- Bicycles: Helmets required for children under age 14
- Motorcycles: Helmets required for all riders and passengers
- Scooters: Helmets not required if maximum speed is below 20mph
Bicycle Helmet Laws
New York State law requires kids under age 14 to wear a helmet when biking. The goal is to safeguard children from head injuries if they’re in a bicycle accident. That said, wearing a helmet is not mandatory for anyone over 14 years old.
Motorcycle Helmet Laws
The New York motorcycle helmet law requires that all riders and passengers wear a helmet while operating a motorcycle anywhere in the state. In fact, New York was the first state in the nation to have a universal helmet law. There are no circumstances where riders and passengers do not have to wear a helmet.
Motorcycle Helmet Standards
The laws also require helmets to meet the standards outlined in Section 571.218 of federal motor vehicle safety rules. Some of these include:
- No rigid projections inside the helmet shell and none that protrude more than 0.2 inches from the outer helmet
- The DOT symbol must be located between one to three inches from the bottom of the helmet
- Peripheral vision clearance of at least 105 degrees
- A continuous protective curved surface
Motorized Scooter Helmet Laws
On certain smaller motorbikes, including motorized scooters, it is recommended to wear a helmet, but not required. This depends on the engine size and how fast the motor vehicle can go. If the scooter’s maximum speed is below 20 miles per hour, New York motorcycle helmet laws do not apply.
Legal Consequences of Not Wearing a Helmet
If you are caught violating the New York helmet law, the police may pull you over and issue a ticket. You could face a $100 fine, 30 days in jail, or both. There are no exceptions to New York’s universal helmet law.
Can I Still File a Claim For an Accident if I Wasn’t Wearing a Helmet?
Yes. You can file a personal injury claim if you are injured in a motorcycle or bicycle crash because of someone else’s negligence, regardless of whether you were wearing a helmet. If you sustain a head injury in an accident while not wearing a helmet, you may still be able to recover compensation, but the amount may be reduced.
How Will Not Wearing a Helmet Affect My Compensation?
New York’s comparative negligence law allows accident victims to recover damages in personal injury claims even if they are partly at fault for their injuries. However, their compensation is reduced proportionately to their degree of fault. For example, if you were 40 percent at fault for the accident and your damages were $1 million, your compensation would be reduced to $600,000.
The comparative negligence law can also affect your accident compensation if your share of fault for causing the accident is zero. For instance, if your injuries were worse because you were not wearing a helmet, the insurance company may blame you for violating the New York helmet law even though you did not cause the accident itself.
What to Do If You're Injured While Riding Without a Helmet
If you’re injured in an accident while riding without a helmet in New York, follow these steps:
- Seek Medical Attention: Your health and safety should always come first. Seek medical attention immediately, even if you don’t think your injuries are that bad.
- Document the Accident: Take pictures of the accident scene, including any visible injuries and property damage. Get contact info from any witnesses who saw the accident occur.
- Contact Law Enforcement: Report the accident to the police and get a copy of the accident report. Official documentation can be important evidence in your personal injury case.
- Talk to a Personal Injury Attorney: An experienced NY personal injury attorney can help you understand your rights and options. They can evaluate the circumstances of your case and let you know the best way to proceed.
Additional Motorcycle Safety Requirements
In addition to the New York helmet law, motorcyclists must comply with the following safety requirements, which align with federal guidelines and sometimes exceed them:
- Adequate front and rear brakes that can control the motorcycle at all times.
- A bell, horn, or similar signaling device.
- Red to amber tail lights that remain lit while the motorcycle is in use.
- An approved white or yellow headlight that remains lit at all times while the motorcycle is in use and is visible for at least two hundred feet.
- If used in conjunction with headlights, reflectors that have polished silver glass-reflecting surfaces or surfaces that otherwise intensify the headlight.
- Reflector surfaces that are “substantially free” of rust, dirt, and other imperfections that could diminish their effectiveness.
- Handlebars and grips at or below the rider’s shoulders.
- Approved goggles or face shields worn at all times.
- Adjustable rear-view mirrors.
- Windscreens approved by the state commissioner, if used.
Law enforcement reserves the right to inspect motorcycles to ensure compliance with all safety laws. It is illegal in New York to sell helmets, goggles, or face shields that do not comply with federal and state regulations.
