit ramps are especially dangerous for motorcycles. Heavy traffic to and from JFK Airport on the Van Wyck adds to the risk.
Cross Island Parkway — Winding road sections and aggressive merging traffic create dangerous conditions for riders.
Motorcycle season in NYC runs roughly April through October, and crashes spike during these warmer months. Riders should take extra care during the 2 PM to 6 PM afternoon rush, which accounts for 30.4% of all Queens crashes.
Our analysis of neighborhood-level data shows that Jamaica has the highest crash count in all of Queens, with 14,652 crashes, 6,736 injuries, and 40 fatalities from 2019 to 2025. South Queens neighborhoods like Howard Beach, Ozone Park, and Richmond Hill follow closely with 14,191 crashes and 37 fatalities. Far Rockaway has the highest fatality rate per crash in Queens at 3.90 per 1,000 crashes.
Injured riders in these areas are typically treated at NYC Health + Hospitals/Queens in Jamaica, NYC Health + Hospitals/Elmhurst, Mount Sinai Queens in Astoria, or Long Island Jewish Medical Center near the Queens border. Cases are filed at Queens County Supreme Court in Long Island City (25-10 Court Square).
Our main office at 71-18 Main Street in Flushing sits at the center of Queens, directly accessible from the routes motorcyclists travel daily. The Orlow Firm has been in this borough since 1982. Adam Moses Orlow, Managing Partner and former President of the Queens County Bar Association, brings deep community roots and local knowledge to every case we handle.
Frequently Asked Questions About Queens Motorcycle Accident Claims
How long does a motorcycle accident case take in Queens?
Most motorcycle accident cases in Queens take 12 to 24 months to resolve. Complex cases may take longer. The timeline depends on injury severity, the discovery process, and whether the case settles or goes to trial at Queens County Supreme Court.
What if the driver who hit me was uninsured?
You may still recover compensation through your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) policy. If you carry no UM/UIM coverage, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide limited benefits as a last resort. A Queens motorcycle accident lawyer can review your policies and find every available source of payment.
Can I still ride while my case is pending?
Yes, there is no legal ban on riding while your case is active. But document any ongoing pain or limits you deal with while riding. This evidence supports your claim for pain and suffering and loss of enjoyment of life.
Do I need a police report to file a motorcycle accident claim?
A police report helps but is not strictly required to file a claim. New York law requires drivers to file an MV-104 accident report for any collision involving injury or property damage over $1,000. If police did not respond, you can still pursue a claim with other evidence.
What if my motorcycle accident was caused by a road defect or pothole?
You may have a claim against the City of New York or the responsible government entity. These claims require filing a Notice of Claim within 90 days of the accident. Missing this deadline can end your right to sue, so contact an attorney right away.
How much does it cost to hire a motorcycle accident lawyer?
The Orlow Firm works on contingency. You pay no attorney fees unless we win your case. The initial consultation is free, and we advance all costs of litigation. You owe nothing out of pocket at any point. This is standard for personal injury firms in Queens.
Can a passenger on my motorcycle file a separate claim?
Yes, motorcycle passengers have their own legal claims for their injuries. The passenger can file against the at-fault driver, and in some cases against the motorcycle operator too. Our firm recovered $650,000 for a motorcycle passenger struck by a police car.
What if the other driver says the accident was my fault?
New York's pure comparative negligence law means you can still recover compensation even if you were partly at fault. Your damages will be reduced by your share of responsibility, but never wiped out. Insurance companies often try to blame motorcyclists. An experienced attorney can fight back with evidence.
Sources & Official Resources
New York Laws Cited
- NY Insurance Law 5103(a) -- Motorcycle No-Fault Exclusion
- NY Insurance Law 5102(d) -- Serious Injury Threshold
- VTL 381 -- Motorcycle Equipment (Helmet, Eye Protection)
- VTL 1252 -- Motorcycle Lane Usage
- CPLR 1411 -- Pure Comparative Negligence
- CPLR 214 -- Statute of Limitations (Personal Injury)
- EPTL 5-4.1 -- Wrongful Death Statute of Limitations
- General Municipal Law 50-e -- Notice of Claim (90-Day Requirement)
- NY General Obligations Law 11-101 -- Dram Shop Liability
Statistics Sources
- NYC DOT Motorcycle Safety Study
- NYC DOT Press Release -- Expanded Motorcyclist Safety Enforcement (2024)
- NYC DOT Press Release -- Traffic Deaths Reach All-Time Low (2026)
Helpful Resources
Data Methodology Borough and neighborhood breakdowns were calculated by The Orlow Firm's research team from publicly available NYC Open Data records. Motor Vehicle Collisions -- Crashes (NYPD, 2019-2025) data is published at the intersection/street level. We aggregated these records to produce the Queens-specific statistics cited above, as city agencies do not publish pre-calculated borough-level breakdowns for all metrics.
Contact a Queens Motorcycle Accident Lawyer Today
If you or a loved one has been injured in a motorcycle accident in Queens, do not face the insurance companies alone. Without no-fault coverage, every dollar of your recovery depends on building a strong liability case. That starts with choosing the right attorney.
The Orlow Firm has protected injured riders across Flushing, Jamaica, Astoria, Elmhurst, and all of Queens for over 40 years. You will work directly with a partner, not a junior associate.
Call (646) 647-3398 for a free consultation. We work on contingency -- you pay nothing unless we win your case.
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What's in this video?
The Orlow Firm's attorneys explain what sets the firm apart, including their 40-year Queens presence, personalized attention from partners, and contingency fee structure.
