Free Consultation
Buffalo Motorcycle Accident Lawyer
Dedicated Advocates for Motorcycle Injury Victims in Buffalo and Western New York
Riding a motorcycle comes with certain inherent risks, but when a driver in a car, SUV, or truck causes your injuries, you may have options to recover compensation. If you’re facing serious injuries that are causing you to miss work and that are leading to serious medical costs, you need to speak to a Buffalo motorcycle accident lawyer who can advocate for you.
At O’Brien & Ford, we have more than 84 years of combined experience representing injured individuals. Our results include a $5 million recovery in a Buffalo motorcycle accident involving a rider left paralyzed after an inattentive driver pulled into his path. While past results can’t guarantee future outcomes, our track record shows that we’re prepared to take on high-stakes motorcycle claims.
Free Consultation
More than $100 million recovered in verdicts and settlements for those injured in New York.
How We Can Help
- Why Choose O’Brien & Ford for Your Buffalo Motorcycle Accident Case?
- How Are Motorcycle Accident Claims Different in New York?
- What Causes Motorcycle Accidents in Buffalo?
- Who Can Be Held Liable for a Motorcycle Accident?
- What New York Motorcycle Laws Can Affect Your Claim?
- What Compensation Can You Recover After a Motorcycle Accident?
- What Should You Do After a Motorcycle Accident in Buffalo?
- Do You Have a Buffalo Motorcycle Accident Lawyer Near Me?
- FAQs About Buffalo Motorcycle Accidents
- Speak With a Buffalo Motorcycle Accident Lawyer Today
Why Choose O’Brien & Ford for Your Buffalo Motorcycle Accident Case?
Clients come to O’Brien & Ford because of our extensive experience handling personal injury claims and because we provide individualized attention to each client who comes to us for help. We want you to feel supported from day one, which is why we make sure you’re on the phone with a lawyer within two minutes of calling us.
We also limit the number of cases each of our lawyers can handle because with fewer cases we can provide more individual attention to each client. When you come to us, you’ll know who is working on your case, and you’ll be able to hear directly from them as the claim progresses.
Founding partner Chris O’Brien has been selected to Super Lawyers every year since 2008, including the Super Lawyers Top 50: Upstate New York list in 2010, 2011, 2013, 2014, 2021 and 2022.
Once you call our office, we can start taking care of the necessary steps like:
- Investigating the collision
- Addressing attempts to unfairly blame you for your injuries
- Locating witnesses and video footage
- Preserving the motorcycle and riding gear when it might be important for your case
- Working with accident-reconstruction and medical experts who may help build your claim
- Calculating the full value of your current and future losses
- Negotiating with insurers
- Litigating your case, and taking it all the way to trial if necessary
We offer free consultations to new clients, so there is no risk in reaching out to our office.
Testimonials
What Our Clients Say About Us
“When I unfortunately was in a car accident I called on Chris O’Brien and his law firm. They not only took care of everything and answered every question I asked, Chris and his law firm treated me like family. I would not think twice to use them again, if you are ever in need of a excellent law firm that treats you like actually matter, go with Chris O’Brien and his law firm.”
“Back in 2017 I was involved a major car accident that left me with back injuries. Afterwards, I went to a couple big name attorneys and they all denied my case for reasons unknown. This left me feeling down and out with amd in an unfortunate situation, but that was until I called O'Brian & Ford. My case was picked up and accepted by the wonderful, Mr. John Ford, and my lawsuit began. He fought for me for almost 3 years without giving up and my case was FINALLY settled and I was rewarded way beyond what I ever thought I can be. I HIGHLY RECOMMEND O'BRIEN & FORD 100%!!!”
“I was looking for the best car crash lawyer in Buffalo and was referred to Chris O’Brien by numerous colleagues. Was very impressed with the outcome and professionalism. After a life altering injury you really need to lock down an attorney ASAP. The O’Brien & Ford team really pulled through for me and my family!”
How Are Motorcycle Accident Claims Different in New York?
Motorcyclists are excluded from New York’s no-fault system. While New York’s Insurance Law typically involves PIP or no-fault benefits to occupants of covered passenger vehicles, it specifically excludes motorcyclists. Because they are not a part of the no-fault insurance system, they are not required to prove that their injuries fall under the law’s “serious injury” threshold in order to pursue ordinary pain-and-suffering damages against a negligent motorist who injured them.
In addition to this legal difference, there are stigmas that may impact motorcyclists. Insurers may question speed, lane position, use of protective equipment, or other aspects of a rider’s conduct due to stereotypes that motorcyclists are risk-takers. It’s important to push back against unfair assumptions and to review these cases based on the facts and available evidence.
What Causes Motorcycle Accidents in Buffalo?
According to reports, New York crashes involving motorcycles increased by 31 percent between 2020 and 2025. The leading contributing factor in motorcycle crashes is speed. However, when it comes to two-vehicle collisions, the leading cause is a failure to yield by another motorist. Some other causes include:
- Drivers turning left across a rider’s path
- Drivers changing lanes without seeing a motorcycle
- Distracted driving
- Following too closely
- Impaired driving
- Unsafe passing
- Opening a vehicle door into a rider’s path where applicable
- Poor road conditions
- Defective motorcycle or vehicle components
The types of crashes may be different depending on road types as well. Intersection and failure-to-yield crashes may take place on roads such as Main Street, Delaware Avenue, Elmwood Avenue, and Bailey Avenue. Higher-speed crashes and merging accidents may take place on the I-190, Route 33, and Route 5/Skyway. Additionally, potholes, uneven pavement, and winter-damaged roads can pose more serious problems for two-wheeled vehicles than for passenger cars.
Who Can Be Held Liable for a Motorcycle Accident?
One of the most important questions we’ll need to answer when we start reviewing your case is who might be liable. The answer to this will impact every aspect of your case. Here are a few parties that may be at fault.
Negligent motorists
A negligent driver may be responsible for the accident and your resulting injuries. Some of the ways they may cause a crash include:
- Failure to yield
- Unsafe left turn
- Distracted driving
- Unsafe lane change
- Speeding
- Tailgating
- Impairment
- Running a light or stop sign
Vehicle owners
Under New York’s owner-liability statute, if a person was driving a vehicle they don’t own, liability may extend to the owner in addition to the driver.
Employer of an at-fault driver
If the driver was working when they caused the accident, liability could extend to the company that employs them. This might be the case with something like a delivery service, like FedEx or UPS. However, it can become more complex in the case of contractors such as Amazon Flex drivers or rideshare operators.
Motorcycle or auto-parts manufacturer
Even if the crash only involved one vehicle, it’s possible that another party could be at fault. If you crashed because your vehicle was defective, you may be able to bring a claim against the manufacturer.
Repair or maintenance business
If you had your motorcycle repaired, and the repairs led to risks that left your vehicle damaged, you could have a claim against that business.
Government entities
In some circumstances, you may also have a claim against a government entity that is responsible for roadway conditions. These cases will be subject to governmental-liability rules and special notice requirements.
Evidence used to establish fault
If you were injured in a motorcycle crash, you might not even know who is at fault for your injuries. We can help you review the evidence and determine who might be liable. We will look at your:
- Crash-scene photographs
- Damage to your motorcycle and other vehicles
- Your helmet and riding gear when relevant
- Police report
- Witness statements
- Dashcam footage
- Nearby business or residential surveillance
- Traffic-camera footage where available
- Cellphone records where distraction is disputed
- Vehicle data when available
- Medical records
- Accident reconstruction when necessary
Gathering this evidence early is critical to your case. It becomes more challenging to access the longer you wait. Call a Buffalo motorcycle accident lawyer now to get the help you need.
What New York Motorcycle Laws Can Affect Your Claim?
Here are some laws that might impact your case. It helps to be familiar with them.
Motorcyclists have the same roadway rights and duties as other drivers
New York law specifically states that motorcyclists have the same duties and rights as other vehicles on the road. However, there are some motorcycle-specific laws and regulations that wouldn’t make sense for those operating in a passenger car or other larger vehicle.
Lane splitting is prohibited
Motorcyclists are entitled to full use of a lane. It is illegal to pass other types of vehicles within the same lane or to operate between traffic lanes. However, two motorcyclists are allowed to ride side-by-side with one another in the same lane.
Helmet and eye-protection requirements
Motorcyclists in New York must wear qualifying helmets, and so too must their passengers. Operators must also wear appropriate eye protection. Motorcycles must also meet certain equipment and lighting requirements in order to be permitted on the state’s roadways.
Comparative negligence
New York applies comparative negligence in injury cases. For personal injury actions subject to Insurance Law Article 51, an injured person may be barred from recovery if their share of fault is greater than the combined fault of the defendants.
Filing deadlines
The statute of limitations in New York gives strict time limits for your claims, including three years in most personal injury claims and two years in wrongful death claims. However, if a claim is against a public entity, it may be subject to shorter deadlines, such as 90 days to file the notice of claim and, for many municipal claims, a one-year-and-90-day deadline to file suit.
What Compensation Can You Recover After a Motorcycle Accident?
The compensation available to those injured in a motorcycle crash will depend on several factors. For instance, if you are partly at fault, that can impact the amount you can recover and your ability to recover at all. Another major factor is the nature and extent of your injuries. In motorcycle collisions, some common injuries include:
- Road rash
- Fractures
- Traumatic brain injury
- Spinal cord injury
- Internal injuries
- Nerve damage
- Burns
- Amputation
- Paralysis
When it comes to determining damages, a claim related to paralysis or amputation would likely result in much higher damages than one in which the injured person broke their wrist (all other things being equal). Part of the reason for this is that in more severe injury claims, the medical bills tend to be much higher than they would be in cases with minor injuries. The other issue is that a life-altering injury, such as paralysis, will likely cause greater emotional distress and have a more significant impact on the injured person’s quality of life. As such, the more serious injuries may have more serious economic and non-economic damages.
Economic damages are the losses that you can effectively calculate. They may include:
- Emergency medical treatment
- Hospitalization and surgery
- Rehabilitation and physical therapy
- Future medical needs (projected costs for future mobility devices, medication, etc.)
- Lost wages
- Reduced earning capacity
- Motorcycle repair or replacement
- Damaged helmet, clothing, and other property
- Necessary assistance or home modifications, like ramps, in catastrophic cases
Non-economic damages include losses to which it is impossible to attach a number, such as:
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Disability
- Scarring and disfigurement
- Loss of consortium where applicable (this would be in a claim by the injured person’s spouse)
What Should You Do After a Motorcycle Accident in Buffalo?
Following a motorcycle crash, you should seek medical treatment. Sometimes your injuries might not appear as serious as they are, especially with the adrenaline and shock that many people experience in the moments after an accident. Some steps to take include:
Call 911 and report the crash
Seek medical care
for yourself and anyone else who may be injured.
Photograph the scene
If physically able, photograph the motorcycle and other vehicles, debris, skid marks, and other evidence at the site.
Get witness details
Collect contact information for any witnesses.
Exchange information
Swap insurance and identifying information with other involved drivers or riders.
Don’t argue about fault
Leave that to your lawyer.
Preserve the motorcycle and gear
Keep the motorcycle and damaged protective gear so you can use them as evidence if necessary.
Save your paperwork
Keep all medical bills, receipts, wage-loss documentation, photographs, and correspondence related to the crash.
Notify the insurer carefully
Notify the appropriate insurance company, but don’t sign anything until you’ve spoken to your lawyer.
Get representation early
Seek representation as soon as possible so that your lawyer can get a hold of surveillance footage and other evidence before it disappears.
Visit Us
Do You Have a Buffalo Motorcycle Accident Lawyer Near Me?
Yes. O’Brien & Ford’s office is located at 4549 Main St, Suite 201, Buffalo, NY 14226. We offer free consultations, and if you call, you’ll be on the phone with a lawyer within just two minutes. We represent riders throughout Buffalo, Erie County, and Western New York.
FAQs About Buffalo Motorcycle Accidents
Can a motorcycle passenger file an injury claim?
Passengers may be able to file a claim against the rider on whose motorcycle they were traveling or against another driver who caused the collision. It’s possible they could share responsibility for the injuries they sustained in the crash if they behaved negligently and their actions contributed to the collision. These claims are fact-specific, so it’s important to call an attorney who can review the claim in detail.
What happens if the driver who hit my motorcycle leaves the scene?
What if the driver who hit me does not have enough insurance?
Can I bring a claim if the police did not ticket the other driver?
Speak With a Buffalo Motorcycle Accident Lawyer Today
Motorcycle claims often involve severe injuries. When you’re hurt because of someone else’s negligence, you may have the ability to recover damages. That compensation can support you when your medical care adds up and you’ve lost income. If you were in a motorcycle accident in Buffalo or Western New York, the experienced personal injury lawyers at O’Brien & Ford are just a phone call away. Call now for a free consultation.