Understanding New York's Helmet Laws

Posted in Firm NewsPersonal Injury and tagged by Ken Wilhelm

Bicycle and motorcycle riders are in constant danger of suffering a serious head injury. It only takes a moment of distracted or negligent driving for a collision to occur. Having a properly fitted helmet greatly increases the chances of the rider surviving the crash and avoiding a catastrophic head injury. To promote safe riding habits and to help minimize the risk of head injuries, New York has put in place a number of laws regarding helmet use.
Under New York Law, “it shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet.” This law is for motorcycle riders of all ages and it includes motorcyclists and their passengers. New York has slightly less stringent restrictions for bicycle riders than motorcycle riders.
New York Statute 1238(5)(b) states: “No person, one or more years of age and less than fourteen years of age, shall operate a bicycle unless such person is wearing a helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards) or the Snell Memorial Foundation’s Standards for Protective Headgear for use in Bicycling.” This means that riders 15 years of age or older are not legally required to wear a helmet.
According to The New York Department of Motor Vehicles (DMV), of the 151 people killed in New York motorcycle accidents in the year 2009, 15 were not wearing helmets. During that same year, of the 29 bicyclists killed in New York accidents, 14 were not wearing a helmet at the time of the crash. It is unclear how many of those victims may have survived had they been wearing proper protective gear.
Despite all the precautions motorcyclists and bicyclists may take, it is sometimes difficult to avoid a crash that occurs due to the actions of another negligent driver. The experienced personal injury attorneys at The Law Offices of Kenneth A. Wilhelm help victims who have been injured in motorcycle and bicycle accidents caused by negligent drivers. To discuss your legal rights and options with a skilled injury lawyer, call 1-800-WORK-4-YOU (1-800-967-5496) today. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit our website: www.work4youlaw.com