All motorists have probably experienced a situation in which during an
attempted lane change one sees something that wasn’t at first seen
and then must quickly move back to the previous lane. Sometimes that which
wasn’t at first seen was a motorcycle in the adjacent lane. This
is a major cause of
Motorcycles are sometimes difficult to see because of their small stature,
but nonetheless motorists must still be on the lookout for everything
that can be perceived through the senses. In the above example, an accident
was adverted, but such is not always the case.
Experienced Poughkeepsie motorcycle accident attorneys know all too well that bikers are injured in roadway accidents that could
have been prevented. More specifically, had the offending driver not been
negligent the motorcyclist would not have been injured.
Many of the injuries are very severe and involve skull fractures and/or
brain trauma. Such may be the case even though the motorcyclist was wearing
a helmet. In fact, you might be surprised at how ineffective helmets can
be at preventing serious injury and/or death. More surprising is that
overall helmet use nationally hasn’t exceeded 70% except for one
year in between the years 1994 and 2012.
Let us dispense with what is the obvious; every motorcyclist, operator
or rider, must always wear a helmet while on a motorcycle. Not just because
it is the law, but because it is basic safety equipment, although not
helmet laws significantly affects the rates of helmet use.
States with such laws have usage rates nearing 100%, while national statistics
of overall helmet usage is only at 60% when including those states that
do not require helmets. As you ponder these numbers, understand that only
20 states including the District of Columbia have laws that mandate motorcyclists
to use helmets. Also note that rates of helmet use is lower for riders
as compared to operators. In 2012, only 46 percent of motorcycle passengers
There is also a distinction between the quality of helmets worn; there
are those that are DOT compliant and those that are not. Almost 10% of
motorcyclists who wore helmets in 2012 wore non-compliant helmets.
The motorcyclist or rider who has been injured in a roadway accident should
know that he or she can still seek monetary compensation for their injuries
even if a non-compliant helmet was used, and even if a helmet was not
used at all.
This is because failing to wear a helmet bears no relation to whether or
not the other motorist was negligent. If one’s negligence caused
the motorcyclist’s injuries, then there should be compensation available
if the motorcyclist suffered damages. Note, however, that failing to wear
a helmet can cause the motorcyclist to recover a reduced amount of damages.
For more information about New York’s helmet law,
visit our blog post here.
Interested in learning more about motorcycle accidents and related statistics?
Find out more in thelatest free articles from our experienced attorneys here. Also learn more about the deadly statistics ofmotorcycle crashes here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.