On a warm Sunday morning, Forest Park Drive winds under a canopy of oaks through Forest Park, past the bridle paths, Strack Pond and the old golf course, south of Forest Hills. Motorcycle riders love it, along with the run out to the Jackie Robinson Parkway and the streets of Forest Hills Gardens. Then they head back onto Queens Boulevard, Union Turnpike or Metropolitan Avenue, where the traffic is heavy, the drivers are distracted, and a rider is a small target.
Motorcycle crash victims face a problem other injured people rarely do: bias. Insurance adjusters, and sometimes jurors, start with an assumption that riders are reckless thrill-seekers who bring crashes on themselves. The truth is that many serious motorcycle crashes are caused by drivers who fail to see riders, especially when turning left. A motorcycle accident lawyer Forest Hills riders trust spends much of every case replacing assumptions with facts. Here is how.
The Bias, Named
Riders hear the same lines over and over: “He came out of nowhere.” “She must have been speeding.” “They weave through traffic.” Insurers use these narratives to argue comparative fault and lower offers. Some potential jurors share the bias. Recognizing it is the first step to overcoming it.
The Facts That Counter It
Fact 1: Left-turning drivers are a leading cause of serious motorcycle crashes
Safety research, including federal crash studies, has long identified the left-turning car crossing an oncoming motorcycle’s path as one of the most common and dangerous motorcycle crash types. Drivers misjudge a motorcycle’s speed and distance because of its narrow profile. Under Vehicle and Traffic Law Section 1141, the turning driver must yield to oncoming traffic, including motorcycles.
Fact 2: “I didn’t see him” is an admission, not a defense
Drivers have a duty to see what is there to be seen. A driver who looks and fails to see a visible motorcycle, or does not look at all, is negligent.
Fact 3: Data can show speed
Motorcycles and cars increasingly carry electronic data. The car’s event data recorder can show its speed and braking. Some motorcycles record data too. Accident reconstruction, using skid marks, crush damage and final rest positions, can estimate the motorcycle’s speed objectively.
Fact 4: Gear and training tell a story
A rider wearing a DOT helmet, armored jacket, gloves and boots, with a motorcycle safety course certificate and a clean riding record, does not fit the “reckless biker” stereotype. Document it.
The Legal Framework for Riders
No-fault excludes motorcyclists
Under New York’s no-fault law, motorcycles are not “motor vehicles” for purposes of no-fault benefits, so motorcycle operators and passengers generally cannot collect no-fault benefits for their own injuries, even when a car caused the crash. Health insurance usually pays medical bills first, and those costs are recovered in the claim against the at-fault driver. Riders should consider optional coverages and health insurance with this gap in mind.
The serious injury threshold usually does not limit riders’ claims
Because motorcyclists are outside the no-fault system, courts have generally held that they are not subject to the serious injury threshold that limits car occupants’ lawsuits for pain and suffering. A rider still must prove the driver’s negligence and the injuries, but can pursue pain-and-suffering damages without first proving a statutory “serious injury.”
Pure comparative negligence
New York follows pure comparative negligence (CPLR 1411). If a rider is found partly at fault, for example for speeding slightly, the recovery is reduced by that share, not eliminated. That is why fighting inflated fault claims matters so much.
Helmet law
New York requires all motorcycle riders and passengers to wear DOT-compliant helmets (VTL Section 381). Failure to wear one can be raised by the defense to argue head injuries were worse than they would have been, but it does not change who caused the crash.
Forest Hills Danger Zones for Riders
- Queens Boulevard, with left turns across the main road and service road merges.
- Union Turnpike, a fast arterial along Forest Park with turning traffic at Queens Boulevard and the Jackie Robinson Parkway ramps.
- Metropolitan Avenue, curving along the park’s south side with driveways and side streets.
- Woodhaven Boulevard, wide and fast with bus lanes.
- Forest Park Drive, beautiful but with blind curves, cyclists and pedestrians.
- Forest Hills Gardens, where narrow private streets and limited signage lead to intersection conflicts.
Building the Case
- Scene evidence: photos, measurements, skid marks, debris and road conditions.
- Video: storefront cameras on Queens Boulevard and Austin Street, doorbell cameras, and riders’ own helmet cameras.
- Witnesses: neutral witnesses are especially valuable against bias.
- Vehicle data: the car’s event data recorder and any motorcycle data.
- Police report: from the 112th Precinct, with contributing factors and any summons issued to the driver.
- Medical records: immediate and ongoing.
- Rider profile: licensing, training, gear and riding history.
Common Motorcycle Injuries
- Traumatic brain injuries, even with a helmet.
- Spinal injuries.
- Fractures of the legs, arms, pelvis and collarbones.
- Road rash and degloving injuries, sometimes requiring skin grafts.
- “Biker’s arm,” nerve injuries from bracing.
- Amputations in severe crashes.
What Riders Can Recover
Medical expenses (including bills paid by health insurance, which may assert a lien), lost earnings and earning capacity, pain and suffering, scarring and disfigurement, future care, and property damage to the motorcycle and gear. Custom bikes and quality gear can be expensive; keep receipts and appraisals.
Insurance Sources
- The at-fault driver’s bodily injury liability coverage.
- Uninsured/underinsured motorist coverage on your motorcycle policy, if purchased.
- Possibly coverage under a household auto policy, depending on its terms.
- Your health insurance for initial medical care.
Deadlines
- Personal injury lawsuit: generally three years.
- Wrongful death: two years.
- Notice of Claim against a public entity (road defects, city vehicles): 90 days.
- DMV accident report (MV-104): 10 days when required.
For New York motorcycle safety resources, see the New York State Motorcycle Safety Program. For federal safety data, see NHTSA motorcycle safety.
Riders Deserve a Fair Hearing
Mushiyev Law represents motorcycle riders and passengers across Queens and Nassau. We build cases with facts, not stereotypes. There is no attorney fee unless we recover money for you. Visit our home page or contact us.
Directions From Forest Hills to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From Forest Park Drive, head to Woodhaven Boulevard south, then the Belt Parkway east and the Cross Island Parkway to Rosedale.
A Forest Hills Example: The Union Turnpike Left Turn
Consider a hypothetical rider heading east on Union Turnpike on a Saturday afternoon, wearing a full-face helmet, armored jacket and riding boots. At an intersection near Forest Park, an oncoming SUV turns left across her lane toward a side street. She brakes hard but cannot stop, strikes the SUV’s passenger side and is thrown, breaking her femur and wrist.
The SUV driver tells police, “She came out of nowhere, she must have been flying.” The adjuster for the SUV’s insurer repeats that line in the first phone call and suggests 50 percent fault. Here is how the facts change the picture. A bus stop camera captures the intersection, showing the motorcycle traveling steadily in its lane with its headlight on. The SUV’s event data recorder shows it accelerating into the turn without slowing. An accident reconstruction expert, using the skid marks and crush damage, estimates the motorcycle’s speed at roughly the posted limit. A pedestrian waiting at the corner confirms the SUV turned without stopping. The rider’s motorcycle safety course certificate and spotless riding record round out the picture.
With those facts, the “reckless biker” story falls apart. The liability case rests where it belongs, with the driver who failed to yield. And because motorcyclists are generally not limited by the serious injury threshold, the rider can pursue full damages for her pain, surgery and recovery.
Practical Tips for Forest Hills Riders
- Ride with headlights on and consider a modulating headlight or high-visibility gear.
- Position yourself in the lane where left-turning drivers can see you, and cover your brakes at intersections.
- Use a helmet or handlebar camera; footage can make a case.
- Carry health insurance and consider optional coverages on your motorcycle policy, such as uninsured/underinsured motorist coverage, because no-fault will not cover your own injuries.
- Keep records of your training, licensing and gear.
For Passengers on Motorcycles
Motorcycle passengers are in a unique position. Like operators, they are generally excluded from no-fault benefits. But unlike operators, they are almost never at fault. A passenger can pursue both the operator of the motorcycle, if the operator was negligent, and any other driver who contributed. Claims against the operator are often covered by the motorcycle’s liability policy, which is why every rider who carries passengers should carry meaningful liability limits.
What Jurors Actually See
Bias can cut both ways once jurors see the real rider. A juror who walks in with doubts about motorcyclists often changes their view when they hear from a careful, trained rider, see the gear the rider wore, watch the video of a driver turning without looking, and listen to a neutral witness. That is why preparation focuses on letting the facts speak. Most motorcycle cases still settle, but insurers price claims based on how they expect a jury to respond. Building the case as if it will be tried is what makes settlement offers fair.
Frequently Asked Questions
Can I get no-fault benefits after a motorcycle crash in Forest Hills?
Generally no. Motorcycles are excluded from New York’s no-fault benefits for riders. Health insurance usually pays first, and you can recover those costs from the at-fault driver.
Do motorcyclists have to meet the serious injury threshold?
Courts have generally held that motorcyclists, being outside the no-fault system, are not subject to the threshold that limits car occupants’ claims for pain and suffering.
What if the driver says I was speeding?
Objective evidence such as reconstruction, video and vehicle data can test that claim. Even if you share some fault, New York’s comparative negligence rule reduces rather than bars recovery.
Does not wearing a helmet affect my claim?
New York requires helmets. The defense may argue head injuries were worse without one, but it does not change who caused the crash.
How much does a motorcycle accident lawyer in Forest Hills cost?
Mushiyev Law works on contingency: no attorney fee unless we recover money for you.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.