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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.