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. In fact, New York law requires all motorcycle operators and passengers to wear federally compliant motorcycle helmets while operating these vehicles. In addition, riders must wear additional eye protection, like a face shield or glasses. However, if you are injured in an accident and you don’t have a helmet on, 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.
New York Motorcycle Helmet Law Requirements
- All motorcycle riders must wear an approved helmet
- All motorcycle passengers must wear an approved helmet
- All helmets must be in compliance with Department of Transportation guidelines
- Riders must also wear eye protection
- Helmet requirements apply statewide, including throughout New York City
- Violations can result in fines and traffic citations
Where Are Motorcycle Helmet Laws Enforced?
Motorcycle helmet laws apply and are enforced equally across New York, including the Five Boroughs, Long Island, and Upstate New York.
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.
What Makes a Motorcycle Helmet DOT-Compliant?
- A DOT certification label
- Impact-absorbing lining material
- Secure chin strap
- Adequate peripheral vision standards
- Durable outer shell
- Proper padding
Are Novelty Helmets Legal?
While there are a number of novelty motorcycle helmets for sale online, many of these do not provide adequate protection. As such, those using non-DOT-compliant helmets can still face citations and increased risk of injuries.
Why Motorcycle Helmets Matter in Serious Accidents?
Motorcycle riders have significantly less protection than those in passenger vehicles, as there is no vehicle to absorb impact, ultimately increasing the risk of serious injury. Unfortunately, this is supported by the fact that despite making up only 3% of registered vehicles in the United States, motorcycles are involved in 16% of fatal accidents. As such, accidents at relatively low speeds can still leave motorcycle riders with serious injuries.
Common Causes of Motorcycle Accidents in New York
- Distracted driving
- Drunk driving
- Pedestrian traffic
- Unsafe lane changes
- Failure to yield
- Poor weather
- Defective parts
Why Motorcycle Accidents Are Especially Dangerous in NYC
Motorcyclists in New York City may face increased risks caused by:
- Heavy traffic
- Aggressive driving
- Stop-and-go traffic
- Limited visibility
- Potholes and uneven pavement
I Wasn’t Wearing a Motorcycle Helmet. Can I Still Sue Over an Accident?
It’s important to understand that, even if you are not wearing a motorcycle helmet at the time of a collision, you are generally still eligible to file a lawsuit if someone else is responsible for the crash.
The issue is that you could be seen as negligent for not wearing a motorcycle helmet. If you were injured, you could be partly to blame. You can still sue, but your awarded compensation could be reduced substantially based on your perceived level of fault in accordance with New York comparative negligence laws.
How Comparative Negligence Works in a Motorcycle Claim
For example, if you are injured in a New York City motorcycle accident, and a 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.
Common Recoverable Damages
- Medical expenses
- Future medical care
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
Schedule a Consultation
If you were hurt in a motorcycle accident, we are ready to help you. At the Law Offices of George Poulos, we understand how difficult these matters can be to navigate. That is why it’s in your best interest to contact our firm and schedule a consultation to discuss your circumstances. We would be happy to tell you more about what our experienced attorneys can do to assist you.