Managing Partner
Even if you weren’t wearing a helmet, you can still recover compensation under New York’s pure comparative negligence rule. Maximize damages by hiring an experienced Long Island motorcycle accident attorney who will emphasize other contributors to your injuries, non-head injuries and other damages, retain expert witnesses, and use mediation while keeping focus on the at-fault party’s negligence.
When a motorcycle rider suffers an accident due to someone else’s negligence, they have the right to seek monetary compensation. But there’s a catch: If the rider was partially responsible for their own injuries, the available compensation could be reduced.
This becomes a serious problem in accidents in which the motorcyclist was not wearing a helmet. Nonetheless, there are strategies for riders to fight back against attempts to lower their damages. If you were injured in a Long Island motorcycle accident, Dell & Dean PLLC can help.
Why Not Wearing a Helmet Makes a Difference
When an accident victim is partially responsible for causing their own injuries, the concept of comparative negligence becomes relevant. What this means is that a court will assign a percentage of fault to the victim and then reduce their damages accordingly.
For instance, say someone is in an accident involving speeding, but the victim illegally turned left at a light. A jury may decide that the victim was 30% at fault. If the damages would have been $100,000, they will be reduced by 30% ($30,000), netting $70,000 to the victim.
Unlike most states, New York operates on pure comparative negligence principles. This means that no matter what percentage of fault the victim shares for an accident, they can still recover some compensation for their injuries.
Not wearing a helmet, which is required under New York law, is an indication of negligence. So if the driver or other party who caused your accident finds out that you had no helmet on at the time of the crash, they will attempt to use this fact to lower your damages.
Legal Strategies for Protecting Your Compensation
Although the at-fault party can attempt to use your lack of a helmet against you, this is not necessarily the end of the case. Working with an experienced Long Island motorcycle accident attorney, you can explore such legal strategies as:
- Emphasizing other factors: The at-fault party will want to focus on your lack of a helmet, but other factors like speeding or even the road conditions may have aggravated your injuries. Focusing on these could maximize your damages.
- Emphasizing non-head-related injuries: While the injuries related to your head are important, they may not be the only ones. A helmet is largely irrelevant to other common motorcycle injuries like road rash and broken bones, and you can’t lose sight of these.
- Emphasizing other damages: The absence of a helmet primarily concerns a victim’s medical bills, but you will want to claim other damages such as pain and suffering that might be less related to the lack of a helmet.
- Retaining an expert witness: An expert witness is someone with technical or specialized knowledge who can explain complex matters to juries. An expert may review your accident and conclude, for instance, that your injuries still would have been severe even with a helmet.
- Making the most of mediation: Mediation offers many motorcycle accident victims the best shot at winning the most amount of compensation. Your Long Island accident lawyer should be well-experienced with mediation and prepared to use it to your advantage.
- Staying focused on the at-fault party’s negligence: Those who cause motorcycle accidents want juries to focus on helmets to try to divert a jury’s attention away from their own negligence. Your lawyer will work to keep the court’s attention on the role the defendant played in your crash.
No Matter the Circumstances, We Can Fight for You
Don’t let the absence of a motorcycle helmet discourage you from seeking the compensation that you deserve. If you were injured in a Long Island accident, let Dell & Dean PLLC get to work fighting for you. Connect with us to get started on your case.
