Motorcycle helmets are not just protective gear; they are pivotal in reducing the severity of injuries and fatalities. According to the NHTSA, helmets saved over 25,000 lives between 2002 and 2017. The NHTSA also proves that helmets are 37% influential in managing motorcycle injuries for riders and 41% effective for passengers.
However, what if you’re in an accident caused by another’s negligence while not wearing a helmet? Does it completely nullify your chances of obtaining compensation for your injuries? The answer depends on helmet laws in your state and the concept of shared responsibility in accident claims. While forgetting to wear helmet may lessen your compensation, a skilled motorcycle accidents attorney can still help you pursue a fair settlement.
The Role of Helmet Use in Safety
Helmets are vital in preventing severe injuries, particularly traumatic brain injuries, in motorcycle accidents. NHTSA data shows helmets reduce the risk of death in crashes by 29% and are 67% effective in preventing brain injuries. Beyond safety, helmets offer additional benefits, such as:
- Reducing noise levels: Helps minimize distractions.
- Protection from debris and weather: Shields riders from environmental hazards.
- Improved visibility: Built-in visors enhance vision, especially on bright days.
- Road presence: Helmets with reflective elements make riders more visible to others.
A well-fitted helmet enhances a rider’s confidence and safety, making it a critical part of every motorcyclist’s gear.
Helmet Laws Across the United States
Motorcycle helmet laws vary significantly across states.
- Universal helmet laws: States like New York and California mandate helmet use for all riders, regardless of age.
- Partial helmet laws: States like Ohio and Connecticut require helmets for specific groups, like young riders.
- No helmet laws: Illinois and Iowa do not force people to follow helmet laws.
This variation influences rider safety and the legal implications of motorcycle accident cases.
Helmet Laws in New York State
New York was the initial state that introduced a universal helmet law in 1967, requiring all motorcyclists and passengers to wear helmets. Helmets must meet specific standards, including:
- A Department of Transportation (DOT) approval sticker.
- Continuous protective surfaces without rigid projections.
- Adequate peripheral vision clearance for the rider.
Non-DOT-compliant or novelty helmets are illegal in New York. Riders using unapproved helmets may face fines and decreased compensation in the circumstance of an accident.
Liability in Helmet-Related Accidents
Liability can become complicated when a motorcyclist without a helmet is involved in an accident. Many states, including New York, follow comparative negligence laws. This principle allocates fault between the involved parties based on their contributions to the accident.
For example:
- If a motorist runs a red light and collides with a helmetless motorcyclist, the motorist might be deemed 70% at fault.
- The motorcyclist’s lack of helmet use could account for 30% of the blame, potentially reducing their compensation by that percentage.
Comparative negligence highlights the importance of understanding state laws and their implications on accident claims.
Insurance Companies and Helmet Laws
Insurance companies generally leverage helmet non-use to decrease payouts. They might question that if they forget to wear a helmet worsens the rider’s injuries, reducing the insurer’s liability. In such circumstances, having a familiar motorcycle accident attorney is crucial. They can:
- Challenge insurance company claims.
- Present evidence of the other party’s negligence.
- Help secured claim for medical bills, lost wages, and other damages.
Conclusion
Wearing a helmet protects more than your safety—it also strengthens your legal standing in accident claims. Whether your state mandates helmet use or not, understanding how helmet laws impact liability is essential. If you’ve been in a motorcycle accident, consult an experienced attorney to navigate your case and ensure you receive fair compensation.
References:
- https://mokaramlawfirm.com/the-impact-of-helmet-use-on-motorcycle-accident-claims-what-you-need-to-know/
- https://www.findlaw.com/injury/car-accidents/helmet-laws-and-motorcycle-accident-cases.html
- https://www.cellinolaw.com/blogs/how-helmet-laws-affect-motorcycle-accident-claims/
- https://yoshalawfirm.com/blog/helmet-use-motorcycle-accident-claims/