I Wasn’t Wearing a Helmet. Can I Still File a Motorcycle Accident Claim?


Motorcycle helmet laws vary from state to state. For example, in Florida, only riders under 21 must wear a motorcycle helmet. However, eye protection is required, and un-helmeted riders must carry an insurance policy with a minimum of $10,000 in medical benefits.

In New York, all riders and passengers are required to wear a helmet and eye protection while on a motorcycle. This also applies to Class A and Class B mopeds in New York.

Using a motorcycle helmet has been shown to significantly reduce the risks of head injury during a motorcycle accident. According to the National Highway Traffic Safety Administration, un-helmeted motorcyclists are more than 3x as likely to suffer a traumatic brain injury in an accident as those wearing a helmet.

Traumatic brain injury can result in a permanent loss of ability. It can interfere with family, social, and work life, require round-the-clock care, and necessitate several types of therapy. The estimated lifetime cost of a traumatic brain injury can range from $85,000 to $3 million. When your injury results from someone else’s negligence, you are entitled to seek compensation for these and all associated costs.

What if I wasn’t Wearing a Helmet?

You might be able to seek compensation through a personal injury lawsuit even if you weren’t wearing a helmet. However, the amount of payment you are awarded will likely be diminished by this fact. In addition, if you were not wearing a helmet in a state where helmet use is required, you might also face additional fines and penalties for breaking the law. This is separate from your injury claim.

The best way to determine if you have a right to seek compensation is through a one-on-one consultation with an experienced attorney. At McPhillips, Fitzgerald, and Cullum, our lawyers understand the complexities of these cases. We can help you determine the best course forward during your complimentary case review.

Please call 518-792-1174 to schedule a free consultation at our Glens Falls, New York, or Miami Shores, Florida office. We fight for victims of serious injury living in New York and Florida.


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