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Does not wearing a motorcycle helmet affect your crash claim?

by | Mar 8, 2022 | Motorcycle Accidents

Motorcyclists and their passengers are required by New York state law to wear helmets and protective eyewear. Helmets must be a type that are approved by the U.S. Department of Transportation (DOT) and the Consumer Product Safety Commission (CPSC).

Helmets are a proven life saver. Those without helmets are three times more likely to suffer a brain injury than people who wear them.

Unfortunately, despite the fact that they’re mandatory in our state and a number of others, some motorcyclists are resistant to wearing a helmet. Besides the safety and legal ramifications of not wearing a helmet, it could also cost you if you’re involved in a crash caused by a driver or another motorcyclist.

Was the lack of a helmet relevant to your injuries?

If you suffered injuries that could have been minimized by wearing a helmet, you’re likely to get less compensation for your injuries than you would have if you’d been wearing one. Your own negligence could be seen as contributing to your injuries. That’s referred to as “contributory negligence.”

If your injuries involve broken bones in your legs or arms rather than injuries to your head, the fact that you weren’t wearing a helmet would be irrelevant. However, if you go to court against the person who struck you, they can always call attention to the fact that you weren’t wearing a helmet to try to show that you weren’t particularly safety conscious – whether that’s true or not.

If you or a loved one is the victim of a motorcycle crash caused by someone else, it’s crucial to seek the compensation you need to handle medical bills and other expenses and damages. If everyone on the bike wasn’t wearing the required protective gear, that could play a role in how much you receive. With legal guidance, you should improve your chances of maximizing your claim.

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