Crashes are a constant in Dutchess County. According to the Institute for Traffic Safety Management & Research, there were a total of 15,167 motor vehicle occupants, 87 motorcyclists, and 44 bicyclists involved in crashes in 2023. Thankfully, the vast majority of them experienced no injuries, or minor injuries. In addition to traffic-calming laws, better vehicle manufacturing, and road design, a large factor is compliance in wearing a seatbelt, safety gear, or a bicycle helmet.
In this blog post, we’re going to cover how the use of 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 15,167 occupants of vehicles involved in car crashes in Dutchess County in 2023. 13,926 of them were wearing seatbelts, 241 were not, and according to public records, we’re not sure about 1,000 of them.
Among the 13,189 people who had no injuries, 12,076 were wearing safety belts, 177 were not (roughly 1%), and we’re not sure about 936 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, 1,309 were wearing seatbelts, and 30 (2%) were not wearing a seatbelt. Among people suffering moderate injuries, 278 were wearing a seatbelt, and 14 were not (4.6%). Among those suffering severe injuries, 217 were wearing seatbelts, and 15 (6%) were not. And among those killed in car crashes, 9 were wearing a seatbelt, and 5 (35%) were not.
Wearing a seatbelt can be a major factor in injury severity. That is reflected in your options for a personal injury settlement after a car crash. If a jury agrees that some or all of your injuries would have been prevented or reduced had you worn a seatbelt, they can reduce the damages awarded 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 Dutchess 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 Dutchess County in 2023, helmet use is 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. All 13 people who had moderate injuries were wearing a helmet, 20 of 23 people who had serious injuries were wearing a helmet, and all six people killed on motorcycles were wearing a helmet.
In New York State, comparative negligence helps shape what motorcyclists can receive in a personal injury settlement. If courts or insurers can prove 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 in a proportional manner.
Bicycle Crashes and Helmet Use
In New York State, helmet use is only mandated for bicyclists under 14 years of age. However, if there was a head injury involved in a crash, insurers will still look to find a causal link between the injury and the lack of a helmet in the crash.
The vast majority of people involved in police-reported bicycle injury crashes in Dutchess County were not wearing a helmet. Only one of 20 people with minor injuries were wearing a helmet, two of eight people with moderate injuries, one of 11 people with serious injuries, and the one person killed in an accident was not wearing a helmet.
How Safety Equipment Affects Your Settlement
The ultimate answer to this, across car, motorcycle and bicycle crashes in Dutchess 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 845-404-1700 to set up a free consultation at our personal injury law office in Poughkeepsie today.