- The universal helmet law in New York requires all riders and passengers to wear a helmet while riding a motorcycle.
- A helmet must meet DOT standards, fit properly, and remain unmodified to be considered safe and legal in New York.
- Not wearing a helmet can result in fines, points on your license, increased insurance premiums, and reduced compensation in an accident claim.
New York has one of the strictest motorcycle helmet laws in the country. Under Vehicle and Traffic Law Section 381, all motorcycle operators and passengers must wear an approved helmet. This is a universal helmet law, which means there are no exceptions based on age or experience.
At Chopra & Nocerino, we’ve seen firsthand how New York’s motorcycle helmet laws affect both rider safety and the outcome of accident claims. We know how to apply this area of the law to seek maximum compensation for injured motorcyclists, and we’re ready to do exactly that for you.
What Are the Requirements for a Legal Motorcycle Helmet in New York?
Under New York law, helmets must comply with standards set by the U.S. Department of Transportation (DOT). A DOT-approved helmet will display a DOT sticker on the back.
While this motorcycle helmet law only mentions DOT compliance, following other safety guidelines is equally important. Choose a helmet that fits snugly on your head without obstructing your vision. Compare your head measurements to the manufacturer’s size chart, and try it on before you ride—a properly fitting helmet will feel slightly snug and stay put when you shake your head.
Make sure your helmet has a chin strap that fastens securely under your chin. The strap should use sturdy metal rivets and remain tight while riding, as this prevents the helmet from coming off in a crash.
Additionally, keep your helmet in its original condition to avoid voiding the DOT certification. Don’t drill holes into it, remove its padding, or make other alterations that compromise its structural integrity or safety features.
Are There Any Exceptions to the Helmet Law in New York?
There are no exceptions to New York’s helmet laws. Some states have helmet laws that only apply to underage or less experienced riders, but New York’s helmet law makes no exceptions. The law is universal, meaning it requires every rider and passenger to wear a DOT-approved helmet.
If you’re riding a motorcycle in New York, you must wear a helmet—whether you’re a 16-year-old new rider or a confident motorcyclist with decades of experience.
How Does Not Wearing a Helmet Affect My Motorcycle Accident Claim?
Not wearing a helmet doesn’t automatically prevent you from pursuing a claim after a crash, but your safety gear might affect the outcome of your motorcycle accident lawsuit. New York follows a comparative negligence system, which means your compensation can be reduced if you’re found partially responsible for your injuries.
If you suffer a head injury that you could likely have prevented or made less severe by wearing a helmet, the insurance company may argue to reduce your damages for that specific injury. This applies even if someone else caused the accident. Our New York motorcycle accident lawyers can push back against these arguments and protect your right to fair compensation, even if you weren’t wearing a helmet at the time of the crash.
What Are the Penalties for Not Wearing a Helmet in New York?
Failing to comply with New York’s motorcycle helmet law carries both legal and personal consequences, including:
- Fines: You may be fined up to $100 if you are caught riding a motorcycle without a helmet.
- License points: A helmet violation can add points to your driving record. The Department of Motor Vehicles may suspend your driver’s license if you accumulate too many points within an 18-month period.
- Insurance implications: Riding without a helmet may result in higher auto insurance premiums since insurers view noncompliant riders as a higher risk. The insurance company may see the violation as long as it remains on your record, so this financial consequence could follow you for many years.
- Increased injury severity: The most serious consequence of not wearing a helmet is the heightened risk of catastrophic or fatal head injuries.
These penalties highlight how seriously New York treats motorcycle safety. If you’ve been injured in a motorcycle accident, our firm can help you understand the full extent of the legal consequences of not wearing a motorcycle helmet in New York.
Let Us Protect Your Rights After a Motorcycle Crash
At Chopra & Nocerino, we are real New Yorkers committed to advocating for motorcyclists and their safety. Insurance companies often place unfair blame on injured motorcyclists by arguing that helmet noncompliance or other factors take away their right to fair compensation. Our attorneys are prepared to challenge these tactics and help you pursue every dollar you’re entitled to. We’ll stop at nothing to make sure your bills are paid.
If you have questions about how New York’s motorcycle helmet laws could impact your accident claim, contact us online or call 855-NYC-HURT for a free consultation. We’re ready to listen to your story, explain your rights and options, and start guiding you on a path forward.
