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Many people use motorcycles to get around New York City. Motorcyclists are subject to certain New York helmet laws, which were enacted for their own safety. However, while helmets offer additional protections, they do not prevent all injuries from happening in an accident. New York City motorcycle accident attorney Michael J. Redenburg assists those injured in these collisions with their legal claims. Often, even when a motorcyclist obeys all the laws of the road, they are still at risk of harm from another negligent party. When motorcycle rider’s injuries are due to another party’s negligence, those parties should be held legally responsible. Mr. Redenburg is dedicated to making sure victims of motorcycle accidents receive the financial support they need for their recovery. If you have been injured, or a loved one has died, in a motorcycle collision, call our office at (212) 240-9465 to speak with an attorney today.
New York Helmet Laws
The National Highway Traffic Safety Administration lists head injury as the leading cause of death and serious injuries in motorcycle accidents. New York enacted helmet laws to prevent, or at least curb, these types of injuries for motorcyclists. Helmets are about 30% effective in preventing otherwise fatal head trauma and 67% effective in preventing serious brain injury.
Under New York State law, all motorcycle drivers, as well as passengers, must wear helmets. This requirement applies to riders of all ages and experience levels. The laws also mandate that helmets meet the standards set out under the Federal Motor Vehicle Safety rules. New York City motorcyclist must wear helmets with the DOT symbol placed near the bottom, which shows approval by the Department of Transportation. The helmet must also have a continuous protective curved surface and allow for peripheral vision clearance. Even when motorcyclists wear the proper protection, they may still suffer serious injuries in a motorcycle accident https://www.mjrlaw-ny.com/personal-injury/motor-vehicle-accidents/motorcycle-accidents In these situations, injured victims have legal recourse to receive compensation for their losses. An experienced personal injury attorney in New York City can help you determine your next legal step.
Injury Claims Arising Out of Motorcycle Accidents
Victims of motorcycle accidents can file personal injury claims for those collisions caused by another party’s negligence. To show negligence, and recover owed damages, a victim, known as a plaintiff, must show that a defendant breached an owed duty of reasonable care. All road users have a duty to each other to act as a reasonable and prudent person would under similar circumstances. A plaintiff must also show the breach of duty was a proximate cause of his or her injuries and that they suffered damages as well. Some examples of unreasonable, and therefore negligent, actions include distracted driving; failing to yield the right of way; tailgating; and driving under the influence of alcohol or drugs.
In New York, a victim can be partially, or even mostly, at fault for causing their own injuries, and still be entitled to damages from another negligent party. For example, if a motorcyclist is not wearing their helmet and therefore found 70 percent liable for their own injury, they can still be awarded 30 percent of their damages from a defendant. Damages for injuries sustained in a motorcycle accident include past and future medical costs, lost income, loss of earning capacity, as well as pain and suffering.
Legal Representation for NYC Motorcycle Accident Victims
Victims injured in motorcycle crashes should know their legal rights. New York City motorcycle accident attorney Michael J. Redenburg helps make sure victims not only know these rights but also assert them. Mr. Redenburg offers zealous advocacy and comprehensive legal representations to clients in and around New York City. Our firm assists residents of Brooklyn, Queens, Manhattan, the Bronx, and Staten Island as well as those in Nassau County, Suffolk County, and Westchester County. If you have questions about your legal options in the aftermath of a serious motorcycle accident, contact our office today at 212-240-9465 to learn more about how we can help.