Crashes and personal injuries are an unfortunate fact of daily life in Orange County. According to the 2023 dataset of the Institute for Traffic Safety Management & Research, there were a total of 24,826 motor vehicle occupants, 193 motorcyclists, and 39 bicyclists involved in crashes or accidents. Thankfully, over 90% of them were either uninjured, or suffered only minor injuries. These outcomes are due to a variety of measures, such as road design and maintenance, traffic calming policies, and safer vehicle manufacturing, and compliance in wearing a seatbelt, safety gear, or a bicycle helmet.
In this blog post, we’re going to cover how compliance with wearing safety gear affects the likelihood of being injured in an accident, and how it does and doesn’t factor into the recoverability of damages in a personal injury settlement.
Motor Vehicle or Car Crashes
There were 24,826 occupants of vehicles involved in car crashes in Orange County in 2023. 23,096 (93%) of them were wearing seatbelts, 350 (1.4%) were not, and according to public records, we’re not sure about 1,380 of them.
Among the 21,525 people who had no injuries, 20,020 were wearing safety belts, 231 were not (roughly 1%), and we’re not sure about 1,274 of them.
Among people who were injured or killed in car crashes, not using a seatbelt hurt their outcomes significantly. For occupants suffering minor injuries, 2,292 were wearing seatbelts, and 53 (2.2%) were not wearing a seatbelt. Among people suffering moderate injuries, 420 were wearing a seatbelt, and 21 were not (4%). Among those suffering severe injuries, 292 were wearing seatbelts, and 38 (10%) were not. And among those killed in car crashes, 16 were wearing a seatbelt, and 6 (27%) were not.
Your decision to wear a seatbelt may have an effect on the severity of your possible injuries. That reality is reflected in your chances of a personal injury settlement after a car crash. If it can be proven that some or all of your injuries would have been prevented or reduced had you worn a seatbelt, your recoverable damages can be adjusted accordingly.
This precedent was established by Spier v. Barker, 35 N.Y.2d 444 (1974), which emphasizes that while seatbelt use doesn’t affect who caused a car accident, it can significantly impact the amount of compensation a plaintiff can recover for their injuries if they were not buckled up.
Motorcycle Crashes and Helmet Use
In New York State and Orange County, you should wear a motorcycle helmet. New York enforces a universal helmet law that requires all riders and passengers to wear approved helmets and eye protection.
In the 87 motorcycle crashes reported in Orange County in 2023, the use of helmets and safety gear was mixed. 75 riders or passengers were wearing helmets, seven (8%) were not, and we’re not sure about five of them. Among people who had minor injuries, 16 were wearing a helmet, and three were not. 13 of 14 people who had moderate injuries were wearing a helmet, 20 of 22 people who had serious injuries were wearing a helmet, and six people killed on motorcycles were wearing a helmet.
In New York State, the concept of comparative negligence affects what motorcyclists can receive in a personal injury settlement. If the courts or insurers can demonstrate that your non-use of safety gear influenced the severity of your injury, for example, a traumatic brain injury, then your potential for a full recovery of damages is lessened proportionally.
Bicycle Crashes and Helmet Use
In New York State, the use of bicycle helmets is mandated for those under 14 years of age. However, if there was a head injury caused by a crash, insurers may attempt to find a causal link between the injury and the lack of a helmet.
32 of 39 people involved in police-reported bicycle injury crashes in Orange County were not wearing a helmet.
How Safety Equipment Affects Your Settlement
The ultimate answer to this, across car, motorcycle and bicycle crashes in Orange County, is that it depends. It’s a matter of finding a personal injury attorney who is equipped to make the best argument to receive a just settlement for your injuries or losses from a crash. Give us a call at 845-670-7000 to set up a free consultation at our personal injury law office in New Windsor today.