Lemmo Law - Manhattan- NYC- Motorcycle Accident Lawyer 

Posted by Edward LemmoMay 01, 20240 Comments

Lemmo Law - Manhattan- NYC- Motorcycle Accident Lawyer 

Attorney Ed Lemmo and his team at the Lemmo Law Firm are skilled at helping win motorcycle accident cases. Call (646) 522-9082 for a free consultation or complete the online form and we'll get right back to you. Here is more about  New York City Manhattan motorcycle accident law and the Types of Damages You Can Claim.

How can you protect yourself from hit and run vehicles if you're the operator of a motorcycle in NY ? . 

Recently I obtained a client who was injured when he was rear ended by a hit and run driver of a car on a highway in NYC.  He broke some fingers, had ligament damage, road rash and luckily no surgery was required. He had an insurance policy that provided minimal insurance coverage for a hit and run driver of another vehicle. In his case the police are aware that drivers of illegal cars put illegal plates on vehicles in New York . 

  Ghost Cars 

A multi-agency task force in New York City is now in place to combat the growing number of drivers trying to skirt tolls and traffic violations with fake license plates.

The agencies involved say it is something they've all been doing separately -- now they're doing it together and with more urgency as congestion pricing approaches.

The task force is dedicated to identifying and removing so-called "ghost cars" -- which are cars that are untraceable by traffic cameras and toll readers due to forged or altered license plates. Govenor Kathy Hochul of NY and Major Adams are launching this city-state task force, we are sending a clear message: if you attempt to alter your license plate to avoid traffic cameras and toll readers, you will be caught," Hochul said. "The safety of New Yorkers is my top priority and in partnership with Mayor Adams and law enforcement, we will swiftly remove elusive vehicles from our roads. "The main goal is to remove cars with fake or modified license plates and those with no tags at all. Officials say those cars are often unregistered, uninsured or even stolen.

 No Fault Insurance is not  available to motorcycle riders, but proof of serious injury from the accident is not a condition  to obtain  money at trial 

Under New York law the motorcycle operator is not required to prove a serious injury to recover money in  Court , unlike a passenger or operator of a car involved in an accident. 

f you are seriously injured in a motorcycle wreck, you may have grounds to sue the person responsible. This may lead to a damage award that can be used to financially compensate you for your injuries. You may also receive additional amounts for any pain and suffering that was caused. Having a qualified motorcycle accident lawyer on your side can help ensure that you get the compensation you deserve.

How Can Our Motorcycle Accident Attorneys Help You With Your Claim?

How Can Hasner Law Help Me After an Accident?

In the aftermath of a New York City  motorcycle accident, you want to spend your time focusing on your recovery. You don't want to waste it dealing with insurance adjusters .

Insurance companies will do whatever they can to minimize payouts–and maximize their profits–and they employ trained professionals to do so. Fortunately, the  Manhattan New York City personal injury lawyers at Lemmo Law  are  willing to fight and take on the insurers and will fight to get you money that  you deserve.

Lemmo Law has years of experience  fighting with insurance companies on behalf of our clients. When you hire us to represent you in a New York City  motorcycle accident case near you we will:

  • Investigate the accident, gather evidence, and evaluate all of the strengths and weaknesses of your case
  • Identify all negligent parties so they can be held responsible;
  • obtain your police report
  • Investigate if you have supplemental insurance for your claim through your insurance company. 
  • Argue your claim and negotiate with insurance companies on your behalf so that you receive a fair settlement offer
  • Advise you at every step of the way so you can make informed choices about your case

 At Lemmo Law  I am a trial attorney who will not hesitate to take your case to court if you haven't received the justice and money  you deserve.

After a motorcycle accident, you have enough to deal with. Let our team  at Lemmo Law take the burden of handling your compensation claim off your shoulders. Give our  NYC motorcycle accident attorneys a call today to discuss the details of your case.

NYC  Motorcycle Accident Statistics

By the numbers, New York City's fatal crash rate for motorcyclists (89 per 100,000 registered motorcycles) is nearly twice the fatal crash rate for New York State motorcyclists outside New York City (46 per 100,000 registered motorcyclists) and significantly higher than the national rate (56 out of every 100,000 .

NYC  Motorcycle Accident Injuries

Now, while only 4% of vehicle accidents result in visible or severe injuries, 56% of motorcycle accidents result in severe injuries. The most common motorcycle injury is a lower limb fracture. Traumatic brain injuries are also common in motorcycle accidents. They also cause the highest number of motorcycle accident fatalities. However, wearing a helmet makes it far less likely that the rider will suffer a traumatic brain injury.

Causes of  NYC  Motorcycle Crashes

The most common cause of motorcycle crashes involve a driver losing control of the bike. Other frequently cited causes are:

  • Following too closely
  • Speeding
  • Hitting an object or animal, and
  • DUIs.
  • Commonly Cited Causes in Motorcycle Injury Crashes*
    Vehicle Type
    Vehicle movement Motorcycle injury crashes All other Motor Vehicle
    injury crashes
    Overtaking 14% 6%
    Rear End 12% 20%
    Right Angle 11% 11%
    Left Turns 10% 4%
    NYSDOT 2010-14
    *Injury crashes as a percent of known crashes
    Overtaking, when a vehicle tries to pass another vehicle

Alcohol use is often highlighted as a major issue contributing to motorcycle fatalities
nationwide. In 2014, 30 percent of all fatally injured motorcycle riders in the U.S. had
Blood Alcohol Content (BAC) levers over the legal limit of .08.11
In New York City, only about 14 percent of motorcycle rider fatalities who were tested
had a BAC over the legal limit of .08, and about 17 percent had a BAC greater than or
equal to .05. Motor vehicle rider fatalities that were tested over the same period had a
BAC over the legal limit in 39 percent of cases. 12 This data shows that, while alcohol
consumption is a contributing factor for motorcycle rider fatalities, the problem appears
to be a less prominent contributing factor than in other parts of the U.S., and less of a
factor than in other fatality cases in New York City.
Helmet Use
NYCDOT also examined the presence of helmets in motorcycle fatality cases.
According to NHTSA, helmets are estimated to be about 37 percent effective in
preventing fatal injuries for motorcycle riders and 41 percent effective for motorcycle
Where data was known for New York City fatality cases, 93 percent of motorcycle rider
fatalities were wearing a helmet. However, of these, 25 percent were not wearing a
USDOT approved helmet or did not have the helmet properly fastened. In 29 percent of
all cases, the data was “unknown” or not recorded.13 The percent of motorcyclists
involved in fatal crashes on a national level who were wearing helmets is considerably
lower. According to NHTSA, only 62 percent of motorcycle riders in 2014 (where data
was known) were wearing helmets at the time of a fatal collision.
Field Observations
Along with the data analysis which contributed to this report, NYCDOT conducted a
number of field surveys. These observations allowed for better understanding of how
12 motorcycles and other motorized two-wheelers are used on a daily basis on New York
City streets.
Sample Counts were conducted at the following locations:
 Williamsburg Bridge, EB and WB approaches
 Brooklyn Bridge, EB and WB approaches
 10th Avenue, Manhattan (between West 17th & West 18th St)
DOT observed a number of characteristics during these surveys. Helmet

The New York City Motorcycle Safety Study is a comprehensive study which examines
the state of motorcycle safety within the five boroughs. The New York City Department
of Transportation (“DOT”) carefully examined the available data to determine the who,
when, where and how of motorcycle crashes in New York City. The report authors
worked closely with partner agencies and DOT staff to craft a set of goals and
recommendations aimed at increasing safety and reducing the number of serious
injuries and fatalities resulting from motorcycle crashes.
In 2015, New York City recorded its fewest number of motorcyclist fatalities since 1998.
However, DOT believes more can be done to understand the causes behind motorcycle
deaths, and to increase safety for motorcyclists and other users on New York City
A review of motorcycle crash data in New York City, in addition to a review of literature
and an examination of recent fatal motorcycle crashes reveals that:
Motorcyclists in New York City are at disproportionate risk of death
 Only 2 percent of registered vehicles in New York City are motorcycles, yet from
2010-14, motorcyclists accounted for 14 percent of traffic fatalities in New York
 New York City's fatal crash rate for motorcyclists is nearly twice rate for New
York State motorcyclists.
 43 percent of fatality cases involved a motorcycle rider who was not properly
licensed to operate the vehicle.
 56 percent of motorcycle rider fatalities were under the age of 35.
 Nearly 100 percent of motorcycle fatalities are male riders.
 Motorcycle injury crashes are more likely to occur during afternoon or evening
hours, and on weekends.
 The number of motorcycle injury crashes increases dramatically during summer
 Excessive alcohol use was less prevalent in motorcycle riders involved in fatal
crashes than in most motor vehicle driver fatalities in New York City, or in
national motorcycle rider fatalities.
 Unlike pedestrian and motor vehicle KSI (Killed or Seriously Injured) crashes,
motorcycle KSI crashes reveal few crash “hotspots.”
 The majority of motorcycle fatality crashes occur on city streets, rather than
 Motorcycle injury crashes are likely to involve another vehicle, not only the
motorcycle rider.
 The collision types most often cited in motorcycle injury crashes indicate that
visibility is an issue for motorcyclists and motor vehicle drivers

If you've been in an New York City  motorcycle accident, it's important that you understand all of your legal rights and options. Give the team at  Lemmo Law  a call to learn more.

How to Bring a Lawsuit Based on Negligence

How to Bring a Lawsuit Based on Negligence

If you would like to sue someone for injuries you sustained in a motorcycle accident near you, in most cases you must prove that they acted negligently. Negligence occurs when someone fails to act as a reasonable person would have acted under the circumstances.

For example, if you were hit by a driver that was texting while driving, this would likely be considered negligent behavior. This is because texting behind the wheel is not something a reasonable driver would be doing.

Once you establish that a driver acted negligently, you would then need to prove that their negligence caused your injury. Now, if we take the same set of facts from above, it would be difficult to prove causation if, for example, a bus lost control of its brakes and collided with the texting driver's car from behind.

Let's say their car was pushed into the intersection that you were lawfully crossing, leading to a collision with your motorcycle. In this case, it would be difficult to say that the driver's negligence in texting while driving was the cause of the accident.

Finding Fault When Both Drivers Are to Blame

ding Fault When Both Drivers Are to Blame

Automobile accidents often involve more than one person at fault. This would mean that both drivers (or more) failed to act reasonably under the circumstances. But, even if you were partially to blame for the accident, you may still be able to receive compensation.

Under New York law  you can bring an accident claim for damages  . The jury has the right to assign a percentage of fault up to 100 % as  long as the total percentage of fault of both drivers  equals 100  percent. 

In addition, your motorcycle must be legal for the road, which requires:

  • Working turn signals
  • Handlebars not exceeding 25” above the operator's seat
  • Functioning headlights/taillights that are illuminated at all times, and
  • Mirrors.

In  New York City  , lane-splitting, which involves a motorcyclist riding on the white line to drive between cars, is illegal. Further, it's against the law to drive under the influence of alcohol or other drugs that impair your ability to operate a vehicle. This would include the use of prescription medications.

A qualified  New York motorcycle accident attorney can help evaluate your case and advise you on how best to proceed.

What to Do After a  New York City  Motorcycle Accident

Getting into an accident can leave you pretty shaken up. But, it's important that you follow a few basic steps, both for your own safety and to help preserve evidence for any potential personal injury claims.

First and foremost, it's critical that you obtain all necessary medical care. Also, make sure that everyone involved in the accident is safe, and follow any directions issued by medical care providers.

Next, you'll want to contact your motorcycle insurance company and let them know about the accident. You will also need to report the accident to law enforcement. If you can, document the collision as best you can. This includes taking pictures of the condition of your motorcycle, making notes regarding the weather conditions and time of day, and writing down any other important information you remember.

Because this can be a stressful situation, it can be helpful to contact an motorcycle accident attorney at  Lemmo  Law  during this time for guidance.

Damages Available to Motorcycle Accident Victims in New York City 

If you can prove that someone was at fault for your motorcycle accident, you may be entitled to financial compensation in the form of a damages award.

Damages include amounts that can be calculated, such as:

  • Expenses for medical treatment,
  • Wages you lost due to the injury, and
  • Reimbursement amounts for property damage to your motorcycle or gear.

You may also be entitled to amounts for things that can't be so easily calculated. This might include money for:

If your loved one was killed in a motorcycle accident, you may also be entitled to compensation for wrongful death. This option is typically available for a spouse and/or any dependent children.

Wrongful death amounts can cover lost wages that account for what the deceased person would have earned in their lifetime. It can also include financial expenses, such as medical bills and funeral/burial expenses. Finally, you may be entitled to compensation for the loss of your loved one's care and companionship.

Contact an Experienced Motorcycle Accident Lawyer in Manhattan NYC Today

Note that under New York Law, you have three (3) years from the date of your accident to file a personal injury lawsuit. However, you'll want to move forward with your case as soon as possible. This will ensure that important evidence stays accessible, and witnesses remain available. Call Lemmo Law at 646-522- 9082.  We are available 24/7 to answer your questions. Or email me at [email protected]   I am very easy to talk with and if necessary will go to your home or hospital to answer questions you may have.