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 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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Amber PalermoAmber Palermo
17:50 23 Dec 22
The professionalism and expertise of the TonaLaw team is unmatched. I’ve worked with Juliet and she was incredibly knowledgeable, friendly and I could tell that she cared about helping me. If you’re looking for a legal team that helps with you any problem, big or small, TonaLaw is a team you can trust.
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I can not be thankful enough for the amazing experience Tonalaw has given me from the very beginning. If you are looking for a lawyer who truly cares about your case then TonaLaw is for you. The amount of time and dedication they put in a case really shows how above and beyond they go. Not to mention how sweet everyone is really makes it a pleasure to work with TonaLaw.
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22:06 14 Dec 22
I am extremely satisfied and happy to have chosen Tonal Law . The whole experience was flawless And I had absolutely no issues throughout the entire process. Everyone was so helpful and on time with everything, answered any questions I had, and we’re always easily available if I had any concerns. I basically did not have to lift a finger or do absolutely anything at all but answer a few questions. I put my full trust into Tona Law and I’m happy I did so. Would for sure recommend to any of my family and friends.
Anita AbramsAnita Abrams
21:14 05 Dec 22
Tona Law was an absolute pleasure to work with. As a local ART and Custom Framing resource, we helped to enhance their new offices, with beautiful and sophisticated, well curated artwork. Tom and his team were closely involved in all of the selections, and the environment is warm and friendly, as a result. Everyone at Tona Law, is considerate and professional.
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16:25 11 May 22
From start to finish I was informed every step of the way of the status and updates of my case… the time and steps taken to resolve my case in the best possible outcome was just one of the many great things Tonalaw provided. Personal care and commitment is top notch. Thank you !!
Louis B.Louis B.
15:27 08 Apr 22
Over the last few years Tona Law has guided me through the process with clear communication throughout. They are truly a client advocate and will do everything in the best interest of the client. Cannot thank them enough for all their work done for me.
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19:49 26 Mar 22
Tom Tona and his team are fantastic. They do a great job for their clients. Can't recommend them highly enough.
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23:41 24 Mar 22
Tona Law has simplified no fault medical billing in a way that allows staff to effortlessly navigate through what could be a confusing process. Their staff is knowledgeable and responsive that we never have to worry about the ever-changing regulations because they are on top of keeping up to date with any changes in keeping their clients informed which is priceless!
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15:29 13 Aug 21
They responded right away and were very professional. Brittany Reyes was very helpful. Thank you for your help
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03:24 09 Aug 21
Would highly recommend if anyone is seeking any legal advice!