Queens Motorcycle Accident Lawyers
Queens recorded 43 motorcycle fatalities over three years, second only to Brooklyn. From the LIE to Queens Boulevard ('Boulevard of Death'). Motorcycles are excluded from NY no-fault.
Queens is the second-deadliest NYC borough for motorcyclists
Queens recorded 43 motorcycle fatalities over a recent three-year period, approximately 14 per year, second only to Brooklyn's 46 deaths. Together, Brooklyn and Queens account for 74% of NYC motorcycle deaths despite comprising about 60% of the city's population. The reasons are structural: high-speed expressways feeding JFK and LaGuardia, Queens Boulevard's notorious "Boulevard of Death" geometry, dense surface corridors with constant commercial truck volume, and the LIE / Grand Central Parkway / Van Wyck triangle that concentrates merging conflicts.
Queens motorcycle cases move differently than car cases because motorcycles are excluded from the New York no-fault insurance system. A Queens rider hit by a negligent driver cannot collect PIP benefits from the other driver's auto policy and does not need to clear the Insurance Law 5102(d) "serious injury" threshold to sue for pain and suffering.
New York no-fault does not cover motorcycles
Insurance Law 5103(a)(2) and Vehicle and Traffic Law 125 exclude motorcycles from the no-fault system. Practical consequences:
- No PIP benefits. Medical bills go through health insurance, optional BEL coverage, or the bodily injury recovery.
- No serious-injury threshold. Direct tort claim from day one.
- Full damages claim. Past/future medicals, lost earnings, pain and suffering, permanency.
Queens corridors where motorcycle crashes concentrate
- Queens Boulevard ("Boulevard of Death"). 186 fatalities 1990-2017, 223 total traffic accidents in 2021. 12-lane width, high speeds, complex turning movements.
- Northern Boulevard (Route 25A). 284 traffic accidents in 2021. East-west commercial corridor from Long Island City through Flushing to Bayside.
- Long Island Expressway (I-495). Heavy commercial truck volume, short merging lanes.
- Van Wyck Expressway (I-678). JFK airport connector with rear-end crashes at Grand Central Parkway and Belt Parkway interchanges.
- Grand Central Parkway. High-speed parkway with substantial truck incursion.
- Astoria Boulevard. Grand Central Parkway feeder with bus and delivery traffic.
- Hillside Avenue and Jamaica Avenue. Bus and delivery density on narrow surface streets in Jamaica.
- Metropolitan Avenue. Freight route between Maspeth, Middle Village, and Forest Hills.
- Queens Boulevard at Woodhaven Boulevard. Over 70 crashes annually.
Deadlines and statutes
- CPLR 214(5). Three-year personal-injury SOL.
- EPTL 5-4.1. Two years from death for wrongful death.
- GML 50-e. 90-day Notice of Claim for NYC Sanitation, MTA, NYCHA, NYPD, FDNY, school district.
- GML 50-i / CPLR 217-a. 1 year and 90 days to sue a municipality.
- Insurance Law 5103(a)(2). Motorcycle exclusion from no-fault.
- VTL 125, 381. Motorcycle definition; helmet requirement.
- CPLR 1411. Pure comparative negligence.
- CPLR 208. Infancy tolling until age 18.
Where Queens motorcycle cases are filed
Queens County Supreme Court at 88-11 Sutphin Boulevard, Jamaica handles civil cases with unlimited jurisdiction. Appeals go to the Appellate Division, Second Department. For NYC public vehicles, a 90-day Notice of Claim is required, served on the NYC Comptroller at 1 Centre Street, Manhattan.
What to do after a Queens motorcycle crash
- Get medical care. Elmhurst, Jamaica Hospital Medical Center, Flushing Hospital, NewYork-Presbyterian Queens, Mount Sinai Queens, Long Island Jewish, and Long Island Jewish Forest Hills treat motorcycle trauma.
- Photograph the scene, your bike, the other vehicle, the roadway, and your gear.
- Preserve your helmet, jacket, and riding equipment.
- Get the NYPD accident report number. Request the report under FOIL within 30 days.
- Do not give a recorded statement to the other driver's insurer.
- Contact a lawyer before any preservation deadlines close.
Related analysis from our team
- NYC Motorcycle Accident Hotspots
- Queens Car Accident Hotspots
- New York No-Fault Insurance, Explained
- Queens Personal Injury Lawyers
- NYC Motorcycle Accident Lawyers
NYC Department of Transportation. Vision Zero motorcycle fatality data.
https://www.nyc.gov/site/visionzero/index.pageNYPD TrafficStat and NYC Open Data. Motor Vehicle Collisions dataset.
https://data.cityofnewyork.us/Public-Safety/Motor-Vehicle-Collisions-Crashes/h9gi-nx95Institute for Traffic Safety Management and Research. NY Motorcycle Crash Fact Sheet.
https://www.itsmr.org/New York Civil Practice Law and Rules §§ 208, 214, 217-a, 1411.
https://www.nysenate.gov/legislation/laws/CVPNew York Insurance Law §§ 5102(d), 5103(a)(2).
https://www.nysenate.gov/legislation/laws/ISCNew York Vehicle and Traffic Law §§ 125, 381.
https://www.nysenate.gov/legislation/laws/VATNew York General Municipal Law §§ 50-e, 50-i.
https://www.nysenate.gov/legislation/laws/GMU/50-ENew York Estates, Powers and Trusts Law § 5-4.1.
https://www.nysenate.gov/legislation/laws/EPTFrequently Asked Questions
How dangerous is riding in Queens?
Queens recorded 43 motorcycle fatalities over a recent 3-year period (approximately 14 per year), second only to Brooklyn's 46. Brooklyn and Queens together account for 74% of NYC motorcycle deaths. Queens Boulevard, nicknamed the 'Boulevard of Death,' recorded 186 fatalities (mostly pedestrians but including motorcyclists) from 1990-2017 and 223 total traffic accidents in 2021. Northern Boulevard ranks second with 284 traffic accidents in 2021.
Does New York no-fault cover motorcycles in Queens?
No. Insurance Law 5103(a)(2) and Vehicle and Traffic Law 125 exclude motorcycles from the New York no-fault system. A Queens rider hit by a negligent driver cannot collect Personal Injury Protection benefits from the other driver's auto policy. Medical bills go through health insurance, optional Basic Economic Loss on the rider's policy, or the bodily injury recovery. Critically, the rider does not need to clear the Insurance Law 5102(d) 'serious injury' threshold to sue for pain and suffering.
Where are Queens motorcycle cases filed?
Queens County Supreme Court at 88-11 Sutphin Boulevard, Jamaica handles civil cases with unlimited jurisdiction, the correct venue for any serious injury claim. Queens Civil Court at 89-17 Sutphin Boulevard handles claims up to $50,000. Appeals go to the Appellate Division, Second Department. For crashes involving NYC Sanitation, MTA buses, NYPD, school district vehicles, or other public-authority vehicles, a Notice of Claim must be served on the NYC Comptroller within 90 days under General Municipal Law 50-e.
What are Queens' deadliest motorcycle corridors?
Queens Boulevard : 'Boulevard of Death' : is the most dangerous Queens road for motorcyclists. Northern Boulevard recorded 284 traffic accidents in 2021. The Long Island Expressway (I-495) carries heavy commercial traffic with merging conflicts. The Van Wyck Expressway (I-678) and Grand Central Parkway concentrate high-speed crashes. Surface corridors: Astoria Boulevard, Hillside Avenue, Jamaica Avenue, Metropolitan Avenue. Key intersections include Queens Boulevard at Woodhaven (70+ crashes annually) and Northern at Astoria Boulevard.
What is the statute of limitations for a Queens motorcycle accident?
Three years from the accident date for personal injury under CPLR 214(5). Two years from date of death for wrongful death under EPTL 5-4.1. 90 days for a Notice of Claim against NYC, NYCHA, MTA, or other public entity under GML 50-e. The lawsuit must commence within 1 year and 90 days of the crash for government cases.
Does a helmet violation hurt my Queens motorcycle case?
New York Vehicle and Traffic Law 381 requires helmets for motorcycle operators and passengers. A helmet violation can be argued as comparative fault for head-injury damages specifically, but New York applies pure comparative negligence under CPLR 1411: partial fault reduces recovery but does not bar it. Helmet use does not affect damages for unrelated injuries (leg fractures, road rash, etc.).
What compensation is available in a Queens motorcycle case?
Past and future medical expenses, lost wages and future earning capacity, pain and suffering, permanent impairment, loss of consortium, and in fatal cases pecuniary loss to the statutory distributees under EPTL 5-4.3. Motorcycle injuries are typically more severe than car-occupant injuries: road rash, compound fractures, crush injuries, traumatic brain injuries, and spinal cord damage. Queens juries return strong plaintiff verdicts in clear-liability cases.
What evidence should I preserve after a Queens motorcycle crash?
Photographs of the scene, the bike, the other vehicle, the roadway, your injuries, and any road conditions. Witness contact information. The NYPD accident report number. Your helmet, jacket, and riding gear (impact-force evidence, do not discard). Any helmet-cam or dash-cam footage. ER records from Elmhurst Hospital, Jamaica Hospital, Flushing Hospital, NewYork-Presbyterian Queens, Mount Sinai Queens, or Long Island Jewish. Do not give a recorded statement to the other driver's insurer.