Injured In A Motorcycle Accident? Contact A Lawyer In Oneonta.

Last updated on August 10, 2026

As a motorcycle rider, you have little to no protection in a collision, and there is almost nothing to protect you from being thrown off the bike and seriously injured. With no seat belt or air bag, even a helmet or protective clothing cannot prevent you from sustaining catastrophic injuries. It is for this reason that motorcycle accident claims are one of the most complicated types of traffic accidents from a legal standpoint.

If you or someone that you love has suffered injuries in a motorcycle accident, you should reach out to a personal injury attorney immediately. At Scarzafava & Basdekis, we have decades of experience and are dedicated to achieving positive outcomes for our clients. From our office in Oneonta, New York, we serve clients in Otsego, Delaware and Chenango counties.

Call us right away at 607-441-4137 to discuss your case. Let us help you.

After An Accident, Seek Help

If you’ve been seriously injured in a motorcycle accident, get medical attention immediately. Regardless of the exact situation that led to your accident and the injuries that you have sustained, it is important to visit the hospital right away. Not only will you receive the medical attention you need, but the doctor can make note of your injuries on the record, which can lead to making the personal injury claim easier.

Some of the catastrophic injuries that can occur in a motorcycle accident include:

• Broken bones
• Traumatic brain injury (TBI)
• Spinal cord injuries
• Loss of limbs
• Wrongful death

Helping Recover Damages For Your Injuries

At our firm, we have assisted in motorcycle accident claims that have been caused by a number of circumstances, such as defective bike parts, bad weather, poor road conditions, reckless or aggressive driving, drunk drivers and negligent drivers.

Motorcyclists Face Unique Challenges And Legal Protections

New York law treats motorcycle crashes differently from many other traffic accidents. Those differences can affect how you seek payment for your injuries and other losses. One key rule is that New York’s no-fault insurance system does not cover motorcyclists. If a motorcycle crash injures you, you generally cannot use your own no-fault coverage for automatic personal injury protection benefits. Instead, you may need to show that another driver caused the crash and bring a claim against that driver’s insurance coverage.

That process may become harder when an insurer focuses on your actions before the crash. The company may review your speed, lane position, protective gear and other facts. It may then use those details to argue that you caused the crash or share some of the blame. New York also requires motorcycle riders to wear helmets. However, the existing helmet rule does not erase a claim for injuries to other parts of your body. An insurer may still raise the issue as part of an effort to reduce what it pays.

New York’s comparative negligence rule matters when an insurer claims you were partly at fault. You can still seek compensation even if you share some blame for the crash. Your share of fault may reduce your award, but partial fault does not end your claim. Because of that rule, photos, witness accounts, police reports and other proof can be important when the parties disagree about fault.

At Scarzafava & Basdekis, PLLC, we represent injured riders, not insurance companies. We know the points insurers may raise to shift blame or place a lower value on a motorcycle claim. We can review the crash, gather available proof and respond to those arguments while seeking the compensation available to you under New York law.

Motorcycle Accident FAQ

Below are some answers to commonly asked questions about motorcycle accidents.

Is it against the law to not wear a helmet in New York? Will that affect my claim?

New York law requires that motorcyclists wear helmets, and you may receive a ticket if you are not wearing one. This does not mean that injuries to other parts of your body are not eligible for compensation, however. You should still be entitled to compensation for injuries to your arms, legs, hands, feet, torso, skin and internal organs. Each case varies, so speak with our attorneys to learn about your specific situation.

I was in a motorcycle accident. What do I do now?

The steps you should take after a motorcycle accident are very similar to those taken after a car accident. You should seek medical care, even if you feel OK in the moment. In the immediate aftermath of the accident, adrenaline and shock can mask pain. Seeing a doctor can also help with your injury case if you decide to file a lawsuit against the negligent party.

If possible, take photos of the accident scene and get the names of any witnesses. Do not admit fault for the accident. Ideally, you should not talk to the insurance company without speaking to a lawyer first. You don’t want to say anything that can inadvertently damage your claim.

When should I file a motorcycle accident claim?

The sooner you file, the better. We can get started with an investigation of the accident before evidence disappears and you can start documenting your injuries right away.

The statute of limitations for filing a motorcycle injury claim in New York is three years from the accident. In wrongful death cases, you have only two years after your family member dies to file. Again, we encourage you to file as soon as possible so we can protect your rights.

Is lane-splitting legal in New York, and could it affect your motorcycle accident claim?

Lane-splitting is illegal in New York. If you were riding between lanes when a crash happened, an insurer may argue that you share fault for the collision. That argument does not automatically bar you from recovering compensation. Under New York’s comparative negligence rule, your share of fault may reduce your recovery. The facts of the crash still matter, so evidence about what each driver did can affect how the parties divide fault.

Take Advantage Of Your Free Consultation

Our team works to investigate the accident in order to prove who was at fault. We believe that you deserve the compensation to which you are entitled to help you when you are recovering from a serious accident.

Schedule your free initial consultation with one of our attorneys at Scarzafava & Basdekis, today.