If you were injured in a motorcycle crash and weren’t wearing a helmet, you might assume you don’t have a legal case. After all, helmets are required by law in New York, so won’t that automatically make you responsible? Not necessarily. While failing to wear a helmet can complicate your claim, it doesn't erase your right to pursue compensation. A motorcycle accident lawyer New York can still help you fight for what you’re owed. Your case might just be stronger than you think.
If you were injured in a motorcycle crash and weren’t wearing a helmet, you might assume you don’t have a legal case. After all, helmets are required by law in New York, so won’t that automatically make you responsible? Not necessarily. While failing to wear a helmet can complicate your claim, it doesn't erase your right to pursue compensation. A motorcycle accident lawyer New York can still help you fight for what you’re owed. Your case might just be stronger than you think.
In New York, all motorcycle drivers and passengers are required by law to wear a helmet that meets federal safety standards. This regulation is strict, and failure to comply can result in traffic citations or fines. However, from a legal standpoint, not wearing a helmet doesn’t mean you’re automatically at fault for an accident or that you can’t file a personal injury claim.
What it does mean is that your case may involve some legal complications. Insurance companies may argue that your lack of a helmet contributed to your injuries, but that’s far from the end of the story. In reality, you can still pursue damages for your medical bills, lost income, and more with just the right legal strategy.
New York follows a pure comparative negligence rule, which means that even if you were partially at fault for your injuries (such as by not wearing a helmet), you can still recover compensation. However, your total compensation may be reduced based on your share of the blame.
For example, if your total damages are $100,000 and a court finds you 30% responsible for your injuries due to helmet non-use, you could still recover $70,000. A motorcycle accident lawyer in New York works to limit that percentage by showing that your injuries were mostly caused by the other party’s negligence, not your lack of a helmet.
Your motorcycle accident lawyer has to prove that the injuries you suffered were not directly caused or worsened by not wearing a helmet. While helmets are designed to protect the head, many motorcycle injuries involve other parts of the body: broken legs, fractured arms, spinal trauma, internal injuries, and more.
Your lawyer may work with doctors to demonstrate that your injuries would have occurred regardless of helmet use. For example, if you sustained a back injury or a shattered femur, a helmet would have had no effect on the outcome. These distinctions are important when dealing with insurance adjusters or presenting your case in court.
When you’re dealing with a complex situation like riding without a helmet, having an experienced motorcycle accident lawyer in New York is more important than ever. Insurance companies are quick to point fingers and reduce your claim based on helmet non-use, but a seasoned attorney knows how to counter these tactics with facts, testimony, and a good legal strategy.
Without legal guidance, you may unknowingly accept a lowball offer or believe you're not entitled to compensation at all. A lawyer ensures your rights are protected, presents your case in the strongest light, and fights for a settlement that is reflective of the full extent of your injuries, helmet or no helmet.
Not wearing a helmet might affect your motorcycle accident claim, but it doesn’t erase your right to seek justice. If you’ve been injured in a crash, don’t let assumptions or insurance company tactics stop you from getting the compensation you deserve.
A dedicated motorcycle accident lawyer at Gabriel Legal can guide you through the legal process, build a strong case, and fight for every dollar you’re owed.
So, don’t wait around. Contact us today at (212) 497-2421 or email suren@gabriellegal.com as soon as possible to protect your rights and start the road to recovery.
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