Talking with Long Island motorcycle accident lawyers can help in determining if you are entitled to compensation after a crash. Lawyers can also explain the impact that helmet laws may have on your case.
Helmet Regulations in New York
In the state of New York, it doesn’t matter what your age, helmets are required for all bikers. This is important because if you were injured in a motorcycle accident and weren’t wearing a helmet, your claim’s value could be diminished. It may even lead to your claim being denied.
Although someone else’s negligence will impact your case, it could be determined that the extent of your injuries may have been lessened had you been wearing a helmet. So even if another driver ran a red light, it could be argued that your head injury was made worse because you violated helmet laws.
Motorcycle Helmets: Problems with Seeing and Hearing
While many are aware that some motorists may struggle to see motorcyclists, some argue that the reason they don’t use a helmet is because it makes seeing and hearing difficult for the rider.
There are certain actions that can be made more difficult while wearing a helmet, such as changing lanes. Another is, in making a turn, the motorcyclist may not be able to see an approaching vehicle or pedestrian.
Some bikers have also expressed difficulties with hearing. Complaints of not being able to detect a horn or other traffic sounds have been expressed. In fact, some have even said that by wearing a helmet, the risk of a crash was higher. Yet most experts agree that the benefits of wearing a helmet far outweigh any risks.
In 1996, the National Highway Traffic Safety Administration (NHTSA) performed a study called, Do Motorcycle Helmets Interfere with the Vision and Hearing or Riders? They found that helmets do not restrict a biker’s ability to hear traffic sounds or see other cars in adjacent lanes.
A 1994 NHTSA study, The Effects of Motorcycle Helmets Upon Seeing and Hearing, found that “the effects of helmets upon the ability to see and hear are, at most, far too small to compromise the safety benefits offered by head protection.”
Determining Liability in a Motorcycle Accident
Whether or not a biker agrees with helmet laws, the fact remains they are in place for the state of New York. Other states may have the same laws or certain ages in which helmets are required. There are only a couple of states that don’t have any helmet regulations.
Wearing a helmet could not only save your life but could protect your claim from being reduced in value. By seeking legal counsel you can learn if someone else’s negligence may be the cause of your accident.
Even if you weren’t wearing a helmet, you may still have the right to compensation if someone else acted in a careless or reckless manner, some of which are:
- failing to yield;
- texting while driving; and
Keep in mind, however, that your claim’s worth could be reduced if it was found that you weren’t wearing a helmet. The best way to make sure your rights are protected is to speak with an attorney about your case.
Contacting Long Island Motorcycle Accident Lawyers
Motorcycle crashes may lead to severe injuries such as:
- brain damage;
- road rash; and
- spinal cord injuries.
As a result, you may be left with huge medical expenses and missed time from work. Not only could you be entitled to compensation for your doctor and hospital costs, but lost wages and other damages such as pain and suffering, mental anguish, disability, disfigurement and more. If you are facing future medical care or lost income, you could be compensated for that as well.
Contact an attorney at Gacovino, Lake & Associates at 800-246-HURT (4878). We will evaluate the details of your crash to determine liability and collect the evidence necessary for your case.