Motorcycles are inherently dangerous, as they do not offer the same protections the build that a standard motor vehicle does. This is why operators and passengers are expected to dress themselves in protective gear in the unfortunate event of an accident. Such protective gear primarily entails a helmet. Follow along to find out the state’s enforced motorcycle helmet laws and how a proficient New York City auto accident attorney at Mark L. Bodner, P.C. can help if you, by chance, get injured.
What are New York State’s enforced motorcycle helmet laws?
The motorcycle helmet laws vary state by state but are particularly strict in New York State. Under state law, all motorcycle operators and their passengers are required to wear helmets. This law applies across the board, regardless of age or years of experience. What’s more, this law holds that these helmets must meet certain standards outlined in the federal motor vehicle safety rules.
For one, a helmet must indicate that it has been approved by the Department of Transportation (DOT) by featuring a DOT symbol between one to three inches from its bottom. Then, a helmet must not contain rigid projections within its shell or more than 0.2 inches from its outer parts. Rather, a helmet must be designed with a continuous curved surface, along with sufficient peripheral vision clearance.
What are the chances of getting injured while wearing a motorcycle helmet?
The National Highway Traffic Safety Administration (NHTSA) reports that a motorcycle operator’s or passenger’s wearing of a helmet may be 29 percent effective in preventing a fatal head injury and 67 percent effective in preventing a fatal brain injury in the event of an accident. What’s more, the United States General Accounting Office reports that a motorcycle operator’s or passenger’s wearing of a helmet may have a 73 percent lower fatality rate.
While a helmet is undoubtedly helpful, it may not make you completely immune from getting involved in an accident and subsequently incurring injuries. At the end of the day, you cannot control other drivers’ reckless behaviors on the road. And, to reiterate, the make of a motorcycle makes it inherently dangerous.
This is to say that you should seek recovery through a personal injury claim if you have been seriously injured in a motorcycle accident. Your wearing a helmet at the time of the accident may better prove that you were abundantly careful and that the accident was due to no fault of your own. But if you were not, then the argument may be made that you were partially to blame for the severity of your injuries. With New York State’s pure comparative negligence law, this may, at the very least, cause you to collect a lesser percentage of your total damages.
The time to act is now. So please pick up the phone and call a talented New York City personal injury attorney from Mark L. Bodner, P.C. We look forward to hearing from you.