People on motorcycles have little between them and the road, which means accidents can often result in severe harm. Fractures, neck and back trauma, and traumatic brain injuries happen even to the most responsible motorcyclists.
Safety equipment saves lives and prevents some serious injuries. That’s just one way safety gear affects the outcome of a motorcycle accident. A knowledgeable and respected attorney will tell you that safety gear can also significantly affect the outcome of a motorcycle accident lawsuit.
At Chopra & Nocerino, our experienced motorcycle accident lawyers understand how safety gear can influence the outcome of your case and know how to fight for fair compensation.
How Safety Gear Protects Riders and Impacts Legal Claims
New York motorcycle laws require specific safety gear, such as helmets and eye protection, to shield riders and passengers from harm. While you may not be legally required to wear other motorcycle safety gear, it can impact your compensation in an accident claim if you don’t.
Helmets
New York’s motorcycle equipment law requires drivers and passengers to wear helmets that meet federal safety standards. This law protects those on motorcycles from serious injuries and death. Helmets reduce deaths in motorcycle accidents by almost 40 percent and the risk of head injury by almost 70 percent.
Wearing a motorcycle helmet can also reduce your liability in a crash, especially if you experience head or neck injuries. If you fail to wear one, insurers or the court may at least partly blame you for the severity of your injuries. This, in turn, can affect the amount of compensation you receive for damages.
Protective Clothing
New York does not require protective clothing when riding a motorcycle, but the state recommends wearing the right gear. Jackets, pants, gloves, and boots, particularly leather ones, protect against road rash and other burns. Gloves give you a better grip and protect your hands from going numb in the cold, but they can also make it harder to control the bike.
People have biases against motorcyclists and often carry the false belief that they are reckless. Wearing protective clothing shows your commitment to safety even when not required by law. This can be an important consideration for decision-makers in motorcycle accident claims that hinge on assigning fault and negligence.
Other Safety Gear
New York’s motorcycle equipment law also requires protective eyewear, including goggles or a face shield. A windscreen may offer additional protection but does not replace protective eyewear under New York law.
You aren’t legally required to wear reflective clothing, but it can help other drivers see you better. The state recommends that motorcycle helmets have at least four square inches of reflective material on both sides.
Insurance companies and juries must determine who is responsible for your motorcycle accident and the extent of your injuries. Failing to wear proper safety gear can make you partially liable if it contributed to your harm.
How Safety Gear Affects Liability in a Motorcycle Accident Lawsuit
Motorcycle safety gear doesn’t just protect your health. It can boost your chances of receiving fair compensation in a motorcycle accident claim. Failing to wear it can also mean losing potential damages.
Comparative Negligence
New York uses a pure comparative negligence standard in personal injury cases. This means your percentage of responsibility reduces your compensation proportionately. For example, if you have $1 million in damages from a serious motorcycle crash and were 20 percent responsible for the accident, you can collect $800,000 in damages.
It’s important to remember that not using safety gear can reduce your compensation. When judges and insurance companies determine the distribution of fault in an accident, they do so for the accident itself and the resulting injuries. You might not have caused your accident, but your action or inaction could reduce your damages and compensation.
To protect your health and to increase your chances of receiving fair compensation in a motorcycle accident claim, follow all laws and take extra protective precautions.
Proving Negligence
Because each party in an accident could bear some liability, you must prove the other party’s fault and minimize your own. Suppose you were in a motorcycle accident and suffered eye damage. If you were wearing proper eye protection, the other party couldn’t use a lack of proper equipment to show that you were also negligent. You might be partially liable for that injury if you were not wearing eye protection.
Your motorcycle accident attorney can build a stronger accident claim when you take precautions like wearing a helmet, eye protection, and other safety gear. If you also followed traffic laws, the other party is less likely to prove you were negligent in causing the crash or your injuries.
What To Know About Motorcycle Insurance and Safety Gear
Unlike drivers of other vehicles, motorcyclists cannot claim personal injury protection (PIP) benefits in New York. They must pursue compensation from other parts of their policy or an at-fault party’s liability coverage. They may also seek compensation through a lawsuit.
Whether you were wearing safety gear can significantly impact claims against your uninsured motorist (UM) or underinsured motorist (UIM) policy. UM pays when the other party is uninsured or if you were the victim of a hit-and-run. Your UIM coverage pays for damages when the at-fault party’s liability limit isn’t high enough to cover all of your damages.
You can expect even your own insurance company to look for ways to minimize your compensation by blaming you for your injuries. They may do that by using your lack of protective gear to assign you liability in the crash. The more liability you hold, the less they are responsible for paying in UM or UIM benefits.
Not wearing safety gear can lower the amount you receive from your insurance and the other party’s insurance. An experienced attorney can help gather strong evidence and challenge claims that blame you for your injuries.
Working With an Experienced Motorcycle Accident Attorney
Without PIP protection, you need another way to pay your medical bills. You also deserve compensation for other damages from an accident, such as lost wages and pain and suffering. Finding answers on your own and navigating the insurance and legal processes can be difficult. Let the award-winning motorcycle accident lawyers at Chopra & Nocerino assist you.
We have significant experience in motorcycle and other motor vehicle accident claims. Our New York motorcycle accident attorneys know how to collect the evidence you need to prove the other party was at fault and how to calculate your full damages. We will handle negotiations with insurance companies and go to court when necessary.
Injured in a Motorcycle Accident? Contact Chopra & Nocerino Today!
We have over 20 years of experience helping accident victims. We understand how safety gear affects the outcome of a motorcycle accident claim and how other New York laws impact compensation.
We treat you like family at every step of your claim while fighting for fair compensation and never backing down. We’ve recovered millions in verdicts and settlements for our deserving clients and are ready to work just as hard for you.
Don’t wait to get award-winning legal representation. Call us today at 855-NYC-HURT or complete our online contact form for a free case evaluation. We take our motorcycle accident cases on a contingency basis, so you don’t pay us unless we win. To better serve our community, we also offer services in Spanish.
