Motorcycle accidents can result in serious injuries, with head injuries being a particularly large concern. If you are riding a motorcycle in New York, you should be wearing a motorcycle helmet. However, if you are injured in an accident and you don’t have a helmet out, that does not mean that you cannot sue for compensation that would help cover your medical expenses. Our Queens personal injury attorneys can tell you more about the laws and how you can sue for damages after a crash.
Does New York Require Riders to Wear a Motorcycle Helmet?
If you are riding a motorcycle in New York, wearing a motorcycle helmet is mandatory. New York was the first state to put a universal helmet law in place, all the way back in 1967. If you are operating or riding a motorcycle, you need to protect your head. This applies to passengers as well.
According to the National Highway Traffic Safety Administration, head injury is the leading cause of death in motorcycle accidents. So this law is designed to protect you and your passengers from serious injuries or something even worse. According to some studies, the right kind of motorcycle helmet can be 67% effective in preventing a serious brain injury.
What Kind of Motorcycle Helmet is Acceptable?
There are also rules about what kind of motorcycle helmet is acceptable under state law. These helmets have to meet the Department of Transportation’s standards. When they do, a DoT symbol will be right there on the helmet. There are also rules about rigid protections, the helmet shell, protrusions on the helmet, and how a motorcycle helmet affects the peripheral vision of the rider.
I Wasn’t Wearing a Motorcycle Helmet. Can I Still Sue Over an Accident?
Now we all do our best to follow the rules, but sometimes motorcycle riders do hit the road without their helmets. Maybe they’re taking a short trip or perhaps they simply forgot. Whatever the reason was, they should still be able to pursue damages if they get hurt in a motor vehicle accident.
The issue is that you could be seen as negligent for not wearing a motorcycle helmet. If you were injured, you could be partly blamed. You can still sue, but your awarded compensation could be reduced substantially based on your perceived level of fault.
Here’s what we mean. The jury awards you $200,000, but they also think that you were 20% at fault for the crash and your injuries because you did not wear your helmet. You would get 80% of the awarded damages, or $160,000, because you were partly at fault.
Schedule a Consultation
If you were hurt in a motorcycle accident, we are ready to help you. Contact the Law Offices of George Poulos and schedule a consultation with our team. We would be happy to tell you more about what our experienced attorneys can do to assist you.
