Yes, a motorcycle passenger can sue the driver of the motorcycle in New York if the driver’s negligence caused the accident and resulted in injuries. Unlike car occupants, motorcycle passengers are not covered by New York’s no-fault insurance system, so they must pursue compensation directly from the at-fault party’s liability insurance.

What does this mean for your claim? An injured passenger can file a personal injury lawsuit against the motorcycle driver to recover damages for medical expenses, lost wages, and pain and suffering. However, the passenger’s compensation may be reduced if they are found partially at fault, such as knowingly riding with an intoxicated driver.

Motorcycle accident victims in New York are not covered by the state’s no-fault insurance system, so you must pursue compensation directly from the at-fault parties If you are injured in a motorcycle accident caused by a drunk driver in New York, you have the right to pursue legal action against several potential parties, including but not limited to:

The Drunk Driver: The intoxicated driver is the main party you can sue. Driving under the influence is considered “negligence per se,” meaning the drunk driver is automatically presumed negligent for causing the crash. You do not need to prove they acted unreasonably, just that they were intoxicated and caused the accident. You can seek compensation for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages meant to punish egregious misconduct.

The Bar, Restaurant, or Alcohol Vendor: Under New York’s Dram Shop Law, you may also sue a business or individual who unlawfully sold or provided alcohol to the drunk driver. This applies if the establishment served alcohol to someone who was visibly intoxicated or underage, and that person then caused your accident. (Note: You must show that the vendor’s actions directly contributed to the driver’s intoxication and the resulting crash.)

Vehicle Owners: If the drunk driver was operating a vehicle owned by someone else, the owner may be held liable under New York’s “vicarious liability” laws. For instance, if the driver was working at the time of the crash (e.g., for a rideshare company), their employer could be responsible under certain circumstances. You may wish to speak with a rideshare accident lawyer to discuss your claim.

Your Own Insurance: If the drunk driver lacks sufficient insurance, you may file a claim under your own uninsured/underinsured motorist UM/UIM) coverage. (Note that, as with other types of personal injury claims, comparative negligence rules apply: if you are found partially at fault, your compensation may be reduced by your percentage of fault.)

If the at-fault driver’s insurance policy falls short of covering your damages, you have several important options in New York:

First, you can turn to your own insurance policy if you have underinsured motorist (UIM) coverage. This type of coverage is designed to bridge the gap when the at-fault driver’s policy limits are too low to pay for all your damages. Your UIM coverage can help pay for medical bills, lost wages, and other expenses up to the limits of your own policy. 

If your losses still exceed what insurance will pay, you may be able to file a personal injury lawsuit against the at-fault driver to recover the remaining damages. However, collecting from an underinsured driver can be challenging if they lack significant assets. In these situations, consulting an experienced motorcycle accident attorney is highly recommended. 

Speak to a Long Island, NY Motorcycle Accident Lawyer

Compensation in motorcycle accident cases is determined by evaluating both economic and non-economic damages, as well as considering factors like liability and insurance coverage. Here’s how the process typically works:

• Medical Expenses: Includes hospital bills, surgeries, rehabilitation, prescription medications, and anticipated future medical costs.
• Lost Wages: Compensation for income lost due to time away from work, as well as loss of future earning capacity if injuries prevent a return to work.
• Property Damage: Costs to repair or replace the motorcycle and any other damaged personal property.
• Pain and Suffering: Physical pain, emotional distress, and loss of enjoyment of life.
• Emotional Distress: Anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident.
• Diminished Quality of Life: Inability to participate in hobbies or daily activities as before.

If you have been injured in a motorcycle accident, you need a personal injury lawyer. Grennan Law is here to help you resolve your motorcycle accident claim. Call us for a free consultation: 516-745-5490.

You should consider hiring a New York motorcycle accident attorney as soon as possible after an accident, especially if you have suffered injuries, face significant medical bills, or are dealing with lost wages. An attorney is particularly important when the insurance company offers a low settlement, disputes liability, or tries to shift blame onto you. 

Because New York’s no-fault laws do not cover motorcyclists, you must pursue compensation directly from the at-fault party’s insurance, which can be a complex and adversarial process. An experienced lawyer can help you gather evidence, accurately calculate your damages, and negotiate with insurers to ensure you receive fair compensation.

If your accident involves multiple parties, catastrophic injuries, wrongful death, or a government entity, a personal injury attorney will prove invaluable. Even if your injuries seem minor, consulting a lawyer early can help you avoid costly mistakes and maximize your recovery, allowing you to focus on healing while your legal team handles the details.

Call Grennan Law to learn how we can help: 516-745-5490.

In New York, the statute of limitations for filing a personal injury lawsuit after a motorcycle accident is generally three (3) years from the date of the accident. This means you must initiate legal action within three years, or you risk losing your right to seek compensation for injuries, medical expenses, lost wages, and other damages resulting from the crash.

If the accident resulted in wrongful death, the statute of limitations is two (2) years from the date of death. 

Claims against government entities (e.g., city or municipal vehicles) require a formal notice of claim to be filed within 90 days of the accident, and the lawsuit itself must be filed within a shorter period. 

Additionally, if the injured party is a minor or was incapacitated at the time of the accident, the filing window may be extended. 

Because missing these deadlines can permanently bar your claim, it is crucial to consult with an experienced attorney as soon as possible to ensure your rights are protected.

Motorcycle accidents are often the result of a combination of rider behavior, other drivers’ actions, and environmental factors. The most frequent causes include:

• Failing to look for motorcycles before making a left turn;
• Changing lanes without properly checking blind spots for approaching motorcyclists;
• Tailgating or following motorcycles too closely; or
• Opening a parked car door into the path of an oncoming motorcycle.

Motorcyclists have the same rights and responsibilities on the road as drivers of cars, trucks, and other vehicles. If a driver puts a motorcyclist at risk, the rider is entitled to seek full and fair compensation for any injuries they suffer.

If you’ve been hurt in a motorcycle accident in New York, reach out to Grennan Law before taking any further steps. Our motorcycle accident attorneys in Long Island, NY, are here to listen to your story, build a strong case on your behalf, and fight to obtain the full and fair compensation you deserve for your injuries.

Contact a Long Island Motorcycle Accident Lawyer