It’s no secret that riding a motorcycle can be dangerous. This is why many states require riders to use a motorcycle helmet when they are operating their vehicles. Does New York force riders to wear helmets? Can you sue if you got hurt in an accident and you weren’t wearing a helmet? Our Westchester County motorcycle accident attorneys can answer those questions and more.
Does NY Require You to Wear a Motorcycle Helmet?
Yes, if you are operating a motorcycle in New York you must be using a motorcycle helmet. Head injury is a leading cause of death in motorcycle accidents, and even those who walk away from a crash with such wounds could end up dealing with continued health problems. So you must wear a helmet, no matter what your age or experience level is.
There are also rules about what kind of motorcycle helmet you have to wear. They need to be approved by the Department of Transportation. These helmets come with a DOT symbol on them and do not impede a rider’s peripheral vision.
Do Passengers Need a Motorcycle Helmet?
Passengers also need to wear a motorcycle helmet. These helmets also have to meet federal standards. Studies have shown that the right type of motorcycle helmet can save lives and prevent serious brain injuries, so these rules are in place to protect riders and their passengers.
Can I Still Sue For Damages If I Wasn’t Wearing a Motorcycle Helmet?
Sometimes people don’t follow the law though. Whether you were just out for a short ride or you just didn’t feel like finding your motorcycle helmet for the first ride of the season, there are all sorts of excuses we can make for why we don’t take a safety precaution. If you get hurt in an accident without your helmet, you can still sue for compensation.
You just should know that you will probably be found partly negligent. This means that your total compensation awarded can be reduced in accordance with your level of fault. Let’s say that you win $500,000, but the jury also believes that you were negligent because you did not wear a motorcycle helmet. Maybe they think that you are 25% to blame for the accident. This means that you will only get 75% of your awarded compensation, or $375,000.
What Kind of Compensation Can I Win in a Motorcycle Accident Case?
When you sue for damages after a motorcycle accident, a fair compensation offer should address the monetary costs of the accident as well as the psychic toll it took on you and your loved ones. Your compensation can help make up for:
- Medical expenses
- Lost wages
- Loss of enjoyment
- Property damage
- Loss of earning potential
- Pain and suffering
Talk to a Personal Injury Lawyer Today
If you were hurt in a motorcycle accident and you’re ready to sue for damages, contact Hausman & Pendzick. We can schedule a case consultation for you and help you learn more about the potential value of your claim.