According to the National Highway Traffic Safety Administration, head injuries are the leading cause of death and severe injuries in motorcycle collisions. As such, various states have enacted mandatory motorcycle helmet laws to mitigate the risks. While operating a motorcycle in a busy environment such as New York City, it’s vital to protect yourself by wearing a helmet and complying with state laws. Motorcyclists are more vulnerable due to the lack of protection. That said, you may wonder whether you are legally required to wear a helmet in New York. If you have been injured in a motorcycle accident due to no fault of your own, it’s in your best interest to contact a determined New York City Motorcycle Accident Attorney who can help you navigate your legal options. Please continue reading to learn about New York’s motorcycle helmet laws.
Do You Have to Wear a Motorcycle Helmet in NYC?
New York’s laws on motorcycle helmets are quite clear as they were established to promote the safety of motorcylsits and their passengers. Under New York law, all motorcyclists and their passengers are required to wear helmets and eye protection regardless of their age or experience level. The helmet must comply with federal motor vehicle safety rules. It must have a U.S. Department of Transportation (DOT) sticker located between 1 to 3 inches from the bottom of the helmet. The helmet cannot have rigid projections inside the shell, and no projections can protrude more than 0.2 inches from the outer helmet. In addition, it must have a continuous protective curved surface and peripheral vision clearance for the rider.
Can I Recover Damages if I Am Not Wearing a Helmet?
As mentioned above, motorcylsits and their passengers are required to wear helmets because there is a much greater likelihood of severe injuries in the event of an accident if you are not wearing a helmet. Failing to wear an approved motorcycle helmet could also limit the compensation you can receive after an accident. Generally, you are entitled to seek compensation for your damages; however, New York is a pure comparative negligence state, which means that your award will be reduced by your degree of fault for the accident if you were partially to blame. The insurance company may argue that you are not eligible to receive full compensation because you were negligent in wearing a helmet that could have mitigated your damages.
At Swerling Law, we are prepared to zealously represent you and advocate for your interests. If you have been injured in a motorcycle accident due to someone else’s negligence, please don’t hesitate to contact a seasoned New York City motorcycle accident attorney who can help you fight for the justice you deserve.