In the state of New York, wearing a motorcycle helmet is not optional. It’s a legal requirement. But when an accident happens, many motorcyclists wonder:
Can not wearing a helmet reduce my compensation? Can the insurance company use it against me?
The answer is: yes, it can influence the case, but it does not eliminate your right to file a claim. Here’s how it works and what to do if you were involved in a motorcycle accident in NYC.
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What does the helmet law in New York say?
New York is one of the states with the strictest helmet laws.
According to Vehicle and Traffic Law § 381(6):
“All motorcycle operators and passengers must wear protective helmets approved by the Commissioner of the DMV.”
Failing to comply with this law is a violation, but it can also open the door to arguments of “shared fault” in a personal injury lawsuit.
Can it affect your compensation?
Yes. Under the principle of comparative negligence, which applies in New York, your compensation can be reduced if it’s determined that you contributed to your own injuries.
Example:
- If the other driver is 80% at fault
- But you weren’t wearing a helmet and that worsened your injury
- The court could reduce your compensation to 60% or 70%, depending on the case
This does not mean you lose the right to file a claim, but it may reduce the amount you receive.
With 30 years of experience winning top settlements, we know how to deal with insurance companies and the legal system. You’re in the best hands with us.
What types of injuries are most affected by this argument?
Insurance companies may argue that certain injuries would have been less severe if you had worn a helmet.
These may include:
- Traumatic brain injuries
- Skull fractures
- Facial or cervical damage
On the other hand, if the helmet wouldn’t have changed the nature of the injury (for example, leg fractures or spinal damage), the argument loses legal strength.
What can your lawyer do if you weren’t wearing a helmet?
At Proner & Proner, we’ve handled many motorcycle accident claims in NYC, even when the rider wasn’t wearing a helmet. Our approach focuses on:
- Proving the other party was responsible for the accident
- Providing medical evidence that links the injury to the impact, not the lack of a helmet
- Disputing any attempt to exaggerate your “comparative fault”
In addition, if the responsible driver was distracted, speeding, or made an illegal turn, that can outweigh any argument against you.
Importance of acting quickly
If you were involved in a motorcycle accident in New York City and weren’t wearing a helmet, it’s essential to:
1. Seek immediate medical attention
2. Do not admit fault to the insurance company
3. Contact a specialized lawyer as soon as possible
The sooner you act, the stronger your defense will be, even if you violated a traffic rule.
Mitchell Proner: motorcyclist, lawyer, advocate
Mitchell Proner is not only a motorcycle lawyer in New York with decades of experience. He’s also a motorcyclist, so he understands the reality of riding in the city and the risks you face.
His experience allows him to:
- Identify common insurance tactics
- Focus the defense on what actually caused the accident
- Fight to ensure your right to compensation is not unfairly limited
Weren’t wearing a helmet? You may still have a case
It doesn’t matter if you weren’t wearing a helmet. If the accident was caused by another driver, you have the right to be represented and heard.
At Proner & Proner, we offer:
- Free consultation
- No fee unless we win your case
- Aggressive and personalized representation throughout NYC
Call today at 800-321-1234 or fill out the online form.
Your defense starts now.
