Queens Motorcycle Accident Attorney

Motorcycle crashes produce a distinctive pattern of injuries because the rider’s body absorbs forces that would be dissipated by a car’s frame. Even at low speeds, the injuries can be severe and life-changing.

• Traumatic brain injuries (TBI) are the leading cause of death and long-term disability in motorcycle crashes. A helmet dramatically reduces the risk of fatal head trauma, but it cannot prevent every concussion or brain injury. The CDC identifies traumatic brain injury as a major cause of death and disability.
• Spinal cord injuries can cause partial or complete paralysis. Even an incomplete spinal injury often results in chronic pain, mobility restrictions, and lifelong medical costs.
• Road rash sounds minor, but it is often a serious injury. When a rider slides across pavement, friction can remove skin down to muscle or bone, causing infections, permanent scarring, and the need for skin grafts.
• Fractures are extremely common. The forces involved in a motorcycle collision frequently shatter the bones of the arms, legs, wrist, and collarbone. Complex fractures often require surgical repair with plates and screws.
• Internal injuries (damage to organs, internal bleeding, collapsed lungs) can be life-threatening and are sometimes missed in the initial emergency room evaluation. Any rider involved in a significant crash should be evaluated by a physician, even if they feel fine at the scene.
• Amputations, burn injuries from fuel fires, and facial injuries, including dental damage and loss of vision, are also common in severe Queens motorcycle crashes.

Riders in Queens are subject to specific equipment rules under New York Vehicle and Traffic Law (VTL) § 381. These rules apply to every rider on a public highway in the state, and a violation can be used against you in a later injury claim.

Under VTL § 381(6), every motorcycle operator and passenger must wear a protective helmet that meets Federal Motor Vehicle Safety Standard No. 218 (the DOT certification standard). New York became the first state in the nation to adopt a universal helmet law in 1967, and the rule still applies to riders of all ages. There is no adult exemption of the kind found in some neighboring states.

Under VTL § 381(7), motorcycle operators must wear approved goggles or a face shield. Other subdivisions of the same statute govern handlebar height, lighting, and muffler requirements. Most violations of VTL § 381 are punishable by a fine of up to $100, up to 30 days of imprisonment, or both.

In a personal injury case, a helmet violation does not automatically bar recovery. Under New York’s pure comparative fault rule, a defense attorney may argue that head injuries would have been less severe with a helmet, and the jury can reduce your damages by your percentage of fault. Even riders who were not wearing a helmet may recover substantial compensation, particularly where the injuries are not to the head.

Key Takeaway: New York requires DOT-approved helmets and eye protection for every motorcyclist under VTL § 381. A violation affects comparative fault, not your right to sue. Contact K L Sanchez Law Office, P.C. to discuss your case and protect your rights.

The first steps after a crash shape the evidence that will support your claim months or years later. If you are physically able, take the following actions at the scene.

• Call 911 and request police and medical help. A police accident report creates an official record of the crash, and prompt medical treatment creates the paper trail connecting your injuries to the accident.
• Do not move unnecessarily if you suspect a serious injury. Let emergency responders stabilize you before you are moved.
• Get the other driver’s information. Name, address, driver’s license number, license plate, insurance carrier, and policy number.
• Identify witnesses. Get names and phone numbers of anyone who saw the crash. Independent witnesses are one of the most valuable forms of evidence in a disputed motorcycle case.
• Photograph everything you safely can. The motorcycle, the other vehicle, the roadway, skid marks, traffic signs, lighting, weather conditions, and your visible injuries.
• Do not give a recorded statement to the other driver’s insurer before speaking to an attorney. Adjusters are trained to ask questions that lock you into a version of events that helps the insurance company.
• Seek follow-up medical care even if you think your injuries are minor. Adrenaline masks pain, and some injuries (concussions, internal bleeding, soft tissue damage) appear hours or days later.