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New York is one of only 17 states to have a universal motorcycle helmet law. In fact, New York was the first state to pass such a law in 1967. This law requires all motorcycle operators and passengers to wear head protection approved by the U.S. Department of Transportation. 

The helmet law has worked. New York has a very high compliance rate, with 99% of motorcyclists wearing helmets. But how does New York’s helmet law affect motorcycle accident cases? 

Helmet Laws and Motorcycle Crash Claims 

You must prove that a driver acted negligently to succeed in a personal injury lawsuit against them. Negligence means the driver failed to exercise reasonable care and, as a result, injured you.  

You and your lawyer can prove a violation of this duty of care by showing that the driver broke traffic laws or did something else that unreasonably exposed you to injury or death. 

New York helmet laws are not very relevant to proving the negligence of another driver. The law simply states that motorcycle riders must wear a helmet while riding. It provides no exceptions for medical reasons, and it does not exempt riders on private property, like parking lots or even your own driveway. The only exception applies to parades. 

Importantly, the helmet law is enforced as a traffic offense. If you ride without a helmet, a police officer can give you a traffic citation. This citation might result in a fine assessed against you.  

Again, these punishments do not bear directly on who is at fault for motorcycle crashes. However, your compliance with helmet laws during a collision can affect your injury claim in concrete ways. 

Lower Risk of Head Injury 

New York has a universal helmet law because helmets work. According to the CDC, riders can reduce their risk of head injury by up to 69% by wearing a helmet. 

Another study found that the most common body part injured in all motorcycle accidents is the head. However, the probability of a head injury dropped significantly based on helmet use. For riders under 40 years old, the percentage who suffered a head injury in a crash fell from 38% without a helmet to only 24% with a helmet. 

This fact could make a big difference in your motorcycle accident claim. The value of your claim depends on the extent of the injuries you suffered because you can seek compensation for medical costs, lost income, and pain and suffering. Head injuries can cause permanent brain damage that affects you physically, cognitively, and emotionally.  

Brain injuries can cause the following symptoms: 

• Confusion 
• Amnesia 
• Difficulty concentrating 
• Loss of balance 
• Clumsiness 
• Emotional outbursts 
• Depression 
• Anxiety 
• Coma 

These symptoms can prevent you from working or caring for your needs, leading to massive financial losses. You can reduce your risk by wearing a helmet. 

Lower Likelihood of Death 

Motorcycle accidents are especially deadly. When your motorcycle gets hit by a car, you have no vehicle frame to protect you. You may even get ejected from your motorcycle, falling on the ground with tremendous force. 

Wearing a helmet could save your life. According to the CDC, helmets reduce an operator’s risk of death by up to 37% and a passenger’s risk by up to 41%. 

A deceased crash victim’s surviving family members or estate can pursue a wrongful death claim against the person responsible for causing the fatal injury. If it succeeds, the family or the estate can recover significant compensation for their losses. Sadly, this compensation will not bring the deceased motorcyclist back. 

Comparative Negligence Defense 

One of the most important ways that wearing a helmet can affect your claim involves a legal doctrine called “comparative negligence.” When an at-fault party proves that the victim contributed to their own injuries, this doctrine allows the court to reduce the damages awarded. 

For example, suppose that you suffered $80,000 in losses after injuring your head in a motorcycle crash. If the driver successfully establishes that you were not wearing a helmet, you might get blamed for a percentage of your injuries and lose a portion of your award. In this case, you might bear 40% of the blame and only recover $48,000. 

Get Help From an Experienced New York Motorcycle Accident Lawyer 

Motorcycle accidents can cause serious injuries, particularly head injuries. The personal injury lawyers at Silberstein, Awad & Miklos will develop a legal strategy to fight for compensation, whether you were wearing a helmet or not. 

Contact us today for a free consultation to discuss your motorcycle crash and the compensation you can seek for your injuries.