After a motorcycle crash, your compliance with helmet laws may become a relevant factor. Specifically, an at-fault driver may attempt to shift some or all of the blame for head injuries to helmetless riders. An experienced Middletown personal injury attorney can help you fight against these allegations.
If you’ve been hurt in a motorcycle crash in Middletown, NY, call Rolo Law Personal Injury Lawyers at (845) 383-7790 to schedule a free consultation. Our Middletown motorcycle accident lawyers fight these defenses to seek fair compensation after a crash.
How Rolo Law Personal Injury Lawyers Can Help After A Motorcycle Accident In Middletown, NY
Derek Rolo, our law firm’s founding attorney, has over 40 years of legal experience, including prior experience defending insurance companies. He now applies the insights he has learned to advocate for positive outcomes in injury cases in Middletown, New York.
When a careless or aggressive driver collides with your motorcycle, our Middletown personal injury lawyers provide the following legal support:
- Explaining your legal right to injury compensation under New York law
- Gathering evidence to build a case against the negligent driver
- Preparing your liability claim and negotiating with the at-fault driver’s insurance carrier
- Filing a lawsuit if the insurer denies your claim
Head trauma from a motorcycle accident can produce permanent disabilities that affect your long-term health and finances. Contact us to schedule a complimentary case review with a Middletown motorcycle accident attorney to discuss your crash and the compensation you can seek for the impacts of your injuries.
New York’s Motorcycle Helmet Law
State laws vary in their motorcycle helmet requirements. A few states have no helmet law, while over a dozen states, including New York, have universal helmet laws. The majority of states have helmet laws that are limited to certain riders, such as those under a certain age.
Under New York’s motorcycle helmet law, all riders must wear a protective helmet. This mandate covers both operators and passengers. Importantly, it does not exempt anyone for medical reasons. Moreover, it does not excuse riders in sidecars. The only exemptions allowed under the law are for exhibition or parade riders as permitted by local police authorities.
To comply with the law, a protective helmet must comply with federal regulations governing the construction and testing of crash helmets. You can typically determine whether a helmet meets federal requirements by looking for a label on or inside a helmet.
A helmet lacking such a label is likely a “novelty” helmet designed for looks rather than protection. These helmets are likely not in compliance with New York’s helmet law. More importantly, they may not protect you from head injuries in a collision.
Risks of Riding Helmetless in Middletown
Motorcycle helmets are highly effective at preventing brain injuries and death. Specifically, helmets reduce the risk of head trauma by up to 69%. As a result, helmeted motorcycle operators are 37% less likely to die in motorcycle accidents. In choosing to ride without a helmet, you are putting yourself at risk of severe head injuries or death.
A helmet works in two respects. First, it protects the skin and connective tissues from lacerations and abrasions. Second, it absorbs and distributes an impact, reducing the forces transmitted to the skull and brain. While the sheer force of the crash might still jostle the brain, the rider may only suffer a concussion rather than a fatal skull fracture or cerebral contusion.
What Happens if You Are Hit While Riding Without a Helmet?
Motorcycle accidents often involve two collisions. The first collision occurs when the vehicles strike each other. A rider hit by a vehicle can strike their head on the vehicle during the impact since motorcycles offer little protection to riders.
The second collision occurs when the rider slams into the ground. Motorcycle accidents are highly likely to result in an ejection. When an ejected rider hits the ground, they often cannot protect their head from the impact. Injuries from either or both of these impacts can be severe and will likely require extensive and expensive medical care, among other costs.
How Can Not Wearing a Helmet Affect Liability in a Motorcycle Accident Case?
Negligence typically determines the liability for a traffic crash in New York. A driver is negligent when they fail to use the care and caution expected of an ordinary person in the same circumstances. For example, a driver who fails to spot a motorcyclist before changing lanes may be negligent. As a result, the driver may be liable for the rider’s injury-related losses.
These principles apply whether you wear a helmet or not. However, part of the blame may shift to you under a doctrine called “comparative fault.” Specifically, motorcyclists must also exercise reasonable care to protect themselves while riding. In some cases, a jury may include wearing a helmet among a rider’s legal duties, and not doing so could affect their compensation award.
Contact Our Middletown Motorcycle Accident Lawyers for a Free Consultation
Motorcycle crashes can result in serious injuries to the riders’ heads, faces, and brains, even when they wear helmets. Contact Rolo Law Personal Injury Lawyers to learn how our Middletown motorcycle accident lawyers can help you pursue fair compensation for your injury-related losses.
