As one of the few safety devices motorcyclists have, helmets are crucial for preventing serious head trauma and potentially life-threatening injuries. Many states, including New York, require at least some riders to wear protective headgear, but what if you’re hit by a negligent driver when you’re not wearing a helmet? Unfortunately, in many cases failing to follow the law can have a dramatic impact on your ability to file a personal injury claim for your losses.

New York’s Motorcycle Helmet Laws

While some states require only some riders to wear protective headgear, New York requires all bikers to wear a helmet at all times. This applies to both passengers and drivers, no matter their age or level of experience. Riding without a helmet puts you at risk of getting a ticket, as well as major injuries if someone causes an accident.

Injuries Sustained Without a Helmet

Like many other states, New York follows the principle of “comparative negligence,” which reduces the award a victim receives if their own behavior contributed to their injuries. For instance, if a careless driver hits your bike, you would normally be able to sue for the full extent of your damages. However, if the jury determines that your failure to wear a helmet made you 40% responsible for your personal injuries, you’ll only receive 60% of your total losses.

Fortunately, failing to wear a helmet doesn’t automatically cause a reduction in your personal injury settlement. For example, if you suffered serious back injuries a helmet wouldn’t have prevented, your attorney will likely be able to collect the full amount you deserve. However, if you suffered a concussion or other serious head trauma, you may need an experienced attorney to aggressively fight for your rights.

If you or a loved one has been injured in a motorcycle accident, the personal injury team at Neimark & Neimark will provide the zealous representation you need. With over 40 years of experience protecting victims throughout Rockland and Orange counties, they offer exemplary customer service and unmatched legal expertise. Visit their website to learn how they can help after a motorcycle accident or call (888) 725-7424 for a consultation with an experienced personal injury lawyer.