Motorcycle accidents often result in serious injuries, especially when a rider is not wearing a helmet. If you were involved in a motorcycle accident in New York and did not wear a helmet at the time, you may be wondering whether you can still file a lawsuit. The short answer is yes, but the process becomes more complex due to New York’s comparative negligence laws. Understanding how the law applies in these cases and how your decision not to wear a helmet affects your compensation is critical if you want to pursue a successful claim.

New York’s Helmet Laws for Motorcyclists

New York has strict helmet laws designed to protect motorcyclists and prevent catastrophic injuries. Under New York Vehicle and Traffic Law Section 381, all motorcyclists and their passengers must wear helmets that meet the safety standards set by the U.S. Department of Transportation. This law applies regardless of a rider’s age or experience. Failing to wear a helmet while riding a motorcycle in New York not only violates the law but can also complicate any potential personal injury lawsuit arising from an accident.

Filing a Motorcycle Accident Lawsuit in New York

Even if you were not wearing a helmet at the time of your accident, you still have the right to file a personal injury lawsuit if another party’s negligence caused the crash. New York follows a no-fault insurance system for motor vehicle accidents, which means that in most cases, you must first file a claim with your own insurance company to seek compensation for medical expenses and lost wages. However, motorcycle accidents are treated differently. Since motorcyclists are not covered under New York’s no-fault insurance laws, injured riders typically file a claim against the at-fault party to recover damages.

How Comparative Negligence Affects Your Case

New York follows the principle of pure comparative negligence in personal injury cases, meaning that if you are found partially at fault for your injuries, your compensation will be reduced by your percentage of fault. In a motorcycle accident where the rider was not wearing a helmet, the defense may argue that the lack of a helmet contributed to the severity of the rider’s injuries. While failing to wear a helmet does not prevent you from filing a lawsuit, it can significantly impact the amount of compensation you receive.

For example, if the court determines that your decision not to wear a helmet contributed 20% to your injuries, your total award would be reduced by 20%. If you were awarded $100,000 in damages, you would ultimately receive $80,000 after the deduction.

Proving Liability in a Motorcycle Accident Case

To succeed in a motorcycle accident lawsuit, you must prove that the other party acted negligently and caused your injuries, which typically involves demonstrating that the other driver breached their duty of care by acting recklessly, speeding, failing to yield, or engaging in other dangerous behavior. Evidence such as police reports, witness statements, traffic camera footage, and expert testimony can strengthen your case.

Establishing Negligence

In New York, establishing negligence requires proving four essential elements: duty, breach, causation, and damages. You must show that the at-fault driver owed you a duty of care, breached that duty through negligent actions, and caused the accident that resulted in your injuries.

Addressing the Helmet Defense

If you were not wearing a helmet at the time of the crash, the defense may raise the argument that your failure to wear one contributed to your injuries. It is essential to have an experienced attorney who can counter this defense by focusing on the negligent actions of the other party that led to the accident. While not wearing a helmet may reduce your compensation, it does not fully eliminate your right to recover damages.

When Not Wearing a Helmet May Not Impact Your Case

In certain situations, not wearing a helmet may have little or no impact on your ability to recover compensation. If the injuries sustained in the accident are unrelated to your head or neck, the fact that you were not wearing a helmet becomes less relevant. For example, if you suffered broken bones, spinal injuries, or internal organ damage, these injuries would not have been prevented by wearing a helmet. In such cases, the defense may have a harder time reducing your compensation based on your decision not to wear one.

The Importance of Legal Representation

Filing a motorcycle accident lawsuit in New York when you were not wearing a helmet presents unique legal challenges. An experienced personal injury attorney can help navigate these complexities and build a strong case on your behalf. Your attorney can work to minimize the impact of comparative negligence on your claim and maximize the compensation you receive.

Negotiating with Insurance Companies

Insurance companies often attempt to reduce payouts by exploiting comparative negligence laws. Having an attorney handle negotiations ensures that you do not accept a settlement that undervalues your claim. Your attorney can push back against attempts to shift undue blame onto you for not wearing a helmet.

Rizzuto Injury Firm Can Help

Even if you were not wearing a helmet during your motorcycle accident in New York, you still have the right to file a lawsuit and seek compensation for your injuries. However, you must be prepared for the possibility that your failure to wear a helmet may reduce your overall compensation. 

We’ll help you fight for the compensation you deserve. To schedule a consultation with our team, call Rizzuto Injury Firm at 516-604-5496 today.