New York law requires motorcycle riders to wear a helmet, and the failure to do so could affect their compensation in the event of an accident. Comparative negligence considerations will apply, which may allow the at-fault party to reduce your available compensation.
Understanding how comparative negligence works is an integral part of your case. Protecting the full value of your claim requires retaining experienced legal counsel. The attorneys of Carden Dotzler Hammond, PLLC are here to help.
New York’s Motorcycle Helmet Rules
By law, New York motorcycle riders and passengers must wear a helmet regardless of their age or experience. The helmet must meet federal Department of Transportation (DOT) specifications. The National Highway Traffic Safety Administration (NHTSA) explains the rules:
- Proper fitting: A helmet must properly fit based on the shape and size of the individual’s head. A correctly fitting helmet will be a little tight, provide some pressure on the head without causing discomfort, and will not move when the rider shakes their head.
- DOT certification: DOT-compliant helmets will clearly display “DOT, FMVSS No. 218, CERTIFIED” along with the manufacturer and brand, plus the model designation.
- Not a novelty helmet: The NHTSA warns against so-called novelty helmets. They are unsafe, will not protect you in the event of an accident, and often have a fake DOT certification label.
- Not broken or defective: The helmet should not have broken or defective parts, or cracks that could cause the helmet to fail in the event of an accident. Replace a broken helmet right away.
Motorcyclists must also wear goggles or a face shield when they ride, even if the motorcycle has a wind screen. Violating either the helmet or eye protection rules could result in a $100 fine, 30 days in jail, or both.
Not Wearing a Helmet May Affect Your Compensation
If you are not wearing a helmet at the time of an accident, you can still recover monetary compensation. But the total amount may be less due to your failure to wear a helmet. This is due to a legal rule known as comparative negligence.
Comparative negligence allows a court to reduce a victim’s compensation if their actions contributed to their injuries. Since not wearing a helmet can cause a victim to suffer a major head injury, the court may decide the victim is partially to blame for the severity of that injury.
For example, the court may assign 20% to the victim for their failure to wear a helmet. If the victim would otherwise have been entitled to $100,000 in damages, the amount will be lowered by 20% ($20,000), netting $80,000 to the victim.
Insurance Rules for New York Motorcyclists
New York motorcyclists are required to carry liability insurance that meets or exceeds the state minimum amounts of coverage. Those amounts are:
- $25,000 per person/$50,000 per accident for bodily injury
- $50,000 per person/$100,000 per accident for death
- $10,000 per accident for property damage
Unlike car accidents, motorcycle accidents are not subject to New York’s no-fault insurance system. This means a victim cannot expect automatic coverage for their medical bills and lost income the same way a car accident victim can.
Consequently, if you’re in an accident, you must file a claim against the at-fault driver’s insurance system to receive compensation. Your case will likely go one of two routes:
- You will negotiate a settlement with the at-fault driver’s insurance company
- You will file a lawsuit against the at-fault driver, the owner of the vehicle who hit you, or another party
If you were at fault, your insurance will cover other people’s injuries, death, and property damage in the event of an accident. It will not pay for your own injuries or property damage. Another insurance policy you have may cover your medical bills and motorcycle repairs.
Contact Our Dedicated New York Motorcycle Accident Lawyer Today
Whether you were wearing a helmet at the time of your accident or not, the insurance rules that apply to your case will make it more challenging to receive compensation. But having a skilled law firm in your corner will help. If you were injured, connect with CDH Law today.
Frequently Asked Questions
Does violating New York’s motorcycle helmet law automatically make me at fault for the accident?
No, not wearing a helmet doesn’t automatically make you at fault. Determining fault will require looking at the facts of the case and the actions of the other driver. However, as mentioned above, not wearing a helmet may reduce your compensation.
When would lack of a helmet not reduce my compensation?
If you suffered injuries that a helmet would not have prevented, such as a broken arm, then for that injury the helmet issue is irrelevant. The at-fault driver cannot simply avoid responsibility for all of your injuries and walk away from the case just because you weren’t wearing a helmet.
How can an attorney help me fight an attempt to reduce my compensation?
Your lawyer should investigate what the at-fault driver did and obtain evidence that proves their negligence. Also, your lawyer can separate injuries that a helmet might have prevented versus those it would not have. The goal is to maximize the at-fault party’s responsibility.
In certain severe accidents, a helmet would not have prevented the victim’s brain damage (though it may have lessened its severity). This means the at-fault driver can still be liable for the brain damage. Expert witness testimony may be required to explain the details of this.
What if the at-fault driver has no insurance?
If the driver who hit you was uninsured, there are other parties who could be held at least partially liable for your losses, depending on the facts of your case. These include:
- The driver’s employer, if the driver was within the scope of employment at the time of the crash
- In a drunk driving case, a bar that served too much alcohol to a visibly intoxicated driver
- Negligent road construction crews or a government entity responsible for poor road work
- The manufacturer of the at-fault vehicle or your motorcycle, if a manufacturing defect was involved
You may also be able to seek assistance from the Motor Vehicle Accident Indemnification Corporation (MVAIC), a non-profit that provides coverage to certain eligible accident victims. We can help you explore this option as well.