Long Island Motorcycle Helmet Laws

MotorcyclistNew York State is one of 19 states with a universal motorcycle helmet law, meaning all riders and their passengers must wear a helmet regardless of age or experience. The state also requires protective eyewear for all bikers. These laws are in place to reduce the risk of severe injury and death in the event of a crash. Disobeying the New York motorcycle helmet law, in addition to jeopardizing your safety, can also affect your motorcycle injury claim if you are involved in an accident.

Importance of Wearing a Helmet

More than 45 states and the District of Columbia have motorcycle helmet use laws on the books, and New York is no exception. These laws are an important part of protecting motorcyclists because research leaves no doubt that wearing a helmet reduces the risk of concussions and other traumatic brain injuries, and saves lives.

According to the National Highway Traffic Safety Administration (NHTSA), motorcycle helmets are 67 percent effective in keeping riders who crash from suffering a traumatic brain injury. Riders who crash without a helmet are about three times more likely to suffer serious head injuries than those wearing a helmet. Preventing these injuries is key since head injuries are the number one cause of fatalities after a motorcycle accident.

Impact of a Helmet on Injury Claims

If you suffered serious injuries in a New York State motorcycle crash, you have the right to file an insurance claim or lawsuit against the at-fault driver to collect compensation for medical care, lost wages, pain and suffering, and other accident-related expenses.

New York State follows a pure comparative negligence rule, meaning that you do not lose the eligibility to file a claim for compensation even if your actions contributed to your own injuries. This means that your decision to not wear a helmet will not stop you from filing a suit against the other driver. However, the amount of compensation available to you goes down in accordance with the percentage that your actions contributed to your injuries.

This means that if the jury determines your failure to wear a helmet was responsible for 20 percent of your injuries, you can only receive 80 percent of the full compensation total.

Contacting An Attorney

The key to maximizing your compensation in a New York State motorcycle case is having a knowledgeable lawyer who can minimize the role you played in contributing to your own injuries. Your Long Island motorcycle accident lawyer can accomplish this by presenting strong evidence of the other driver’s negligence, while also showing you would have sustained equally serious injuries if you were wearing a helmet at the time of the crash.

At Goldstein & Bashner, we work to ensure every client receives a fair and full settlement or verdict for their injuries. To learn more about how you can get compensation for your serious motorcycle accident injuries in New York State, contact us today.

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