Riding a motorcycle offers a sense of freedom and convenience, allowing riders to easily navigate through traffic and enjoy scenic routes, but it also comes with significant risks. In New York, wearing a helmet is not just a wise safety precaution—it's the law. However, what happens if you're involved in a motorcycle accident while not wearing a helmet? This article explores the implications of riding without a helmet on your motorcycle accident claim in New York.

Understanding New York's Helmet Law

New York State mandates that all motorcyclists and their passengers wear a helmet approved by the Department of Transportation (DOT). This law is enforced to minimize injuries and fatalities in the event of an accident. The National Highway Traffic Safety Administration (NHTSA) reports that helmets are approximately 37% effective in preventing motorcycle fatalities and 67% effective in preventing brain injuries.

The Role of Negligence in Motorcycle Accident Claims

When filing a motorcycle accident claim, establishing negligence on account of the other party is crucial. Negligence is the failure to act with the same level of care that a reasonable person would exhibit in comparable circumstances. In a motorcycle accident, the following factors are typically considered:

• Duty of Care: All drivers are required to operate their vehicles responsibly.
• Breach of Duty: A breach occurs when a driver fails to meet their duty of care.
• Causation: The breach must have caused the accident and resulting injuries.
• Damages: Actual damages, such as medical expenses, lost wages, and pain and suffering, must be demonstrated.

Impact of Not Wearing a Helmet on Your Claim

Comparative Negligence

To answer the original question; Yes, not wearing a helmet will affect your claim. New York follows a comparative negligence rule, meaning that if you are partially at fault for your injuries, your compensation might be reduced by your percentage of fault. By not wearing a helmet, your actions can be seen as contributory negligence, potentially decreasing the compensation you receive.

Damages Assessment

The damages awarded in a motorcycle accident claim are intended to compensate for losses such as medical, lost wages, and pain and suffering. However, if you weren't wearing a helmet, it could complicate the assessment of your damages. Insurance companies and opposing legal teams may argue that your injuries were exacerbated by your failure to wear a helmet, thus reducing your compensation.

Example Scenario

Consider this scenario: You're involved in a motorcycle accident where the other driver is found to be 80% at fault for the collision. However, you weren't wearing a helmet and sustained a severe head injury. The court might determine that your failure to wear a helmet contributed to 20% of your injuries. So if your damages total $100,000, your reimbursement would be reduced by 20%, or $20,000.

Practical Tips for Motorcyclists

To protect yourself legally and physically, consider the following tips:

• Always Wear a Helmet: Ensure it meets DOT standards and is properly fastened.
• Follow Traffic Laws: Adhering to traffic laws reduces the risk of accidents and strengthens your legal position if an accident occurs.
• Document Everything: In the event of an accident, document the scene, gather witness statements, and keep detailed medical records.
• Consult a Lawyer: Seek legal advice promptly to navigate the complexities of your claim effectively.

Conclusion

Riding without a helmet in New York can significantly impact your motorcycle accident claim. While it doesn't bar you from seeking compensation, it can reduce the amount you receive due to the state's comparative negligence laws. To ensure maximum protection and compensation, always wear a helmet and consult with a knowledgeable attorney who will help you understand your rights and navigate the legal landscape effectively.

Our Motorcycle Accident Lawyers Can Provide The Support You Need

Unfortunately, accidents caused by negligent drivers frequently involve motorcycle riders. Even riders who exercise caution and follow all traffic laws find themselves in accidents.

When you are involved in a motorcycle accident, you may have questions or need help in navigating your claim. 

The motorcycle accident lawyers of Brandon J. Broderick, Attorney at Law, can help. Our lawyers have years of experience defending the rights of people who have been hurt due to someone else's negligence, and we will put all of our efforts into helping you get the compensation you are entitled to.
Contact us now for a free, no-obligation consultation. We will examine your case and protect your legal rights if you or a loved one suffers injuries in a motorcycle accident.