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Every state has different regulations and laws about motorcycle helmet gear and how that can affect a settlement against an insurance claim after a motorcycle accident. Some have zero tolerance for motorcyclists who fail to be compliant with helmet laws, while others are more lenient. In New York City, they are very strict about motorcycle helmet laws, and compensation is rare if a helmet wasn’t worn by an injured rider.
Under New York state law, “It shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet of a type which meets the requirements set forth in section 571.218 of the federal motor vehicle safety standards.”
It is important to understand what constitutes proper helmet wear. Make sure to do your research and make sure that your helmet complies with state regulations. You must also be sure that the way you position and wear your helmet aligns with the clear directions set forth by the manufacturers of the helmet for proper use.
Improper use is even addressed in some places of the New York motorcycle laws. For instance, one section states, “Wearing motorcycle helmet ‘cowboy style,’ i.e., sitting on back of head and resting on top of defendant’s shoulders, did not constitute compliance with motorcycle helmet law.” If you were involved in a motorcycle accident in New York City, Queens, the Bronx, Brooklyn, or anywhere else in NY, it is imperative that you speak with a qualified attorney who can explain the relevant motorcycle helmet laws and their impact on your motorcycle accident claim.
Not complying with helmet laws usually results in your motorcycle accident injury claim getting tossed in the trash in New York City. Officials will likely consider you as non-compliant and irresponsible, making you more liable for the injuries you sustained. It is, of course, possible at times to prove that based on the severity of your head or neck injury, there still would have been serious damage even if a helmet was worn. This can result in some compensation, but usually the failure to follow proper safety procedures will adversely affect a settlement offer for an injured motorcyclist. By contrast, if you were wearing your helmet, you can expect a much better settlement offer as long as you were not liable for the accident.
Wearing a helmet can be uncomfortable, and sometimes we simply forget to put on the helmet before hitting the road. But wearing a helmet can also can drastically improve your settlement offer after a motorcycle accident in New York City. Even if you weren’t wearing your helmet, Proner & Proner can sometimes increase your potential compensation by proving that your injuries would have been sustained regardless of helmet wear. Motorcycle accidents can be very traumatic, and not getting compensation because of a small mistake can be devastating. Our experienced legal team will do the best we can as your legal advisors to get you compensated for your NYC motorcycle accident injuries.
We offer free consultations so that you can find out what your case might be worth and learn what your chances of getting a proper settlement might be.
Motorcycle Accident Verdicts & Settlements
We understand motorcyclists because we ride. And we understand that when things go wrong on a motorcycle, often it’s not the motorcyclist’s fault. Here are some of our successes in getting compensation for riders.
Female, 35: Motorcyclist hit by oncoming traffic
Our client was riding on the back of a motorcycle going south when the defendant heading north made a left hand turn in front of the client, causing the accident.
Injuries: Fractured left leg which required surgery
Male, 47: Motorcyclist hit by vehicle
Our client was hit by a car pulling into the roadway.
Injuries: Two broken legs
Male, 52: Wrongful death
Our client was killed in an intersection accident.
Injuries: Wrongful death
Male, 23: Motorcyclist hit by vehicle
Our client was hit by a right turning car.
Injuries: Broken wrist
Male: Motorcyclist hit by vehicle
The defendant made a left turn into the path of our client, who was riding a motorcycle
Injuries: Broken ankle
Male, 36: Motorcyclist hit by vehicle
The defendant’s vehicle collided with our client’s motorcycle.
Injuries: Surgery to the client’s leg, 20 stitches on his right foot
Male, 48: Motorcyclist loss of control
Our client was driving his motorcycle on the BQE and crashed into a HOV lane divider that did not have adequate warnings in front of it.
Injuries: Intracranial skull fracture; multiple facial fractures, multiple rib fractures
Male, 32: Motorcyclist hit by vehicle
Our client was riding his motorcycle when he was cut off by a car making a left hand turn.
Injuries: Fractured right ankle, road rash
Female, 40: Motorcyclist hit by vehicle
Our client was on a motorcycle, about to overtake legally, when a car made a U-turn and stuck the client.
Injuries: Mild traumatic brain injury, compression fracture in spine, permanent scarring
Male, 26: Motorcyclist loss of control
Our client was on his motorcycle where he went over a metal plate which had dirt and gravel on it - causing his bike to slip out from under him.
Injuries: Fractured left ankle requiring surgery
Male, 24: Motorcyclist hit by vehicle
Our client was going straight on through a green light on his motorcycle when he was struck by a car coming from the opposite side making a left turn.
Injuries: Fractured right femur, ruptured testicle that had to be removed
Male, 34: Motorcyclist hit by vehicle
Our client was side swiped by 81-year-old defendant driver.
Injuries: Surgery for carpal tunnel syndrome
Male, 24: Motorcyclist loss of control
Our client laid down his motorcycle after he claimed the car being driven by the defendant went through a stop sign.
Injuries: Shoulder injury
Road Rage Incident
Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.
Hit and Run
Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.
Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.