Following a motorcycle accident, Long Island injury lawyers can help you file a claim to recover compensation for damages. During your consultation, ask how motorcycle helmet laws in New York may impact the outcome of your claim, even if you are not to blame for the accident.
Motorcycle Helmet Laws in New York
If you reside in the state of New York, all motorcyclists are required to wear a helmet. This also includes some low-power cycles.
Laws in other states can vary. Some have laws similar to those in New York, but in other states, helmet requirements may apply only to certain age groups. As of September 2012, there are only three states that don’t have any motorcycle helmet laws: New Hampshire, Iowa and Illinois.
Impact of Motorcycle Helmet Laws on an Injury Claim
If someone else acted in a careless or reckless manner, and it caused you to be injured on your bike, he or she may be held liable. Not wearing a helmet doesn’t diminish the other person’s responsibility in an accident.
However, not wearing a helmet can diminish your claim. Not only for the fact that you didn’t follow state law, but also because your injuries may have been less severe had you been wearing a helmet.
Let’s say you suffered a traumatic brain injury after another driver cuts in front of you. When considering the compensation you may be eligible to receive, the amount could be reduced if you weren’t wearing a helmet as required by law.
This same principle could apply to cases in which there are no motorcycle helmet laws. In states that do not require a helmet to be worn, there is still the possibility you will be found partially negligent simply for the fact that wearing one may have prevented or reduced your injuries.
Of course, the amount of compensation you are entitled to receive isn’t just dependent on your use of a helmet. There are other considerations, such as the types of injuries suffered and the nature of the accident.
This doesn’t mean you don’t have legal options if you were not wearing a helmet. However, because a case like this can be a bit more complicated to navigate, you likely will benefit from discussing the specifics of your accident and injuries with Long Island injury lawyers.
Contacting an Attorney in Long Island
Your next question might be, “What types of compensation can I seek, even if I wasn’t wearing a helmet and should have been?” There are still certain types of damages that can be addressed through your injury claim. Your lawyer will go over them in detail as they pertain to your case.
You may be able to receive compensation for medical expenses related to your emergency room visit, hospitalization, treatment and any future care that may be necessary. The wages you have lost because you were out of work may be recovered. What’s more, anticipated earnings may be available if you won’t be able to return to your job because of a disability.
Other damages also could be addressed through an injury claim such as pain and suffering, disfigurement, reduced quality of life and more. To help you better understand what may be available, speak with a lawyer at Gacovino, Lake & Associates.
You can further help your case by collecting as much evidence as possible. The more documentation you have, the better your chance of building a strong case. Some of the items that could be used as evidence include the police report, witness statements, photographs and anything else related to the accident.
Don’t let the fact that you weren’t wearing a helmet stop you from calling Long Island injury lawyers at 1-800-246-HURT (4878). You still may be entitled to receive some form of compensation.
