If you’re riding your motorcycle on the streets of New York, wearing a helmet isn’t just a safety precaution—it’s the law. New York has been at the forefront of motorcycle helmet law, being the first state to mandate it for all motorcycle drivers all the way back in 1967. Therefore, understanding NY’s helmet laws is essential for both your safety and protecting your legal rights in the event of an accident. We want to help people ride motorbikes safer and smarter; therefore, in this post, the accident injury lawyer Brooklyn team at Gabriel Law will be taking the opportunity to talk to you about NY’s motorcycle helmet laws.
Why is wearing a motorcycle helmet important?
As we’ve mentioned above, wearing a motorcycle helmet is necessary for both safety and legal reasons. First and foremost, it protects your head from injury. Traumatic brain injuries and other head injuries are among the most common injuries suffered by motorcyclists, and statistics by the New York DMV show that helmets contribute to a 37% reduction in the risk of death. At the same time, wearing a helmet allows other motorists to see you clearly and avoid a crash altogether, and they offer some degree of protection during bad weather. The bottom line is, if you value your health and safety, you must wear a helmet.
What is New York’s motorcycle helmet law?
New York’s comprehensive motorcycle helmet law can be found in Section 381 (6) of the New York State Vehicle and Traffic Law. According to the section, it is unlawful for any person to ride or operate a motorcycle without wearing a protective helmet that matches the requirements set out in Section 571.218 of the Federal Motor Vehicle Safety Standard. Based on Section 571.218, the helmet must
- Display the Department of Transport symbol, placed 1-3 inches from the bottom, to show that you have received DOT approval.
- Not have any excessive projections inside the shell, and external projections outside the shell must not exceed 0.2 inches.
- Feature a continuous protective surface that is curved.
- Ensure that there is peripheral vision clearance for the rider.
What are the penalties for non-compliance and violation of the law?
Non-compliance of New York’s helmet law carries a number of legal penalties, that includes a $100 fine, a potential 30-day jail sentence, or a combination of both punishments.
How will wearing your motorcycle helmet impact your case?
When you file an insurance claim or lawsuit, keep in mind that the other party tries to reduce your compensation by claiming that you are either fully or partially at fault for the injuries you’ve suffered. Such a reduction in compensation would be possible under New York’s pure comparative negligence law, where your compensation will be reduced by the extent of your fault. When the evidence demonstrates that you were wearing a helmet when the crash occurred, you show that you did nothing wrong, which in turn weakens the case of the opposition and greatly improves your chances of receiving full compensation.
Conclusion
If you’re riding around on your motorcycle in New York, do not do so without wearing your helmet—it’s both a matter of safety and avoiding legal trouble. New York’s motorcycle helmet law is very precise, and we’ve used this blog to help you stay up to date. At Gabriel Law, we are committed to helping everyone with their legal troubles. So if you’re looking for an injury lawyer in Brooklyn to handle your motorcycle accident case, then look no further and schedule a free consultation with us today!