Motorcycle riders in New York City face dense traffic, unpredictable drivers, and ever-changing road conditions. When a crash happens, one of the first questions victims ask is whether helmet use will affect their injury claim or insurance settlement. Since New York has strict helmet laws, both riders and passengers need to understand how compliance, or lack thereof, could impact compensation after a serious motorcycle accident in NYC.
At Cellino Law, our motorcycle accident lawyers help injured riders navigate these legal and insurance complexities. We’ve represented clients across New York City, from crashes on the FDR Drive to collisions on the Brooklyn Bridge or Atlantic Avenue, securing financial recovery for medical costs, lost wages, and long-term care needs.
New York City Helmet Laws for Motorcyclists
New York is one of the states with a universal motorcycle helmet law. Under New York Vehicle & Traffic Law § 381, all motorcycle operators and passengers, regardless of age, must wear a helmet approved by the U.S. Department of Transportation (DOT).
Additional requirements include:
- Eye protection (such as a visor or goggles) is mandatory unless the motorcycle has a windscreen.
- Helmets must meet federal safety standards and cannot be modified in ways that reduce protection.
Failure to wear a helmet can result in a traffic citation. More importantly, it can affect how much compensation a rider can recover if injured in a crash.
How Helmet Use Affects Motorcycle Accident Claims in NYC
Even if another driver caused the crash, insurance companies often try to reduce payouts by arguing that not wearing a helmet worsened the rider’s injuries. This is tied to New York’s comparative negligence system, where compensation can be reduced by the percentage of fault assigned to the injured party.
For example:
- If a motorcyclist suffered a traumatic brain injury and wasn’t wearing a helmet, the insurance company may argue that a helmet would have prevented or lessened the injury.
- A court may reduce the damages awarded based on the rider’s “contributory fault.”
That said, not wearing a helmet does not automatically prevent an injured motorcyclist from pursuing compensation. At Cellino Law, we push back against these tactics by bringing in medical experts to show how the crash itself, not helmet use, caused the majority of the harm.
Insurance Coverage After a Motorcycle Crash in NYC
Unlike car drivers, motorcyclists are not covered by New York’s “No-Fault” insurance system. Instead, injured riders must pursue compensation through:
- The at-fault driver’s liability insurance: Covers medical bills, lost wages, and other damages if the driver was negligent.
- Your own motorcycle insurance: Policies may include additional coverage, such as uninsured/underinsured motorist (UM/UIM) protection.
- Personal injury lawsuits: When insurance isn’t enough, Cellino Law builds a case in court to recover damages for catastrophic injuries.
Because catastrophic injuries like brain trauma and spinal cord damage often exceed policy limits, it’s essential to have an experienced NYC motorcycle accident lawyer who understands how to uncover every available source of compensation.
Damages You May Recover
Whether you were wearing a helmet or not, injured riders in New York City may be entitled to damages such as:
- Emergency medical treatment and hospital bills
- Long-term rehabilitation and therapy
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress and reduced quality of life
- Costs of mobility devices, home modifications, and ongoing care
Local Resources for NYC Motorcyclists
Understanding and complying with NYC’s motorcycle laws can protect both your safety and your legal rights. Riders can access:
- New York DMV – Motorcycle Manual – details helmet requirements and safety rules.
- NYPD Traffic Enforcement – provides information on traffic citations and enforcement.
- New York State Unified Court System – where personal injury lawsuits are filed.
- Trauma care facilities in NYC such as Bellevue Hospital Center and Mount Sinai Hospital, both Level I trauma centers that often treat motorcyclists after severe crashes.
Why Choose Cellino Law for Your NYC Motorcycle Accident Case
Helmet laws and insurance rules in New York are complicated, and insurers use them to their advantage. At Cellino Law, we know how to fight back. Our attorneys have decades of experience challenging helmet-related defenses, proving liability, and maximizing settlements for riders across New York City.
We handle the legal battle while you focus on recovery. With offices throughout New York and Connecticut, we’re here when you need us most.
Contact Cellino Law Today
If you were injured in a motorcycle crash in New York City, don’t let insurance companies or opposing attorneys reduce your rightful compensation based on helmet use. Cellino Law’s NYC motorcycle accident lawyers will fight for the full recovery you deserve.
Call Cellino Law today for a free consultation. We’re ready to protect your rights and help you move forward after a devastating crash.