New York Motorcycle Helmet Laws

New York Motorcycle Helmet Laws

Almost all states have helmet laws, including New York. New York motorcycle helmet laws are there to protect motorcyclists and passengers. Research says that helmet usage greatly reduces the risk of serious injury and death for riders. According to NHTSA, helmets are 67% effective in preventing traumatic brain injuries. Preventing brain injuries is crucial, as they are the primary cause of post-accident fatalities.

Are Motorcycle Helmets Required in New York?

New York motorcycle helmet laws require all riders and passengers to wear helmets and protective eyewear regardless of age. Along with risking a serious motorcycle accident, violating this law may jeopardize a personal injury claim if you’re injured. So next time someone asks, “do you have to wear a helmet on a motorcycle?” you’ll know it’s the right decision.

For anyone breaking the state’s helmet law, the maximum penalty is a $100 fine, 30 days in county jail, or both. If the injured rider didn’t was not wearing a helmet, that negligent party’s lawyer may allege that the rider was partly responsible for their injuries. Even if another person’s negligence causes a motorcycle accident, motorcycle helmet laws can work both ways in terms of liability.

How New York Motorcycle Helmet Laws Affect Injury Claims

A person injured in a motorcycle accident in New York State, they are allowed to file a lawsuit or insurance claim against the responsible party. Victims are eligible for compensation for lost income, medical bills, pain and suffering, mental anguish, and accident-related costs.

New York follows the pure comparative negligence doctrine. This means that victims don’t lose claims eligibility if their actions contributed to the accident. In simpler terms, a rider’s decision to not wear a helmet won’t preclude them from filing a lawsuit or insurance claim.

However, they may receive reduced compensation in accordance with their share of responsibility for the event. If a jury decides the rider’s failure to wear a motorcycle helmet caused half of the injury, the rider would receive half of the total potential claim.

How Long Does an Injured Motorcycle Rider Have to File?

After being in a motorcycle accident, a rider must file a claim within the statute of limitations. In New York City, the statute of limitations is typically three years. If the three-year mark is passed, it’s likely that the claim will be barred entirely.

Hire an Attorney Who Understands New York Motorcycle Laws

The simplest way to maximize compensation in a motorcycle accident claim in the state of New York is to hire an experienced attorney. A motorcycle lawyer can minimize your role in the event and improve your judgement results. For example, they may document the other party’s negligence while showing that helmet use would not have minimized the injury.

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