The law that applies to your claim
The topography is the hazard
Yonkers climbs sharply from the Hudson, and the streets that carry the traffic climb with it. For a motorcycle that means limited sight distance at crests, driveways and side streets entering at steep angles where a car cannot see downhill, and long descents where a rider is braking on a decreasing radius. Add wet leaves or sand on a shaded incline and traction goes entirely.
Four parkways, all pre-war
The Saw Mill River, Cross County, Bronx River and Sprain Brook all cross this city. Their merges are short, their curve radii are tight, and their stone parapets leave no run-off. A car glances off; a rider does not.
Why the medical bills are the immediate crisis
New York excludes motorcyclists from no-fault entirely, so there is no carrier automatically paying anything. Treatment at Saint Joseph’s or St. John’s Riverside bills to health insurance, which then asserts a lien against any recovery.
For a rider who cannot work, that gap opens immediately. Identifying every coverage source — including your own supplementary underinsured motorist coverage — and negotiating those liens down is part of the case from the first week, not the last. The rules themselves are on our New York motorcycle accident page.
Public entities and the roadway itself
Where a crash involved a road defect, a missing guide rail, sand left after winter treatment, or an unmarked pavement transition, a public authority may share responsibility — and that brings a 90-day notice of claim requirement rather than three years.
On a parkway, the roadway is frequently part of the story. That possibility has to be assessed in the first weeks.
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
The road surface caused my crash.
Then a public authority may be involved, and the 90-day notice deadline applies. That needs assessing immediately rather than after treatment.
Do you have a Yonkers office?
No. Our offices are in White Plains, Nyack, Nanuet and Brooklyn. White Plains is minutes away and we will come to you.
Who pays my hospital bill?
Your health insurer, which will assert a lien. Managing that is part of the case.
