How New York’s Helmet Law Can Affect a Motorcycle Rider’s Injury Claim

Under New York law, all motorcycle riders and passengers must wear a helmet that meets federal motor vehicle safety standards. Failure to comply with this law can have substantial legal implications, particularly in the context of injury claims stemming from an accident.

When a motorcycle rider is involved in a collision, the question of fault arises. Typically, the cause of the accident itself and of the resulting injuries are assessed independently. Failure to wear a helmet as required by Vehicle and Traffic Law Section 381(6) cannot be considered a contributing cause of the accident. Factors like driver error, road conditions or vehicle defects are more pertinent in determining the cause of the collision.

However, when it comes to injuries sustained in the accident, the lack of a compliant helmet becomes relevant. It could be argued that this lapse contributed to the severity of their injuries, particularly if those injuries include head trauma. Wearing a helmet could have mitigated or prevented the extent of the injuries sustained.

Under New York’s comparative negligence law, the compensation a rider recovers in an injury claim can be reduced if they are found to be partially at fault for their injuries. Comparative negligence means that if a rider’s actions (or lack of actions, such as not wearing a helmet) contributed to their injuries, their compensation may be diminished in proportion to their degree of fault. For instance, if it is determined that the rider’s failure to wear a helmet contributed 30 percent to the severity of their injuries, their total compensation would be reduced by 30 percent.

This reduction does not mean that the rider forfeits all rights to compensation; it simply adjusts the amount to reflect the rider’s share of responsibility. The key issue often revolves around proving the extent to which the absence of a helmet exacerbated the injuries. Expert testimony and medical evidence play critical roles in these determinations, as they help establish the correlation between helmet usage and injury severity.

An experienced New York motorcycle accident attorney can conduct an investigation of how the lack of a helmet may have affected the injuries suffered and can make a compelling case for damages related to other causes. 

At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, we help New York motorcycle riders get compensated for their injuries. We operate on a contingency fee basis, so you pay no fees unless we prevail in your case. To learn how we can help you, contact us online or call us at 631-360-0400.