A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.
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Bicycle Helmet Laws in New York
Wearing a helmet is always smart when riding a bicycle in New York. However, you may have questions about what the law says, like, “Does New York have a helmet law?” “Is it illegal to ride a bike without a helmet in New York?” and “Do adults have to wear bike helmets in New York?”
There are some scenarios in New York where riding a bicycle without a helmet is legal. However, doing so may be unwise. Along with protecting yourself, wearing a bicycle might improve your chances of receiving compensation if you’re ever injured in a bicycle wreck.
New York Bicycle Helmet Laws: The Basics
The following points summarize New York’s bicycle helmet law:
- No one under 14 may operate a bicycle without wearing a helmet that conforms to New York’s bicycle helmet safety standards.
- If a bicycle passenger is five years of age or older but younger than 14, they must wear a bicycle helmet. If a passenger is younger than five but older than one year of age, they must wear a helmet and sit in a separate seat that protects a passenger from a bicycle’s moving parts. The law prohibits riding with a passenger under the age of one in any capacity.
- Anyone operating a Class-3 electric bicycle must wear a helmet regardless of age.
In New York, a Class-3 electric bicycle is an e-bike with the following qualities:
- The bicycle is in operation in a city with a population of one million or more.
- The bicycle has an electric motor that can be the only method of propulsion.
- The electric motor can provide assistance up to the point that the vehicle reaches a speed of twenty-five miles per hour but no faster.
NY Counties Can Set Their Own Bicycle Helmet Laws
Individual counties in New York may establish and enforce bicycle helmet laws that differ from state law. For example, all bicyclists in Rockland County must wear helmets when riding bicycles. Regardless of age, the law always applies when a bicyclist is on county roads or land.
Impact of Helmet Use on Injury Claims
Obeying the rules of the road can boost your safety on a bicycle. Unfortunately, it’s still possible to get hurt in a bicycle wreck someone else causes.
You may be eligible for compensation in these circumstances. For example, perhaps you sustained injuries when a motorist struck you because they weren’t paying enough attention to the road to spot you. You could file a claim with their auto insurance carrier. Filing an insurance claim is a way to seek compensation for medical bills, lost wages, and similar losses that might result from a bicycle crash.
Various factors can influence how much compensation you may be eligible to receive in these circumstances. Whether you were wearing a bicycle helmet at the time of the crash may be one such factor.
Bicycle Accident Claims and Helmet Regulations: How Not Wearing a Helmet Affects Your Case
Like many states, New York has a contributory negligence law. The law states that the amount of money someone is eligible to receive in a personal injury case may depend on whether their own actions or carelessness played a role in their injuries.
To return to the example from the previous section, maybe you weren’t wearing a helmet when the wreck occurred. An insurance company might argue that your injuries would have been less severe had you taken steps to protect yourself. Perhaps they determine you are 30 percent responsible for your injuries because you were not wearing a helmet.
Maybe you would have been eligible to receive $10,000 if the motorist who caused the wreck was solely responsible. Because you’re 30 percent responsible, the most you could receive in compensation would be $7,000.
The extent to which not wearing a helmet impacts your case can depend on several factors. For example, the choice to not wear a helmet will typically have a greater impact if you decide not to wear a helmet in a situation when the law requires you to.
Contact a New York Bicycle Accident Attorney
Is it illegal to ride a bike without a helmet in NY, New York? Hiring a lawyer to represent you when seeking compensation after a bicycle wreck is advisable for many reasons. In general, a lawyer can assist with the many tasks the claims process involves, such as gathering evidence, documenting losses, and negotiating with insurance adjusters. A New York bicycle accident attorney from [firm-name] can also advise you about the way helmet laws may affect your case. Learn more by contacting us online and calling our team at [phone-number linked=true] today for a free case review.
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