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Motorcycle Accident Lawyers in Westchester County, NY

Thanks to unfair biases and uninformed prejudices, motorcycle riders face an uphill battle after an accident. But we know the tactics insurance companies use to minimize your claim, and our team has a proven track record of overcoming common biases and securing the compensation you deserve. Let our experience work for you.

Stanley A. Tomkiel, IIIMatthew Tomkiel
Motorcycle Accidents
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    Cerebral Palsy suffered by triplets due to medical malpractice in their prenatal and perinatal care and treatment.

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    Verdict for child and parent for Brainstem injury with developmental delays resulting from mismanagement of shoulder dystocia during delivery of newborn.

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    Delayed diagnosis of meningitis in toddler causing hearing loss with cochlear implants.

Table Of Contents

Understanding NY’s No-Fault Insurance Laws

Motorcycle accidents bring a unique layer of complexity due to New York’s no-fault insurance system. This is because most New York motorcycle insurance doesn’t include personal injury protection (PIP), which means you usually can’t get no-fault benefits from your own insurance to pay for immediate medical bills and lost wages. 

As a result, filing a lawsuit against the at-fault driver is often the only way to recover compensation for medical expenses, lost income, and other damages. However, in cases of severe injury (loss of limb, significant disfigurement, etc.) your motorcycle insurance might allow you to pursue a claim against the at-fault driver.

Because the rules surrounding motorcycle accidents and insurance are complex, working with a reputable motorcycle accident attorney is crucial. They will analyze your specific policy to determine any possible exceptions and build a strong case to prove the other driver’s fault and maximize your compensation.

How Our Westchester Attorneys Build a Winning Motorcycle Accident Case

Here’s how we approach your case to maximize your chances of success:

  • Investigating Thoroughly: We will secure police reports and witness statements, analyze the accident scene, and potentially hire accident reconstruction experts to build a strong case.
  • Overcoming Biases: We know how to counter unfair stereotypes, focusing instead on the at-fault driver's negligence and the accident’s impact on your life.
  • Calculating Your Full Damages: We’ll identify any possible compensation you may be eligible for, including medical bills, lost wages, and non-economic damages like pain and suffering.
  • Aggressively Negotiating and Litigating: Whether we're negotiating with insurance companies or taking your case to trial, we'll fight tirelessly on your behalf.

No Recovery, No Fee: Get Your Free Motorcycle Accident Case Review

You shouldn’t have to worry about legal fees in the wake of an accident. That’s why you pay nothing unless we win your case, which means you can focus on your recovery and let us fight for you. Contact us today for a free case review and start rebuilding your life.


Common Traumas After a Motorcycle Accident

Due to a motorcycle’s inherent lack of protection, bikers are incredibly vulnerable in an accident. Common injuries include:


Broken bones are common, particularly in the arms, legs, and ribs.

Head Injuries

Even with a helmet, head injuries can be severe. Traumatic brain injuries (TBIs) can have lasting consequences for a victim’s cognitive and emotional well-being.

Spinal Injuries

Damage to the spinal cord can cause devastating injuries, impacting a victim’s life forever.


Burns from fires or contact with hot engines can lead to disfigurement and long-term complications.

Catastrophic Injuries

This includes amputations, organ damage, and other injuries that have lifelong consequences and require extensive medical care.

Knee Injuries

Knees striking the motorcycle, pavement, or other vehicles often result in torn ligaments, dislocations, and the need for surgery.


Severe spinal cord injuries can cause partial or full paralysis, significantly altering the victim’s quality of life and ability to work.

& More

Motorcycle accidents can lead to a wide array of injuries. If you or a loved one has been hurt in a motorcycle crash, our attorneys are here to help you navigate the legal process and fight for the compensation you need to recover.

What Should I Do If a Family Member Is Killed in a Motorcycle Accident?

If another driver’s negligence caused the motorcycle accident that tragically took the life of your loved one, you may be entitled to file a wrongful death claim to seek justice. Our attorneys have extensive experience handling wrongful death cases, understand the unique challenges and legal complexities involved, and are dedicated to helping families navigate this difficult time. 

Our team will thoroughly investigate the motorcycle accident, gather evidence, and work tirelessly to hold the at-fault party accountable. We will fight to secure compensation for medical bills, funeral expenses, lost income, and the immeasurable loss of companionship. Contact us today to discuss your case and learn how we can help you pursue a wrongful death claim.

Common Causes of Motorcycle Accidents

While bikers can sometimes contribute to an accident, motorcycle accidents are overwhelmingly caused by the negligence of other drivers. Here are some of the most frequent causes:

Dangerous Left-Hand Turns

A leading cause of accidents, drivers often turn left into oncoming motorcyclists, misjudging the biker’s speed or even failing to see them.

Lane Changes

Drivers often carelessly merge or change lanes without checking their blind spots, side-swiping motorcyclists or causing them to swerve.

Distracted Driving

Distractions like texting and talking on the phone can make drivers oblivious to motorcycles.

Drunk Driving

Impaired drivers have slower reaction times and make careless maneuvers, increasing the risk of hitting a motorcyclist.

Road Hazards

Potholes, uneven pavement, and debris pose an increased danger to motorcyclists, who must maintain careful balance while riding.


Drivers exceeding the speed limit have less time to react and cause more severe impacts.

Aggressive Driving

Tailgating, cutting off motorcyclists, or other aggressive behaviors put riders at significant risk.

Regardless of the cause of the accident, a reputable motorcycle accident injury is ready to fight for your rights and help you pursue the compensation you deserve.

Motorcycle Accident Liability: Who Pays for Your Injuries?

Determining who is responsible for paying after a motorcycle accident can be complicated. After all, your insurance may not provide motorcycle accident compensation as they would for car accidents. 

Here’s what you need to know:

  • New York’s No-Fault Limitations: Since motorcycles are exempt from typical no-fault insurance, you generally cannot make a claim with your insurer unless you’ve suffered specific and severe injuries.
  • Focus on the At-Fault Driver: In most cases, the driver who caused your accident can be held liable for your medical expenses, lost wages, and other losses.
  • Proving Negligence: This requires demonstrating that the other driver breached their duty of care (e.g., texting while driving, running a red light) and that this breach caused your accident and injuries.

With that in mind, there are a few parties who may bear financial liability for your injuries:

  • The driver of another vehicle.
  • A government entity (if poor road conditions contributed to the accident).
  • The motorcycle manufacturer (in rare cases with defective parts).

Unfortunately, motorcycle accident liability is rarely clear-cut, so working with an attorney is vital. A motorcycle accident attorney will investigate thoroughly, build a strong case, and pursue all avenues of compensation to ensure you are fully compensated for your injuries.

Types of Compensation You May Be Entitled to After a Motorcycle Crash

Motorcycle accidents can cause severe injuries that leave you facing a long recovery and financial hardship. Compensation aims to address these burdens and may include:

Medical Expenses

Such as hospital bills, assistive devices like wheelchairs, in-home medical care, or modifications to your home.

Lost Income

Wages you miss out on while unable to work or if you have to take a lower-paying job due to your injuries.

Pain and Suffering

Compensation for physical pain, emotional distress, and the impact on your quality of life.

Property Damage

The cost of repairing or replacing your damaged motorcycle and other personal property.

Out-of-Pocket Expenses

Including transportation costs for medical appointments, childcare, or other unexpected expenses incurred due to the accident.

Punitive Damages

In rare cases, punitive damages may be awarded if the at-fault driver's actions were grossly negligent.

Because there are various forms of compensation you may be eligible for, contact an attorney to identify any kinds you can pursue in your case.

How Much Time Do You Have to Start a Motorcycle Accident Lawsuit in Westchester?

You have a limited amount of time to file a lawsuit after a motorcycle accident in New York State (known as the statute of limitations). Typically, this is three years from the date of the accident. If you’re filing a wrongful death claim, the deadline is usually two years. 

However, there may be various exceptions depending on your circumstances. For example, if a city bus, police vehicle, or poor road conditions were involved in the accident, you may need to file a Notice of Claim within just 90 days. To ensure you don’t run afoul of special deadlines, contact a motorcycle accident attorney.

What If I Was Partially at Fault for the Accident? 

What if I was partially at fault for the accident? New York follows comparative fault rules. This means that even if you were partially at fault, such as exceeding the speed limit, you are not necessarily prohibited from seeking compensation. However, if a court finds that you carry a certain percentage of fault for the accident, your damages may be reduced by that same percentage.

Notably, if you were not wearing a helmet, you may still be eligible for compensation — even though New York law requires all motorcyclists to wear helmets. Even if you made a mistake, the driver who caused the accident still bears primary responsibility.

Why do you need an attorney? Insurance companies will try to place all the blame on you. An experienced attorney will fight to minimize the impact of your fault and maximize your potential compensation. In the case of a burned-out headlight, for example, a thorough investigation will consider all factors, including road visibility, the other driver’s actions, and whether your lack of headlight directly caused the accident.

Motorcycle accident attorney Westchester NY

The Other Driver’s Insurance Offered Me a Quick Settlement — Should I Take It?

It’s natural to be tempted by a quick payout after a motorcycle accident. However, initial offers from insurance companies are almost always far below what your claim is actually worth and rarely factor in the full extent of your injuries, future medical needs, or long-term impact on your earning capacity. After all, insurance companies aim to minimize their payouts, and they’re not looking out for your best interests.

By signing a quick settlement, you likely waive your right to sue for any further compensation, even if you later discover your injuries are more severe than initially thought.

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Why Choose Tomkiel & Tomkiel

40+ Years of Experience

We’ve honed our skills over countless motorcycle accident cases in Westchester County and throughout New York, getting results for our clients.

Proven Success

Our track record speaks for itself. We’ve secured substantial settlements and verdicts for motorcycle accident victims.

Personalized Approach

Your case isn’t just about numbers. We’ll listen carefully to your story, address your concerns, and keep you informed throughout the process.

We Know How to Fight Bias

Insurance companies often try to blame the motorcyclist. We counter those tactics, focusing on the at-fault driver’s negligence and securing the compensation you deserve.

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Motorcycle Crash? Turn Your Pain Into Compensation.

You’re not alone in this. Get the guidance and support you need to rebuild your life. Contact us today for a free consultation.

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