New York law requires all motorcyclists to wear a helmet while riding. But what happens if you’re injured in a motorcycle accident and weren’t wearing one at the time? Many riders assume they have no right to compensation in these situations — but that’s not always true.
While failing to wear a helmet can impact your claim, you may still be entitled to recover damages for certain injuries. Understanding New York’s laws and how fault is determined can help you protect your rights after a motorcycle accident.
New York’s Motorcycle Helmet Law
Under New York Vehicle and Traffic Law § 381(6), all motorcycle operators and passengers are required to wear a U.S. Department of Transportation (DOT)-approved helmet. Additionally, riders must wear protective eyewear, such as goggles or a face shield.
Because New York enforces a universal helmet law, failing to wear one can not only result in a ticket but may also influence your ability to recover compensation after an accident.
Can You Still Receive Compensation Without Wearing a Helmet?
Yes, you may still be eligible for compensation if you were injured in a motorcycle accident without a helmet — but the outcome depends on several factors:
1. The Type of Injury You Sustained
If your injuries are unrelated to your head or face, not wearing a helmet may have little impact on your claim. For example, if you suffered a broken arm, spinal injury, or road rash, the absence of a helmet wouldn’t have contributed to those injuries. In these cases, the other driver’s insurance may still be fully responsible for your damages.
However, if you suffered head trauma, such as a concussion, skull fracture, or traumatic brain injury (TBI), the insurance company may argue that your failure to wear a helmet contributed to the severity of your injuries. This can reduce your potential compensation.
2. New York’s Comparative Negligence Rule
New York follows a pure comparative negligence system. This means that if you are found partially responsible for your injuries, your compensation can be reduced by your percentage of fault.
For example, if you are awarded $100,000 in damages but the court finds you 30% responsible because you weren’t wearing a helmet, your compensation would be reduced to $70,000. However, you would still receive some financial recovery.
3. Proving the Other Party’s Negligence
Even if you weren’t wearing a helmet, you must still prove that the other party’s negligence caused the accident. This may involve showing that the driver:
- Was speeding or driving recklessly.
- Failed to yield the right of way.
- Was distracted, impaired, or fatigued.
- Violated traffic laws or ran a red light.
Strong evidence — such as police reports, eyewitness statements, and accident scene photos — can help demonstrate the other party’s liability.
What Damages Can You Recover After a Motorcycle Accident?
Even if you weren’t wearing a helmet, you may still be eligible for various types of compensation, including:
- Medical expenses: Hospital bills, surgeries, medications, and rehabilitation costs.
- Lost wages: Compensation for income lost while recovering from your injuries.
- Property damage: Repair or replacement costs for your motorcycle and gear.
- Pain and suffering: Emotional distress, physical pain, and reduced quality of life.
- Future medical care: Long-term care, therapy, or home modifications for permanent disabilities.
An experienced motorcycle accident attorney can help you calculate the full value of your claim and fight for maximum compensation.
How to Strengthen Your Claim If You Weren’t Wearing a Helmet
If you were involved in a motorcycle accident without a helmet, taking the following steps can improve your chances of recovering fair compensation:
1. Seek Immediate Medical Attention
Even if your injuries seem minor, see a doctor right away. Delaying medical care may worsen your condition and give the insurance company grounds to argue that your injuries weren’t serious or accident-related.
2. Gather Evidence at the Scene
If possible, take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. Collect contact information from witnesses and obtain a copy of the police report to support your case.
3. Document Your Recovery
Keep records of your medical appointments, treatments, medications, and related expenses. Detailed documentation can help demonstrate the impact of your injuries on your daily life and financial stability.
4. Avoid Speaking with Insurance Adjusters Alone
Insurance companies may attempt to minimize your claim or shift blame to reduce their payout. Avoid making statements without consulting an attorney first, as insurers may try to use your words against you.
5. Contact a Motorcycle Accident Attorney
Working with a skilled attorney can significantly improve your chances of recovering compensation. An experienced lawyer can investigate your accident, gather evidence, and negotiate with insurance companies on your behalf.
Contact Shafran and Rock Today for Your Motorcycle Accident Case
Even if you weren’t wearing a helmet, you may still have the right to pursue compensation for your injuries. Don’t let insurance companies unfairly reduce or deny your claim.
Contact us today for a free consultation. At Shafran and Rock, we are dedicated to fighting for injured motorcyclists in Kingston and throughout New York, ensuring they receive the compensation they deserve.
