New York Motorcycle Helmet Laws
Contact Jed Dietrich, Esq., A Recognized New York Super Lawyer, If You, Or Your Loved One, Suffered Injuries Caused By A Motorcycle Accident In Buffalo, New York.
The mission statement of Jed Dietrich, Esq. and the Dietrich Law Firm P.C. is to provide the highest level of personal injury service to the people of Western New York. Jed Dietrich, Esq. has exclusively handled serious personal injury cases since 1999. Practicing law the Dietrich way, we are determined, disciplined and dedicated to obtaining the best possible results for personal injury claims in Buffalo, New York; Rochester, New York; throughout New York State and beyond.
The Dietrich Law Firm P.C.'s highly experienced, aggressive, tenacious and hardworking team of Buffalo, New York motorcycle accident injury lawyers will fight to obtain the best result for your serious personal injury. Insurance companies have paid Jed Dietrich, Esq. over $175 Million to resolve personal injury claims. Contact us today at 716-839-3939 for more information about how we can help you.
New York State has a helmet law requiring both motorcycle riders and their passengers to wear a helmet. Furthermore, the helmet must meet the requirements of the Federal Motor Vehicle Safety Standards, Section 571.218.
New York Vehicle and Traffic Law, Section 381(6), states:
It shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet of a type which meets the requirements set forth in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended.
Also, in accordance with the New York Vehicle and Traffic Law, Section 381(7), motorcycle riders must wear a face shield or goggles that are approved by the Commission of Motor Vehicles.
Helmets that are not approved by the Federal Motor Vehicle Safety Standards are commonly referred to as novelty helmets. Research shows that riders wearing novelty helmets were roughly 2 times more likely to suffer a fatality than riders that wore certified, full-face helmets. National Highway Traffic Safety Administration (NHTSA) tests have shown that serious head injuries are also much more probable with novelty helmets.
Certified helmets come in various styles, which include helmets covering the upper portion of the head, open-face and full-face. However, riders with helmets only covering the upper portion of the head, were 2 times more prone to serious traumatic brain injuries.
If you, or a loved one, were injured in a motorcycle accident, you want the best personal injury lawyer in Buffalo, New York to fight for the compensation you deserve. Jed Dietrich, Esq., a recognized Best Lawyer of America and New York Super Lawyer, and his team of top rated motorcycle accident injury lawyers in Buffalo, New York are aggressive, tenacious and hardworking and will fight for the maximum compensation possible for your injuries. Contact us today at 716-839-3939. We are available 24 hours per day and 7 days per week, and there is never a fee unless we WIN for you!
For riders that break New York’s helmet law, the maximum punishment is a fine of $100, 30 days in jail, or a combination of the two. Furthermore, because motorcyclists not wearing their helmets are breaking the law, it could adversely impact any personal injury lawsuit they pursue.
Even in cases where the other driver’s negligence caused the accident, if a rider failed to wear a helmet and endured face, head, neck or brain injuries, the other driver will likely claim that the motorcyclist was at least partly at fault for his or her injuries.
In New York State, the legal theory known as comparative negligence may impact the amount of monetary compensation the person bringing the personal injury lawsuit can recover if that person is also partly responsible for causing their own injuries. As such, if the jury concludes the motorcyclist’s failure to wear a helmet qualified as negligence, any compensation the motorcyclist receives would be lessened by the percentage equal to their share of the fault.
According to the New York State Department of Health, riders not wearing helmets are over three times more likely to suffer brain injuries in accidents than riders wearing helmets. Wearing the proper type of motorcycle helmet is successful at preventing roughly 37% of what would otherwise be deadly head injuries for riders and 42% for passengers. Further, studies show that riders not wearing helmets sustain significantly more vertebral fractures and ligamentous injuries than helmeted riders.
According to the National Traffic Safety Administration (NTSA), head injuries are the number one cause of fatalities and severe injuries in motorcycle accidents. Wearing the proper kind of motorcycle helmet is successful at preventing approximately 67% of traumatic brain injuries. In 2016 alone, it is estimated that 1,859 motorcyclists throughout the United States were saved by wearing helmets. An additional 802 more lives might have been saved if every rider wore a helmet.
If you, or a loved one, were injured in a motorcycle accident caused by someone else’s negligence, contact the Dietrich Law Firm P.C. today at 716-839-3939. Our team of highly experienced and top rated Buffalo, New York motorcycle accident injury lawyers will fight the insurance companies to attempt to get you the compensation that you deserve for your injuries. This may include monetary compensation for your medical bills, lost time from work and pain and suffering.
Astonishingly enough, in most other states riders that are at least 21 years old are still permitted to ride a motorcycle without a helmet. Throughout the United States, only 19 states have universal motorcycle helmet laws requiring helmets to be worn by all riders—New York is one such state.
In 2012, Michigan weakened its helmet law by exempting riders that were at least 21 years old. Since the helmet laws were relaxed, there has been a significant negative impact. Skull fractures, head and facial injuries resulting from motorcycle accidents have more than doubled because fewer riders are wearing helmets.
Similar results were found when Kentucky and Louisiana repealed their universal helmet laws in the late 1990s. Fatalities resulting from motorcycle accidents in these two states rose by 50% and 100%, respectively.
After Florida weakened its helmet laws in 2000, a study discovered that the fatality rate increased by about 25% and hospital admissions for head injuries related to motorcycle accidents increased by a whopping 82% in the following 30 months.
A 2016 study demonstrated that rates of facial, head and brain injuries among riders were lower in states with universal helmet laws. This provides strong evidence that universal helmet laws lower the number of injuries, the severity of those injuries and the number of deaths resulting from motorcycle accidents.
These states that weakened their helmet laws demonstrate that New York State’s helmet laws are in the best interest of both riders and public safety as a whole. Numerous studies and investigations demonstrate again and again why it is absolutely essential for all riders to wear a helmet and protect themselves in case of an accident.
Each motorcycle accident is different. Therefore, you want a lawyer who is highly experienced to hold all of the responsible parties accountable for your injuries and to pursue the compensation that you deserve. Jed Dietrich, Esq. has been handling serious personal injury cases since 1999 and has the experience and proven results to help you get the compensation you deserve. Contact us today at 716-839-3939 for your free consultation with our team of Buffalo, New York motorcycle accident injury lawyers.
WERE YOU, OR A LOVED ONE, INJURED AS A RESULT OF A MOTORCYCLE ACCIDENT IN BUFFALO, NEW YORK; NIAGARA FALLS, NEW YORK; ROCHESTER, NEW YORK; OR OTHER PARTS OF NEW YORK STATE?
CALL JED DIETRICH, ESQ. AND HIS TOP RATED AND HIGHLY EXPERIENCED TEAM OF BUFFALO, NEW YORK ACCIDENT ATTORNEYS AT 716-839-3939 TODAY TO OBTAIN THE HELP THAT YOU NEED!
A motorcycle accident can result in a traumatic brain injury or even death to the rider. Injuries are typically even more severe when motorcyclists crash without wearing a helmet. Additionally, failure to wear a helmet could have adverse consequences on the victim’s ability to recover compensation for injuries suffered as a result of the accident.
The Dietrich Law Firm P.C.’s objective, whether or not you were wearing a helmet, is to ensure that you get the compensation that you deserve for your economic and non-economic damages. For a motorcycle accident injury victim, this can include lost income, medical expenses, diminished earning potential, rehabilitation costs, costs for long-term care and disfigurement, loss of enjoyment of life, pain and suffering, post-traumatic stress disorder and loss of consortium.
Moreover, if you lost a family member in a motorcycle accident, you may be eligible to file a wrongful death claim. While no amount of money can bring a loved one back, it can alleviate the economic burdens connected with their loss and provide you with inner peace knowing that the negligent party was held accountable. In New York State, there are strict time constraints applicable to wrongful death claims so you must act fast to preserve your legal rights! Contact us today.
With over 20 years of experience and more than $175 million recovered on behalf of his clients, you can depend on Jed Dietrich, Esq. to fight to secure the compensation that you deserve for your losses. The Buffalo, New York personal injury lawyers at the Dietrich Law Firm P.C. understand how to effectively and aggressively pursue motorcycle accident injury claims. We will zealously fight to obtain the best possible result for your motorcycle accident injury case in Buffalo, New York; Rochester, New York; Niagara Falls, New York and beyond. Our experienced team is available at 716-839-3939 or by completing the online consultation form.
Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!