Yes, all motorcyclists in the state of New York are required to wear a helmet. So are motorcycle passengers. However, dozens of unhelmeted motorcyclists are still killed in traffic accidents across the state every year. In 2022, 185 motorcyclist fatalities were recorded statewide. More than 22 percent of these riders weren’t wearing proper head protection.
Not wearing a safety helmet while riding a motorcycle in New York City can have catastrophic consequences – both for a rider’s physical well-being and their ability to recover compensation for their medical bills, lost wages, and suffering.
Understanding New York’s Motorcycle Helmet Law
New York imposes mandatory motorcycle helmet requirements on all riders regardless of age because motorcyclists are 22 times more likely to die in traffic accidents than occupants of other vehicles. When you ride a motorcycle, you lack the protection of a large steel frame, airbags, and other safety features that are now standard on passenger vehicles. The best protection against catastrophic injury and death is fairly simple – a helmet.
According to the National Safety Council, motorcycle helmets reduce the risk of death in motorcycle riders by 37 percent. Between 2002 and 2017, an estimated 25,000 lives have likely been saved by motorcycle helmets.
However, not just any motorcycle helmet will satisfy New York’s strict helmet requirements. Riders and passengers must wear helmets that satisfy the requirements outlined in Section 571.218 of the Federal Motor Vehicle Safety Standards (FMVSS).
If you ride a motorcycle in New York, your helmet must be approved by the Department of Transportation (DOT), which at a minimum means there’s no rigid protection inside the helmet, any rigid projections on the outside span no more than 2 inches, and that your peripheral vision isn’t obstructed.
New York’s motorcycle law – found in Section 381 of New York’s Vehicle and Traffic Law – also requires motorcyclists and passengers to wear goggles or a face shield for enhanced protection. Violating New York’s motorcycle helmet law, which carries a $100 fine and up to 30 days in jail, won’t just increase the odds of dying or suffering severe injuries in a crash. It’ll also affect your ability to recover compensation from an insurance company or a liable third party.
Failure to Mitigate Your Damages By not Wearing a Motorcycle Helmet
While you may have the right to seek compensation for your injuries after a motorcycle accident in New York City, several things can impact your legal claim for damages. One involves a failure to mitigate your injuries. Under New York state law, you’re required to wear a motorcycle helmet and eye protection so that you’re less
likely to suffer catastrophic trauma in an auto accident. You’re also encouraged to take other steps to mitigate – or reduce the potential severity of – your injuries if you’re involved in a motorcycle crash. These can involve wearing appropriate clothing – over-the-ankle shoes, full-finger gloves, a long-sleeved jacket, long pants, and reflectors – as well as installing a motorcycle crash bar on your bike.
If you don’t attempt to mitigate your injuries, it can lead to a reduction in any damages you’re awarded through a related personal injury action. Under New York’s pure comparative negligence rule, damages are reduced proportionately to fault. The defendant in your case might make an argument that your injuries are much more severe than they should have been because you weren’t wearing a helmet or failed to take other protective action. In turn, these allegations can result in a significant reduction in your settlement or jury award.
If you’re assigned 50 percent liability for your motorcycle accident injuries, it could mean recovering just $1 million when your motorcycle accident case is really worth $2 million.
The Platta Law Firm Can Help You Fight for Maximum Compensation After a Motorcycle Accident in NYC
Wearing a motorcycle helmet and other protective equipment won’t guarantee that you’ll walk away from a motorcycle accident unscathed. You’ll still be susceptible to serious physical injuries, including broken bones, crushing injuries, burn injuries, neck injuries, amputation, and brain injuries. Motorcycle accidents can inflict devastating emotional trauma, too.
These injuries and life changes can be costly. You deserve to be compensated. Working with an experienced NYC motorcycle accident lawyer at The Platta Law Firm can help you win your case and maximize your recovery – especially when an at-fault party tries to blame you for the crash.
The Platta Law Firm is a fierce legal advocate for injured motorcyclists in New York. We’re top-rated New York trial lawyers with over 150 years of combined experience who are invested in improving the lives of each and every client we represent. We take on powerful corporations and win big for our clients, setting records and shaping the law in the process. Contact our NYC law office at (212) 514-5100 for a free consultation to discover how we can advocate for your best interests after a motorcycle accident, too.
