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May 19, 2023 | Personal Injury

No Motorcycle Helmet: Can I Sue After an Accident?

Your Rights If You Are Injured in Motorcycle Accident in NYC

Were you injured in a motorcycle accident in New York City while not wearing a helmet? You might still be entitled to compensation for your injuries. However, it is important to discuss your case with an attorney immediately to determine your legal options.

At Ajlouny Injury Law, we have helped thousands of New Yorkers obtain compensation after an accident with injuries. We know what it takes to get motorcycle operators the recovery they deserve. Our lawyers offer FREE legal advice and will not give up until you receive the best possible outcome on your case. 

If you were hurt in a motorcycle accident, contact our office at (718) 233-3913 to schedule a free consultation. 

Is It Illegal to Ride on a Motorcycle Without a Helmet in NY?

According to New York law, it is illegal for a person to ride or operate a motorcycle without a protective helmet. If you do not wear a helmet while riding or operating a motorcycle, you may be issued a citation. 

Furthermore, failing to wear a helmet while riding a motorcycle can result in serious, potentially fatal injuries. According to the National Highway Traffic Safety Administration (NHTSA), wearing a helmet while riding a motorcycle is the “single most effective way to protect yourself from a head injury.” Yet, despite these realities, nearly 40% of motorcycle riders in the United States do not wear helmets while riding.

How Will Not Wearing a Helmet Affect a Personal Injury Claim?

While you may still be entitled to compensation even if you were injured in a motorcycle accident while not wearing a helmet, your recovery may be reduced. In New York, you are still able to recover damages even if you were partially to blame for the accident. However, your compensation may be reduced in proportion to your fault.

Therefore, if the fact that you weren’t wearing a helmet exacerbated your injuries by 30%, your recovery may be reduced by that amount. Due to the complexities of comparative fault, you should always speak to an attorney as early in the process as possible to ensure that you receive the largest compensation available.

Do I Need an Attorney?

If you were not wearing a helmet and were injured in a motorcycle accident, you need to contact an attorney as soon as possible. A motorcycle accident attorney can help you understand your rights and can help prevent you from settling your case for less than it is worth. 

An insurance company may try to say that you would not have been severely injured if you had been wearing a helmet or may try to deny your claim altogether. An attorney can help fight to ensure that you receive a full and fair settlement based on the circumstances of your case. 

Injured in a Motorcycle Accident in NYC? Contact Our Office.

Were you injured in a motorcycle accident while not wearing a helmet? You might still be able to file a claim for damages. Contact our office today at (718) 233-3913 to schedule a free, no-obligation consultation. There are no fees unless we win. Call now to get the FREE legal advice you need now. 

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