New Yorkers And Helmet Laws For Motorcyclists
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.
Injured Due To A Motorcycle Accident And Have Questions? We Can Help, Tell Us What Happened.
Regardless of your helmet situation, the lawyers at Proner & Proner in NYC can help you with your motorcycle accident case. Call or email us now for a free consultation.
New York Law Regarding Helmets And Motorcycle Operation
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 Wearing A Helmet Vs. Wearing A Helmet For Your NYC 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.
Get Advice From An Experienced Motorcycle Accident Lawyer
Contact A Professional NY Motorcycle Accident Attorney For A Free Consultation About Your Case
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.
Client Testimonials
Here’s what some of our clients have to say about us!
Got into a motorcycle accident and went to Proner&Proner. I received great services and excellent results, I would definitively recommend the services. It was a great experience for me, A++ attorneys.
When I felt I needed legal support after a motorcycle accident, I sought out an attorney who was a motorcyclist as well. Fortunately, I found Mr. Proner. The concern I received was a comfort. The firm’s contact with me while working on my behalf was reassuring and the results certainly made a bad experience easier to put behind me. My gratitude to Proner & Proner.
Mitchell Proner is an amazing and very experienced trial lawyer, who takes care of his clients. He represented me in a car accident case, kept me very informed during the lengthy legal process and got me the settlement that I expected. His friendly office staff was always willing to assist and answer any questions I had. I recommend Mitchell Proner to all my friends and family!
I am very grateful for the services they were very quick and they dealt with my case right away. Thank you very much.
Mitchell Proner is an excellent lawyer. He took our case and did the right thing. We recommend him 100% to anyone. His staff are professionals and they care about their clients.
Greatest Lawyers I ever had. Answer any and every question I ever had. They treated me as one of the family. I can’t say enough about this firm. Thank you so much for all you guys did.
Awesome experience, excellent service, very professional and fast resolving my case. My number one attorney – definitely recommended more than once. Thank you!
Motorcycle Accident Verdicts & Settlements
FAQs About Motorcycle Accidents
A helmet that covers your entire face will protect you against traumatic brain injury, goggles will shield your eyes from the elements while you ride and ensure that your vision is unblocked, gloves will prevent lacerations to your hands if you are thrown from your bike or if the bike skids on the roadway, and a motorcycle jacket with bright colors will protect your upper body against injuries in a crash and make you more visible to other motorists on the road or highway.
Additionally, since NY law requires motorcycle riders to wear helmets, the failure to wear a helmet could affect your ability to win an accident claim if you do sustain injuries in a motorcycle crash.
It's important to know what to do after a motorcycle accident. Whether you were involved in a single-vehicle accident, a head-on collision with another motor vehicle, a hit-and-run accident, or any other type of motorcycle accident, the most important thing for you to do immediately after the crash is to get to a safe place on the road (or off the road).
Next, you need to get proper medical treatment for your injuries. And remember that some injuries aren’t always apparent right after the motorcycle accident and may take days or even weeks to become obvious, so make sure that you see a doctor and get checked out just to be sure.
You should also report the motorcycle accident to the police and get a police report. This will ensure that everything is documented for your accident claim with the insurance company and for court if the case eventually goes to trial.
Once you have taken care of your physical well-being and reported the accident to the police, protect yourself legally and speak to an experienced motorcycle accident attorney at Proner & Proner. Do not talk to the other motorist or to the insurance company before talking to a qualified attorney who can explain your legal options and make sure that you do not make any unnecessary admissions to the insurance adjustor.
You may be wondering who will pay your medical bills after a motorcycle accident, unfortunately, a lot of vehicle insurance policies don’t cover all motorcycle accident injuries. For instance, your motorcycle insurance policy may not provide medical coverage for any injuries you sustained in the motorcycle crash. That’s because NY motorcycle insurance policies don’t automatically come with Personal Injury Protection (PIP), which means that the injured rider is typically responsible for payment of their own medical bills after an accident. The best way to protect yourself and ensure that you get the compensation you need to cover your accident-related medical expenses is to speak with an experienced New York motorcycle accident lawyer as soon as possible.
Of course, you may be wondering: Why should I put this on my own carrier when I’m not at fault? Your carrier will typically make payment quicker than the adverse vehicle’s carrier. Then your carrier will go to the adverse vehicle’s carrier and seek reimbursement for the money they paid you. So, they get repaid by the adverse vehicle’s carrier. They will typically also recover the deductible (the money your insurer deducted from the value of your bike), which will be reimbursed to you.
If you did not have collision coverage, the adverse vehicle should make payment to you, but typically they will claim that a portion of the accident is your fault. They may claim that you were speeding, or that you failed to pay attention to the other vehicles on the road, even if you did nothing wrong. They may try to deduct 10% to 15% from what they rightfully owe you. Whether you wish to accept 90% or 85% of the value of your vehicle is up to you.
Typically, there are several issues that must be resolved to determine the value of a motorcycle accident case. The first issue is: Who is at fault for the accident? Even though you may be partially at fault, you still may be entitled to compensation.
The second issue is the extent and permanency of your injuries. Typically, after an accident, your doctors will try to predict the healing process, but there is no certainty until actual healing takes place. Sometimes, an injury to a joint will heal but there will be limitation of motion. Sometimes, physical therapy will improve healing and you will regain a full range of motion. Other times, surgery is necessary, or a limitation may be permanent.
This degree of permanency of your injuries, along with any loss of earnings or earning capacity, will affect the value of the case. Additionally, if you lose the ability to pursue a hobby or skill—such as a hand injury limiting your ability to play guitar—it could also affect the claim’s value.
Lastly, sometimes, recovery in a motorcycle accident case is limited by the amount of insurance or assets that an individual must pay for damage they caused.
Moreover, we have a demonstrated history of success in winning motorcycle accident cases at trial. Insurance carriers around the nation know that we have this history of success. Because we have a reputation of being willing and able to get fair compensation for our clients in motorcycle accident cases, we have an advantage when we demand fair compensation for our clients.
Related Pages
In The Press
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. 
Ferry Disaster
Attorney Mitchell Proner, an experienced maritime law attorney, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people. 
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. Office Location
Even though the firm has successfully represented clients from five continents and over 30 jurisdictions, Proner & Proner serves New York personal injury clients in all five boroughs from our office in Midtown Manhattan.
