Motorcycle accidents can lead to catastrophic injuries in New York City, and the right safety gear, such as helmets, protective jackets, and sturdy boots, can mean the difference between life and death. Beyond physical protection, could wearing proper safety gear also impact the outcome of a personal injury lawsuit? The short answer is yes. Insurance companies and courts often consider whether a motorcyclist took reasonable precautions, which can also impact the compensation. Motorcycle accidents often cause severe or even catastrophic injuries that have the potential to cause financial disaster, so it’s important to get great medical care and to hire the best Queens personal injury firm to handle your case.
How Safety Gear Impacts Your Case
- Proving Negligence vs. Shared Fault
In New York, if you’re partially at fault for an accident, your compensation can be reduced under comparative negligence laws. If you weren’t wearing a helmet or other protective gear, the defense may argue that your injuries could have been less severe had you taken proper precautions. An experienced Brooklyn and Queens motorcycle accident attorney can counter these claims by proving that the other driver’s negligence was the primary cause of your injuries, and the safety gear would not have made much of a difference.
- Evidence of Responsible Riding
Wearing safety gear demonstrates that you were taking necessary precautions, which can strengthen your case. Police reports, witness statements, and even photos of your gear after the accident can be valuable evidence. A reputable Queens personal injury law firm that handles such cases involving vulnerable road users can confirm that safety precautions often play an important role in settlement negotiations.
- Impact on Injury Claims
Insurance companies may try to downplay your injuries if you weren’t wearing protective equipment. They’ll imply that the impact must have been very minor if you only sustained minor injuries, even without a helmet. However, a skilled Queens personal injury law firm can work with medical experts to prove that your injuries were caused by the crash itself, not a lack of safety gear.
Helmet Laws In New York
New York has a universal helmet law, meaning all motorcyclists must wear helmets. If you weren’t wearing one, the insurance company may try to use this against you. However, this doesn’t automatically bar you from compensation, especially if the other driver was speeding, drunk, or ran a red light. Experienced New York City bicycle accident attorney and motorcycle accident attorney can argue that the other party’s actions were the main cause of the accident.
Why Legal Representation Matters
Insurance adjusters often look for ways to reduce payouts, and safety gear (or the lack of it) is a common argument they use. A Queens personal injury law firm like Wittenstein Law Firm knows how to fight back against these tactics. With over 60 years of experience, we’ve helped countless accident victims secure fair compensation—even in complex cases involving disputed liability.
Contact Wittenstein Law Firm Today
At Wittenstein Law Firm, we’ve been helping accident victims for over 60 years. From motorcycle collisions to bike accidents and pedestrian injuries, we fight for fair compensation with integrity and compassion. Our Queens motorcycle accident attorney, Alyce B. Wittenstein, leads the firm with a powerful mix of legal knowledge, activism, and dedication. Known for her excellent communication and deep empathy, she helps clients feel supported and informed every step of the way. Call today for a free consultation: 718-261-8114 – JUSTICE IS SWEET.
