Every motorcycle case starts with the same headwind. The adjuster, and later the jury, walks in assuming the rider was speeding, weaving or showing off. It does not matter that a driver turned left across your lane on Woodhaven Boulevard or drifted into you on the Belt Parkway. The first job of a motorcycle accident lawyer in Queens is to take that assumption apart, and the insurer’s first job is to feed it, usually with two arguments: you were not wearing the right gear, and you were partly at fault.
This guide explains New York’s helmet law, what happens to a claim when a rider was not wearing a helmet, how comparative fault actually works, and the evidence that answers the “reckless rider” story.
New York’s helmet and eye-protection law
New York is a universal helmet state. Under Vehicle and Traffic Law § 381, every motorcycle operator and every passenger must wear a protective helmet that meets the federal safety standard, and operators must also wear goggles or a face shield of a type approved by the Commissioner. Novelty helmets that lack the DOT certification do not satisfy the law.
The public-health case for the rule is not in serious dispute. NHTSA estimates helmets are about 37 percent effective in preventing rider deaths and far more effective in preventing brain injuries. That is why the helmet question comes up in nearly every motorcycle claim, whether or not the rider had one on.
What happens to your claim if you were not wearing a helmet
Not wearing a helmet does not bar your claim, and it does not make you responsible for a crash someone else caused. The helmet had nothing to do with whether the driver looked before turning. What the insurer can do is argue that your head or facial injuries would have been less severe with a helmet, and ask that the damages for those injuries be reduced.
New York courts generally treat this the way they treat seat belts: it is a question of mitigation of damages, not of fault for the accident. That framing matters for three reasons:
- The insurer has to prove it. Reducing damages requires competent proof, typically from a medical or biomechanical expert, that a helmet would have prevented or lessened a specific injury. A general statement that helmets are safer is not enough.
- It only reaches head and face injuries. A shattered femur, a spinal fracture, road rash and a torn rotator cuff are not helmet injuries. Most of the value in a serious motorcycle case sits in injuries a helmet would never have touched.
- A ticket is not a verdict. Being cited under § 381 is a traffic matter. It does not decide the civil case.
Riders who were wearing a DOT helmet should keep it. A helmet with a cracked shell or crushed liner is physical evidence of the force of the impact, and a damaged helmet next to a serious head injury answers the “it was just a minor collision” argument before it starts.
Comparative fault: how New York divides the blame
New York follows pure comparative negligence. If a jury finds you were 20 percent at fault, you recover 80 percent of your damages. Even a rider found mostly at fault can recover something. The insurer’s goal is therefore not to prove you caused the crash but to push your percentage as high as possible with a familiar set of claims:
- “He was speeding.” Answered with the event data recorder in the car that hit you, the length of skid and scrub marks, crush damage analysis and, increasingly, video. See how an accident reconstructionist turns those into speed estimates.
- “He came out of nowhere.” The standard left-turn defense. Sightline measurements and the timing of the turn usually show the rider was there to be seen.
- “He was lane splitting.” Riding between lanes of traffic is illegal in New York under VTL § 1252, although two motorcycles may ride abreast in one lane. If you were in your lane, the physical evidence of where the impact happened settles the question.
- “He wasn’t wearing gear.” Jackets, gloves and boots are not required by law, and the mitigation argument for them is far weaker than for helmets.
Motorcyclists and New York no-fault
Motorcycles are excluded from New York’s no-fault system. That cuts both ways. Riders do not receive no-fault medical and lost-wage benefits after a crash, so treatment runs through health insurance or medical payments coverage on the motorcycle policy. On the other hand, riders are not bound by the serious injury threshold that limits car occupants, so a rider can bring a claim for pain and suffering without first proving a threshold injury. We explain the exclusion in detail in Fighting the No-Fault Exclusion for Injured Riders and in our guide to why riders are treated differently in New York City claims.
Where the money comes from
- The at-fault driver’s liability policy. New York’s minimum is $25,000 per person for bodily injury, which is quickly exhausted in a serious motorcycle case.
- Your own uninsured and supplementary underinsured motorist coverage (UM/SUM) on the motorcycle policy, which steps in when the driver has too little insurance or none.
- MVAIC, the state fund for hit-and-run and uninsured accidents, when no household policy applies. Our guide to UM, SUM and MVAIC claims covers the deadlines, which are short.
- The City of New York, when a road defect such as a pothole, a sunken utility cut or an unmarked steel plate caused the crash. Those claims require a notice of claim within 90 days and involve the City’s prior written notice rules.
The crashes we see most in Queens
Left turns across a rider’s path at intersections on Northern, Hillside and Rockaway Boulevards. Dooring on commercial strips in Astoria, Jackson Heights and Flushing. Lane changes into a rider’s blind spot on the Grand Central, the Van Wyck and the LIE. Rear-end impacts at lights on Cross Bay Boulevard. And single-vehicle crashes caused by road conditions, especially grooved pavement and metal plates on the bridges. Each has its own evidence, and in each the driver’s insurer will tell the same story about the rider.
What to do after a motorcycle accident in Queens
- Call 911 and make sure a police report is generated, even for a hit-and-run.
- Photograph both vehicles, the intersection, the signals and the road surface before anything is moved.
- Keep the helmet, the jacket and the bike exactly as they are. Do not repair or discard anything.
- Get medical care the same day and follow the treatment plan.
- Do not give a recorded statement to the other driver’s insurer, and stay off social media about the crash.
- Note the deadlines: three years to sue in most cases, 90 days for a notice of claim against the City, and a matter of days for MVAIC and UM/SUM notices.
Frequently asked questions
I wasn’t wearing a helmet. Should I still call a lawyer?
Yes. The helmet issue affects, at most, the damages for head and facial injuries, and only if the insurer can prove a helmet would have made a difference. It has no bearing on who caused the crash or on the rest of your injuries.
The police report says I was speeding. Is the case over?
No. A police officer’s estimate, often taken from the driver who hit you, is not the last word. Physical evidence and reconstruction frequently contradict it.
The driver only has $25,000 in coverage. What then?
Your own SUM coverage, if you carry it, is the next layer. That is why we tell every rider in Queens to buy the highest SUM limits their carrier offers; it is the coverage most likely to pay a serious claim.
Talk to a motorcycle accident lawyer in Queens
Yakov Mushiyev & Associates represents injured riders throughout Queens and New York City from our office at 1 Cross Island Plaza in Rosedale. We know the arguments insurers use against motorcyclists and how to answer them with evidence. Free consultation, no fee unless we win. Call 718.775.3110 or contact us online.
General information, not legal advice. Attorney Advertising. Prior results do not guarantee a similar outcome.