Can I Sue if I Wasn’t Wearing a Helmet in a Motorcycle Crash?
Motorcycle accidents can happen in an instant, leaving riders with serious injuries and challenging questions about their legal options. If you weren’t wearing a helmet when the crash occurred, you might wonder whether you can still file a no-helmet motorcycle accident lawsuit in New York.
The answer is yes; you can file a claim. However, not wearing a helmet can impact your claim. While New York law requires all riders to wear helmets, failing to do so does not automatically prevent you from recovering compensation. Instead, it may reduce the amount you can recover, depending on the circumstances of your accident and injuries.
At Greenspan & Greenspan Injury Lawyers, we’ve been helping injured motorcyclists since 1959. With decades of experience in White Plains, New Rochelle, and beyond, we know how to fight back against insurance companies that try to use helmet laws against riders. If you’re dealing with a motorcycle injury claim without a helmet, we’re here to help.
New York Helmet Laws: What You Need to Know
New York has one of the strictest helmet laws in the country. Under New York law, all motorcyclists and passengers must wear a Department of Transportation (DOT)-approved helmet while riding. This law is designed to reduce the risk of traumatic brain injuries and fatalities.
However, if you were not wearing a helmet, it does not automatically mean you were at fault for the accident or that you are barred from receiving compensation.
Comparative Negligence and Its Impact on Your Case
New York follows a pure comparative negligence rule. This rule means you can still recover compensation even if you were partially responsible for your injuries. However, the amount you receive will be reduced based on your percentage of fault. You could be partially at fault for a number of reasons, including failing to wear a helmet.
Here is an example of how pure comparative negligence works in New York.
Example
Suppose you suffer a head injury in a motorcycle crash where the other driver was 80% at fault. Since you were not wearing your helmet, the judge finds you to be 20% at fault, as the helmet would have lessened the severity of your head injury and decreased your losses.
Your total damages are $500,000. Under New York’s comparative negligence rule, you can still get compensated for your losses, but your award will be reduced by 20%. In this case, that means you will receive $400,000 in damages.
What If Your Injuries Had Nothing to Do with a Helmet?
Some motorcycle accidents result in injuries that a helmet wouldn’t necessarily have prevented, such as:
- Broken bones,
- Internal organ damage, and
- Road rash and lacerations.
If you are filing a motorcycle injury claim without a helmet involving injuries to body parts other than the head, helmet use should not significantly impact your case. You can pursue compensation from the at-fault party for your medical expenses, lost wages, and pain and suffering.
At Greenspan & Greenspan, we fight insurance companies that unfairly blame motorcycle riders. We know how to prove when a helmet—or lack of one—had no bearing on the injuries you sustained.
How Insurance Companies Use Helmet Laws Against Riders
Insurance companies will try anything to minimize or deny your claim. If you weren’t wearing a helmet, they might argue that:
- You were reckless and contributed to your own injuries;
- Your injuries wouldn’t have been as severe if you had worn a helmet; or
- They shouldn’t have to pay your entire medical costs because you decided to break the law.
Having an experienced New York motorcycle attorney matters. Without strong legal representation, insurance companies may succeed in reducing your compensation or unfairly denying your claim altogether. Our legal team has significant experience with insurance adjusters and the unscrupulous tactics they use—and we know how to counter them. Let us help you fight for the compensation you deserve.
What Compensation Can You Recover in a New York Motorcycle Accident?
Even if you weren’t wearing a helmet, you may be eligible for compensation for your losses, including:
- Medical expenses—such as hospital bills, surgeries, and rehabilitation;
- Lost wages—including past and future earnings, if you’re unable to work;
- Pain and suffering—such as emotional distress and long-term physical impact; and
- Property damage—including repairs to or replacement of your motorcycle.
Every case is different, but our goal remains the same. We always strive to hold the at-fault parties responsible and secure the maximum compensation possible for you.
How We Fight for Injured New York Motorcyclists
Since 1959, Greenspan & Greenspan has been one of the go-to law firms for injured motorcyclists across New York. When you work with us, you benefit from:
- Decades of experience with motorcycle injury cases;
- Direct access to a lawyer, never just a case manager;
- Deep local knowledge of New York courts and insurance laws; and
- Aggressive advocacy to maximize your compensation.
We know how to handle tough cases—and we don’t back down.
What to Do After a Motorcycle Accident
If you were involved in a motorcycle crash, take these steps to protect your rights:
- Call 911. If you’re injured, call 911 for police and emergency medical response.
- Seek medical attention immediately. Even if you feel fine, some injuries take time to appear. Always see a doctor as soon as possible after the accident and keep all medical records safe and organized.
- Document the accident if possible. If you are able to do so at the scene, take photos of injuries, the accident scene, the damage to the cars, and anything else that might be relevant, like road damage or weather conditions. Also be sure to get witness statements and contact information.
- Do not admit fault. Anything you say can be used against you by insurance companies. Be cautious what you say to the responding police officer, and take care not to apologize or admit fault.
- Contact a motorcycle accident lawyer. The sooner you have legal representation, the stronger your case will be.
Greenspan & Greenspan Injury Lawyers will take care of everything so you can focus on your recovery.
Contact a New York Motorcycle Accident Lawyer Today
If you have questions about filing a no-helmet motorcycle accident lawsuit, Greenspan & Greenspan can help. Do not let the insurance companies take advantage of you. Even if you were not wearing a helmet, you still have rights. Contact one of our offices today to schedule a free, no-obligation consultation.
We’ve been fighting for injured motorcyclists since 1959. Let us fight for you.
