motorcycle helmets

If you were injured in an accident while riding a motorcycle without a helmet, you might still be able to file a lawsuit to recover compensation for your damages. Time is of the essence in filing a claim, so do not hesitate to contact the experienced attorneys at TonaLaw for a free consultation.

New York’s highways, parkways, and expressways can be incredibly dangerous for motorcyclists. This is particularly evident considering the lack of protection from impact motorcyclists face when compared to other motor vehicles. In fact, motorcyclists have been found to be almost five times more likely to be killed in an accident compared to an individual in a car. Whenever a motorcyclist is involved in an accident, there is a high probability that they could be knocked to the ground while moving, thereby exacerbating an injury. In an attempt to persuade bikers to wear helmets for their safety, New York State is one of nineteen states which mandate that motorcyclists wear a helmet while riding. 

Specifically, New York Vehicle and Traffic Law Section 381(6) requires motorcyclists to wear “a protective helmet of a type which meets the requirements set forth in section 571.218 of the federal motor vehicle safety standards.” 

Moreover, Section 381(7) states that motorcyclists must also wear a face shield or goggles while on a motorcycle. These requirements are in place for both drivers and passengers on motorcycles. It can be nearly impossible to independently verify that a helmet meets all the necessary federal regulations; instead, ensure your safety and legal compliance by purchasing a helmet that has a Department of Transportation certification. 

It is also necessary to point out that novelty helmets that are not certified by the Department of Transportation do not meet the necessary requirements. Moreover, motorcyclists who wore novelty helmets were roughly twice as likely to be killed in an accident compared to bikers who wore helmets with the appropriate certification. 

New York requires helmet usage due to their effectiveness in preventing traumatic brain injuries in the case of an accident. The New York State Department of Health has found that head injuries are the leading cause of death in motorcycle crashes. Furthermore, according to the National Highway Traffic Safety Administration, motorcycle helmets at sixty-seven (67%) effective at preventing serious brain injuries, and twenty-nine (29%) effective at preventing otherwise fatal head injuries. 

New York State follows a legal doctrine known as comparative negligence in determining damages in personal injury claims. Under comparative negligence, the court will attempt to decide the amount of fault, determined as a percentage, that can be attributed to each person who was in the accident. This fault can apply to either responsibility in causing the accident or in exacerbating the injuries endured by the parties. New York implemented this rule because most accidents are not the sole result of a single person, aside from incidents that are clearly caused by one party’s mistake such as rear-end accidents.

If you were involved in a motorcycle accident in Long Island without wearing a helmet, comparative negligence might come into play if your injuries could have been avoided or mitigated by wearing the helmet. For example, if you sustained a traumatic brain injury that might have been avoided had a helmet been worn, then there is a possibility that you might recover fewer damages based upon your failure to wear the helmet. This comparative negligence analysis only factors into fault for the plaintiff’s damages, not for the overall liability for causing the accident. This is because the accident would not have been avoided had a helmet been worn by the biker. 

At TonaLaw, we understand the pain and difficulties our clients go through after they have been involved in a car or other personal injury accident, from medical costs, injuries, lost income and so much more.

We also understand how cunning insurance companies can be when trying to settle for less than the actual damages, not to mention the unorthodox tactics they use to try and derail court cases.

For this reason, you need a New York personal injury attorney who understands your pain and the justice process to ensure you get a deserved settlement. For legal services ranging from personal injury and no-fault collections to business litigation, call TonaLaw toll-free today at 1 (833) TONALAW or text 1 (631) 780-5355.

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Excellent5.0 Based on 381 reviews from review us onJennifer CaceresJennifer Caceres ★★★★★ I highly recommend using tonalaw. Lauren and Jada are amazing. Any questions or concerns I had they answered. I am happy I choose tonalaw .Response from the ownerThank you so much for your review Jennifer! We are so glad to hear that you were pleased with our responsiveness and thoroughness in addressing your questions and concerns. Your feedback is invaluable to us, and we are committed to providing our clients with the best possible legal representation. Thank you again for your kind words. We are honored to have you as a client. Carlos UmanaCarlos Umana ★★★★★ Excelente atención buena comunicación contestan mis preguntas con sinceridadResponse from the ownerThank you so much for your review Carlos! Your feedback is invaluable to us, and we will continue to strive to provide you and all of our customers with the outstanding service you deserve. Yanira Del ValleYanira Del Valle ★★★★★ Mr. Tona is such a wonderful human and attorney. So helpful, without a second thought, he shares his knowledge and experience. He helps makes this Plaintiff community a better one. Thank you!!!Response from the ownerThank you Yanira! It was so great meeting you. Marvin SortoMarvin Sorto ★★★★★ TonaLaw is a very reputable firm. Ana is such a great asset to the firm. She is also bilingual with many years of experienceResponse from the ownerThank you for your kind words Marvin! gary gundersengary gundersen ★★★★★ I’ve been to tona law several times already and I’ve had the pleasure to deal with Ana both time and she was amazing. Made sure all paperwork was in order and is super thorough with everything. Highly recommendedResponse from the ownerThank you so much for taking the time to share your positive experience with us at Tona Law. We are so glad to hear that you were pleased with the services provided by Ana. We are committed to providing our clients with the highest quality legal representation, and we are always striving to exceed expectations. Jennifer PorterJennifer Porter ★★★★★ Tom Tona puts so much emphasis and effort into developing a fantastic law firm, delivering excellent results for their clients and also staying at the forefront of law firm management skills. I am super impressed by my conversation and interaction with Tom and am happy to recommend him!Response from the ownerJennifer, thank you so much for this wonderful review. We are delighted to hear that you were impressed with your conversation and interaction with Tom. We strive to provide a positive and supportive experience for all of our clients, and we are so glad to hear you had such a positive interaction with Mr. Tona. Thank you again for your kind words. Janet SowinskiJanet Sowinski ★★★★★ Lauren, one of the paralegals at Tona Law is very knowledgeable, compassionate and very professional. She genuinely cares for her clients and is always willing to go the extra mile to help. Having known her for several years, i can confidently recommend both Lauren and Tona Law to anyone seeking great assistance.Carmen SandovalCarmen Sandoval ★★★★★ Quiero darles las gracias por haberme representado en mi caso, felizmente estos abogados lograron ganar ni caso, y estoy muy satisfecha por su gran trabajo, hablan español y la señorita Ana es muy atenta y cordial y amable con sus clientes, muchisinas gracias x sus servicios ademas de ser rapidos, nos ayudan mucho especialmente a las personas qué sólo hablamos español, les recomiendo este servicio de abogados muy honestos. Muchas gracias👌😘Miguel MenaMiguel Mena ★★★★★ Ana is extremely knowledgeable and a great asset to your firm! Definitely will be coming back.Sandie RivasSandie Rivas ★★★★★ Ana is amazing! Working with her was extremely enjoyable. She is a great asset to Tonalaw and always eager to help!Darwin RomeroDarwin Romero ★★★★★ Ana was an absolute pleasure. She was incredibly knowledgeable and thoughtful throughout the entire process. Highly recommend!Emma SortoEmma Sorto ★★★★★ Ana is a wonderful personal. She is very talented and very hardworking. Best thing is that she is bilingual! Always willing to help anyone who is in need of a hand! You are in great hands at Tona Law!nicole garcianicole garcia ★★★★★ Couldn’t recommend Lauren more!!! I’ve known Lauren for years, she is a dedicated, hard worker and is so professional when it comes to her job. She really cares about her clients and doing the best for them.Dolceprincipessa xoDolceprincipessa xo ★★★★★ I highly recommend Will Ramos as a lawyer. He is a true professional. He explained my options with me and was very accessible & kept me updated! I also had the pleasure of working with Jayden. She was great as well. They assisted with my case and helped me tremendously! Highly recommend :)yessenia lopez ramosyessenia lopez ramos ★★★★★ I have know Attorney Will Ramos for many years. He is very detail oriented, a great advocate, and an empathetic individual.I have referred a few clients during their time of need over to Will and the friendly staff at Tona Law. He is willing to go above and beyond for others.CARLOS RODRIGUEZCARLOS RODRIGUEZ ★★★★★ I have known Will Ramos for 15 plus years and can attest to his character in placing the needs for others above his own. He is an asset to any organization and a team player with positive attitude.Jessica MalaveJessica Malave ★★★★★ I’ve known attorney Will Ramos for 16 years he always places the needs of others above his own. He is a caring man and super understanding and has a big heart.Bianca RamosBianca Ramos ★★★★★ Attorney Will Ramos is awesome the law firm is lucky to have someone like him part of their team. He genuinely cares for others and is always willing to lend a helping hand.Response from the ownerBianca, thank you for leaving a wonderful review for our firm. We are lucky to have Will Ramos as part of our team! Arianna RamosArianna Ramos ★★★★★ Attorney Will Ramos is nothing short of dedicated and hard working. Each case he works on demonstrates his passion for law and his care for his clients.Response from the ownerThank you for your review, Arianna! Will Ramos has been a wonderful asset to our team. JenneferJennefer ★★★★★ I've had the pleasure of knowing Lauren for quite a while now, and I must say, her dedication to her clients is truly remarkable. She takes immense pride in her work as a professional she seamlessly balances her role at Tona Law, where she's involved in legal matters. Having seen her commitment and skill firsthand, I can confidently recommend both Lauren and Tona Law to anyone seeking top-notch assistance.Celine Aubry-DumandCeline Aubry-Dumand ★★★★★ I had a great experience working with TonaLaw.The team was really friendly and helpful throughout the entire process.Response from the ownerCeline, thank you so much for taking the time to leave a review for our firm. We are so grateful we were able to help you and provide you with a great experience. Thank you! Adam OmallyAdam Omally ★★★★★ I have known Lauren one of the paralegals at Tona law for many years and she is dedicated to her profession and helping her clients. Wonderful person.Alexandra DevineAlexandra Devine ★★★★★ Lauren at TonaLaw was extremely helpful! She was so nice and professional. I highly recommend asking for her!Margaret CaschettaMargaret Caschetta ★★★★★ I have known Lauren for a long time and she’s always been dedicated to her job! 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