Riding a motorcycle offers a unique sense of freedom, but it also comes with risks, especially when protective gear like helmets isn’t used. In New York, wearing a helmet isn’t just a personal choice; it’s a legal requirement.
Yet, if you were injured in a motorcycle accident and weren’t wearing a helmet, you might wonder: Can I still get compensation for my injuries? This guide addresses this question in-depth, helping you understand how helmet laws and compensation work in New York, even if you weren’t wearing a helmet.
Let’s break down the legal implications, your rights, and what to expect if you pursue a no-helmet injury claim.
Does New York Law Require Motorcyclists to Wear Helmets?
Yes, under New York’s Vehicle and Traffic Law § 381, both motorcycle operators and their passengers are required to wear a helmet approved by the U.S. Department of Transportation. This applies to all motorcycle riders regardless of age, skill level, or riding experience.
The law is in place for safety, as helmets are known to reduce the risk of head injuries. Failure to comply with this law can lead to fines and citations.
Although not wearing a helmet can’t legally prevent you from filing a personal injury claim, it does introduce complexities when it comes to determining compensation for your injuries.
Can I Still File a Claim if I Wasn’t Wearing a Helmet?
Yes, you can still file a claim even if you weren’t wearing a helmet. New York law permits injured motorcyclists to seek compensation regardless of helmet use.
The main goal is to address the harm caused by another party’s negligence. However, the absence of a helmet may affect the compensation you receive if it’s shown that wearing one could have minimized the injuries.
For instance, head injuries or facial trauma could become focal points in the legal debate. Your attorney can help demonstrate that other factors—such as road conditions or the other driver’s recklessness—were the primary causes of your injuries, regardless of helmet use.
How Does Helmet Use Affect My Injury Claim?
When you file a personal injury claim in New York, the legal doctrine of comparative negligence comes into play. This means that if you’re found partially responsible for your injuries, your compensation may be reduced by your percentage of fault.
In the case of not wearing a helmet, a court might decide that part of your injuries could have been prevented if you had worn one. This can impact compensation, especially for motorcycle injuries without helmet claims.
To illustrate, if you suffered a traumatic brain injury (TBI) in the accident, the defense might argue that the lack of a helmet worsened your condition. In this case, the court may assign a percentage of responsibility to you.
If you’re found 20% responsible, your compensation will be reduced by that amount. This doesn’t mean you forfeit your rights; it simply adjusts the amount to reflect shared responsibility.
Can I Claim for Non-Head-Related Injuries if I Wasn’t Wearing a Helmet?
Injuries unrelated to head trauma are generally unaffected by helmet use when it comes to compensation. This means that if you suffer injuries like broken bones, spinal damage, or severe bruising, you can seek full compensation for these injuries.
For example, if another driver’s negligence led to a leg fracture or back injury, the fact that you weren’t wearing a helmet is irrelevant to the injuries that aren’t connected to head protection.
Courts typically only consider helmet use when head injuries are a primary focus of the case. So, if your injuries are largely non-head-related, lack of helmet use won’t reduce your compensation in any meaningful way.
Will My Compensation Be Reduced Because I Wasn’t Wearing a Helmet?
As mentioned, New York follows a comparative fault model, which can lead to reduced compensation if the court determines that your lack of helmet use worsened your injuries. The reduction depends on how significant the unhelmeted head injuries were compared to the total injuries from the accident.
If, for instance, you’re awarded $100,000 in damages but are found 25% at fault due to not wearing a helmet, you’ll receive $75,000 after the reduction. This only applies if the defense can show that the absence of a helmet significantly contributed to your injuries.
Your lawyer will work to limit the impact of this reduction by demonstrating the primary cause of your injuries was the other driver’s negligence, not your helmet choice.
How Can a Lawyer Help if I Wasn’t Wearing a Helmet?
Navigating a motorcycle accident claim without a helmet can be complex, which is why having an experienced lawyer is essential. Your attorney will help gather evidence, reconstruct the accident scene, interview witnesses, and work with medical experts to assess your injuries.
They will also challenge any assertions that unfairly place blame on you for not wearing a helmet. In cases where motorcycle injury without a helmet is central, your lawyer’s focus is to minimize the reduction of your compensation by highlighting the other party’s negligence.
Additionally, a skilled lawyer knows how to negotiate with insurance companies, who may try to leverage your helmet choice against you. With an attorney, you can pursue a fair settlement that considers all aspects of your injury, medical costs, pain, and suffering without an unfair emphasis on helmet use.
What Kind of Compensation Could I Expect if I Wasn’t Wearing a Helmet?
In New York, compensation types generally fall into three categories:
- Medical Expenses: Coverage for hospital stays, surgeries, physical therapy, and any medical treatments.
- Pain and Suffering: Compensation for emotional distress, physical pain, and any ongoing impact on quality of life.
- Lost Wages: Recovery for income lost during recovery or if you’re unable to return to work.
While helmet use might affect compensation for head injuries, it doesn’t necessarily impact compensation for other types of injuries. To get a clearer picture of what you might receive, your attorney can offer an estimate based on the specifics of your case.
Are There Any Exceptions or Special Cases?
There are a few exceptions or unique situations that might affect your claim:
- Low-Powered Bikes: Some lighter, lower-powered bikes and scooters might have different helmet requirements.
- Medical Conditions: If a rider had a medical exemption from wearing a helmet, this could influence the case.
- Legal Precedents: Your lawyer might be aware of case law favoring riders who were injured without a helmet but were still able to recover full compensation.
In some instances, certain laws or precedents may support full compensation regardless of helmet use, especially if non-helmet-related injuries are the primary issue.
What Are My Rights if the Other Driver Claims My Injuries Were Entirely My Fault?
If you weren’t wearing a helmet, the at-fault driver or their insurance may try to argue that your injuries are entirely due to your choice not to wear protective gear, shifting blame away from their actions. This is a common tactic, but it’s not legally sound.
In New York, you have the right to pursue compensation as long as another party is responsible for the accident. Even if you weren’t wearing a helmet, that doesn’t excuse another driver’s negligence.
For example, if the other driver ran a red light or was speeding, their actions are still primary contributors to the accident. Your attorney will work to hold the other driver accountable by focusing on their negligence as the main cause of your injuries.
This can help ensure that the driver’s responsibility isn’t overlooked due to your helmet choice.
How Does Helmet Use Affect Pain and Suffering Damages?
Pain and suffering compensation is designed to address the emotional and physical impact of an injury beyond medical bills and lost wages. Lack of a helmet might influence pain and suffering awards in cases where severe head injuries are involved since the defense might argue these could have been mitigated.
However, pain and suffering can also account for other non-head injuries, such as back pain, broken bones, or psychological trauma.
Your New York motorcycle accident attorney will emphasize the total scope of your suffering to ensure you receive fair compensation. They may gather testimony from medical experts and even psychologists if the injury has had long-lasting effects on your mental well-being.
Courts recognize that pain and suffering are deeply personal experiences, and even if helmet use comes up, your unique, overall suffering is still valid and eligible for compensation.
What Should I Expect During the Claims Process if I Wasn’t Wearing a Helmet?
Filing a claim when you weren’t wearing a helmet may follow a slightly different process, as the defense or insurance company might contest your injuries more vigorously. Here’s what to expect:
- Initial Investigation: Your lawyer will gather all evidence, such as accident reports, witness statements, and medical records, to establish the other driver’s fault.
- Medical Expert Testimony: A medical expert may be brought in to explain how your injuries relate to the accident versus helmet use, which is especially helpful for demonstrating how other factors contributed to the injury.
- Negotiation Phase: Insurance companies may push for a lower settlement, but your lawyer will negotiate to ensure that helmet laws and compensation don’t unfairly reduce your award.
- Trial (If Necessary): In some cases, the claim may go to trial, where a judge or jury will evaluate fault and award compensation. Your lawyer will make a strong case for your rights, regardless of helmet use.
Understanding these steps can help you feel more prepared and proactive in your case. The CEO Lawyer Personal Injury Law Firm will be with you through each stage, ensuring your voice is heard and you receive a fair outcome.
The CEO Lawyer Personal Injury Law Firm has extensive experience handling no helmet injury claims and can guide you through the legal process to pursue the compensation you deserve. Call us today at (516) 689-1132 for a free consultation.
Don’t let the absence of a helmet keep you from receiving justice. We’re here to help you every step of the way.
