Helmet Laws & Motorcycle Accident Claims in NY: What You Need to Know

Did you suffer injuries in a traffic accident while riding your motorcycle in New York? You might be wondering about the process of filing a motorcycle accident claim and how New York’s helmet laws could affect your case. Here’s what you should know.

New York’s Motorcycle Helmet Laws

In New York, all motorcycle riders and passengers must wear a helmet while riding, regardless of age or experience. In fact, New York was the first state to adopt a universal helmet law in 1967. Motorcycle helmets must meet Department of Transportation (DOT) safety standards and display DOT stickers to prove they passed the necessary safety tests. Additionally, motorcyclists must wear goggles or face shields while riding, even if their motorcycles have windscreens. Failing to wear a compliant helmet or eye protection while riding is illegal and can result in harsh penalties, including up to $100 in fines and 30 days in jail. 

How Helmet Use Affects Motorcycle Accident Claims

You can still recover compensation from a New York motorcycle accident claim even if you weren’t wearing a helmet. However, the amount you receive could decrease depending on the circumstances. New York follows a comparative negligence rule, which means the court can reduce your compensation award if it finds your actions contributed to your injuries. 

For example, if you suffered severe head or neck injuries because you weren’t wearing a helmet, the court might decide you share some responsibility for the severity of those injuries. If this happens, the court will reduce your compensation by your percentage of fault. For instance, if the court found you 20 percent at fault, it would decrease your compensation by 20 percent. 

If you didn’t suffer head or neck injuries, not wearing a helmet likely wouldn’t affect your claim. Other types of injuries, like broken bones, wouldn’t be impacted by helmet use, so your compensation for these injuries likely wouldn’t change. Each case depends on the specific facts and circumstances. A knowledgeable lawyer can protect your rights and advocate for the full compensation you deserve, regardless of whether you wore a helmet when the crash occurred.

Insurance Requirements for New York Motorcycle Owners

All New York motorcycle owners must have liability insurance to operate their motorcycles legally. The law requires you to carry specific minimum amounts of coverage. These include $25,000 per person and $50,000 per accident for bodily injury, as well as $50,000 per person and $100,000 per accident for death. Additionally, you must have at least $10,000 in coverage for property damage per accident. 

Remember, liability insurance only covers other people’s injuries and property damage in an accident where you’re at fault. It does not cover your own medical bills or repair costs.

How Insurance Claims Work After a New York Motorcycle Crash

New York’s insurance claims process works differently for motorcycle accidents than it does for car accidents. Unlike cars, motorcycles are not covered under New York’s no-fault insurance system. This means motorcyclists cannot rely on automatic coverage for their medical bills and lost wages after an accident, even if they were not at fault.

Instead, if you’re injured in a motorcycle crash, you must file a claim against the at-fault party’s insurance to seek compensation for your losses. This might involve negotiating with the at-fault driver’s insurance company or filing a lawsuit if necessary. If you were at fault, your liability insurance would cover the other party’s losses but not your own. Instead, you would need additional insurance to cover your own medical expenses or motorcycle repairs, such as health insurance or motorcycle-specific collision coverage.

Contact a Central New York Motorcycle Accident Lawyer Now

If you’ve been hurt in a New York motorcycle accident, contact CDH Law, PLLC, today for your initial consultation. We can explain your legal options and discuss how we can handle the next steps in your case.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay.

Common Causes of Motorcycle Accidents and How to Avoid Them

According to National Highway Traffic Safety Administration data, motorcycle accidents killed 6,218 riders in a recent year. Many of these accidents result from the actions of negligent drivers, and motorcyclists’ unique vulnerability in accidents often makes the results catastrophic. Here are some tips to help you avoid a crash and ensure you’re protected if one occurs.

Distracted Driving 

Distracted drivers are one of the biggest dangers for motorcyclists. When drivers are more focused on their phones, food, or other distractions than on the act of driving, they put everyone on the road at risk. This is especially true for motorcyclists, who are smaller, easier to overlook, and far less protected than those in passenger vehicles.

Always be alert and aware of your surroundings to protect yourself from distracted drivers. Keep an eye out for drivers who seem to be looking down or not paying attention to the road. If you see someone driving erratically or drifting between lanes, give them plenty of space and be prepared to take evasive action if necessary.

Speeding & Reckless Driving 

Speeding and reckless driving are two more significant contributors to motorcycle accidents. When drivers are going too fast or weaving in and out of traffic, they have less time to react to unexpected hazards on the road. This can be extremely dangerous for motorcyclists, who are more vulnerable in crashes.

To stay safe, it’s important to always obey posted speed limits and ride defensively. Avoid tailgating or trying to squeeze between cars in traffic. Instead, give yourself ample space to maneuver and be prepared to brake or swerve if needed.

Left-Turn Accidents 

Left-turn accidents are among the most common types of motorcycle crash. These accidents happen when a car or truck makes a left turn in front of an oncoming motorcycle, either because the driver didn’t see the bike or misjudged its speed and distance. 

To avoid left-turn accidents, it’s essential to always be extra cautious when approaching intersections. It’s also a good idea to wear bright, reflective gear and always keep your headlight on to make yourself as visible as possible.

Inadequate Protective Gear 

Wearing the right protective gear is one of the most important things you can do to stay safe on a motorcycle. A DOT-approved helmet is an absolute must, as it can dramatically reduce your risk of a severe head injury in a crash. Jackets, pants, gloves, and boots designed specifically for motorcycling can also help protect you from road rash, broken bones, and other injuries. Always wear protective gear, even if you’re going on a short ride around town.

Lack of Visibility

Motorcycles are smaller than other vehicles on the road, making them harder for drivers to see. This is especially true at night, in bad weather, or when a bike is in a driver’s blind spot. 

To make yourself more visible, always wear bright, reflective gear and keep your headlight on. You can also use reflective tape or decals on your bike to make it more noticeable. Stay out of the driver’s blind spots and be extra cautious when passing or merging into traffic.

Contact a Syracuse & Central New York Motorcycle Accident Lawyer Today

Motorcycle accidents are a serious problem, but there are steps you can take to mitigate your risk and stay safe on the road. By understanding the most common causes of motorcycle accidents and taking proactive steps to avoid them, you can help protect yourself and others. Always wear protective gear, stay alert and visible, and ride defensively.

If you suffer injuries in a motorcycle accident in Syracuse, NY, don’t hesitate to contact the experienced attorneys at Carden Dotzler Hammond, PLLC. We have years of experience fighting for the rights of motorcycle accident victims and their families, and we’re here to help you get the compensation you deserve. Contact us today to schedule a free consultation and learn more about your legal options.

New York Insurance Requirements for Motorcycles

New York, the time has finally arrived when we get nice weather. The winter winds are on their way out and it is time to get out and enjoy all that this great state has to offer. For many, this will mean switching their preferred mode of transportation to motorcycling. Before you get out there on the road with your bike, make sure you have the motorcycle insurance that is required by law in New York.

What Are the Insurance Requirements for Motorcycles in New York?

In order to register your motorcycle in New York, you will need proof of insurance. The state’s law mandates that motorcycles carry minimum insurance in the following limits:

  • $25,000 in bodily injury coverage per person
  • $50,000 in total bodily injury coverage per accident
  • $10,000 in property damage coverage per accident

If you have purchased auto insurance in New York, you may be wondering where the requirement for personal injury protection coverage is on this list. After all, New York is a no-fault state and automobiles are required to carry no-fault insurance that they can file against after an accident, regardless of who was at fault in causing the accident. Motorcycles, however, are not required by New York law to carry no-fault insurance coverage. It is one of the exceptions to the law.

Because there are so many months in New York where riding a motorcycle would not be very pleasant, i.e., the entirety of winter, it is important to know that you can pause or cancel your requisite motorcycle insurance coverage. You can pause or cancel coverage without needing to give up your registered license plate. Before you hit the road again, however, be sure that you have an active and adequate insurance policy to avoid legal liability.

Above and beyond the requisite minimum insurance coverage, motorcyclists may want to consider expanding their coverage to help ensure that they have access to coverage for their own injuries and other damages in the event of an accident. For instance, collision coverage is not required, but can pay out damages should your bike suffer damages in a collision, regardless of who is at fault for the crash. You may also want to consider adding motorcycle comprehensive coverage. This coverage will help protect you should your bike suffer damage due to things beyond your control. This may include severe weather or vandalism, among other things.

Central New York Personal Injury Attorneys

Motorcycles are fun and a great way to enjoy the finer seasons here in New York. Like all modes of transportation, however, they are not without their risks. If you or a loved one has been injured in a motorcycle accident, you may have sustained serious and lasting injuries. You can count on the team at CDH Law to pursue full and fair compensation on your behalf. We fight for you so that you can focus on your health and recovery. Contact us today.