The Importance of Wearing Proper Gear: How It Affects Your Accident Claim

When an accident happens, the first thing people usually worry about is their physical well-being. However, how the accident is handled can affect things down the line, especially when it comes to legal claims and insurance.

One important thing that can impact how an accident claim turns out is whether the people involved were wearing the right gear. Wearing the right safety equipment not only helps prevent serious injuries, but it also affects how insurance companies and courts handle the claim.

The Dangers of Riding a Motorcycle Without Proper Protective Gear

Riding a motorcycle can be an amazing experience, but it’s not without risks—especially if you’re not wearing the proper gear. Without them, you’re putting yourself at a much higher risk of serious injury or worse. Here are some of the dangers you face when riding without the right protective gear:

Head injuries: If you’re not wearing a helmet, you’re putting yourself at a higher risk for traumatic brain injuries, skull fractures, or even death in case of a crash.
Road rash and skin abrasions: Jackets, gloves, and pants protect your skin from getting scraped up in a fall. Without them, you risk deep abrasions or infections.
Spinal and back injuries: Without a back protector or armored jacket, your spine is much more vulnerable in an accident.
Broken bones and fractures: Protective gloves, boots, and knee guards can absorb impact during a crash, helping to prevent broken bones or fractures.
Increased exposure to the elements: Without the right gear, you’re more exposed to the elements—whether it’s extreme heat, rain, or cold—and this can affect your ability to ride safely.
Loss of control: Not having the proper gear can make it harder to keep control of your bike, especially in dangerous situations.
Long-term health issues: Going without protection can cause long-term issues like joint damage, chronic pain, or nerve problems after a serious crash.

How It Impacts Your Accident Claim

Insurance companies and courts will often look at whether or not you were wearing protective gear when deciding who is at fault and how much compensation you might get. Not wearing the right gear doesn’t just increase your risk of injury, but it could also impact the amount of money you can claim.

Here’s how wearing the right gear can affect your accident claim:

Insurance Adjusters May Use Lack of Gear Against You

If you get hurt in a motorcycle accident and aren’t wearing the right protective gear, the insurance adjusters may bring that up. They might argue that your injuries were worse because you weren’t properly protected. For example, if you didn’t wear a helmet and hit your head, they could say your lack of a helmet made your injuries worse, which could lead to a smaller payout.

Comparative Fault Can Be Applied

Comparative fault means that if you’re partly responsible for your injuries—like not wearing the right gear—your compensation could be reduced. For example, if the court decides that wearing protective gear would have helped lessen the seriousness of your injuries, they might lower how much you get for your claim because you didn’t take the right safety measures.

Even though you may be partially at fault, New York’s pure comparative fault law still allows you to get compensation, but it will be less depending on how much of the blame is on you.

The Role of Medical Evidence

Wearing protective gear can help keep your injuries less severe, and this affects the medical evidence in your claim. If you didn’t wear gear and your injuries are worse as a result, your medical records will show that.

The more serious your injuries, the more complicated your claim will be, and it could end up costing more, taking longer, and possibly resulting in a lower settlement. Wearing the right gear ensures that your injuries are a true reflection of the accident, not made worse by your failure to wear protection.

Legal Considerations and Compensation

Courts may also think about whether or not you wore protective gear when deciding how much compensation you should get. If you didn’t wear a helmet or protective clothing and got a head injury, for example, the court may decide that you made your injuries worse by not wearing the proper gear. This could lower the amount of money you get for things like medical bills, pain and suffering, or other damages.

Wearing Gear Can Strengthen Your Claim

On the other hand, wearing the proper gear can actually make your claim stronger. It shows that you took the necessary steps to protect yourself, which can make your case more convincing.

Insurance companies and courts tend to look more favorably on people who show they took responsibility and followed safety rules. This can improve your chances of getting a fair settlement or winning your case in court.

Tips to Strengthen Your Claim with Proper Gear

Wearing the right protective gear when you’re riding a motorcycle can make a difference, not just for your safety but also when it comes to your accident claim. Here are a few tips to help make sure you’re doing everything you can to protect yourself and your claim:

Always adhere to local laws: Stay updated on your area’s safety gear requirements and make sure you comply with them at all times.
Maintain and inspect gear regularly: Gear should be well-maintained and up to date with current safety standards. Inspect your equipment before each use.
Document usage: Take photos of your gear before and after an accident, and keep receipts to prove that your gear was in good condition.
Consult a legal expert: To understand how wearing the proper gear can affect your compensation, consult a motorcycle accident lawyer NYC who specializes in accident claims.

Conclusion

At the end of the day, wearing the right protective gear when you’re riding a motorcycle is about more than just staying safe—it can also affect how your accident claim turns out. Putting safety first, knowing your legal rights, and getting help when needed will make it easier to handle what comes after an accident. Make sure you’re always wearing the right gear, and stay ready to protect both yourself and your rights.

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Troxus Explorer Step-Thru Ebike – The Troxus Explorer Step-Thru is a fat-tire ebike that I’ve had the pleasure of riding for a while now. It has amazing power, great looks, and awesome range. If you’re looking for a great fat-tire ebike that offers a lot for the price, the Troxus Explorer Step-Thru is definitely one for you to consider. Check out my Troxus Explorer Step-Thru Review.
Hovsco HovBeta Ebike – The HovBeta is a folding ebike with great specs and a lot of interesting features, and importantly, it’s sold at a good price point. I’ve had a blast commuting with it and using it to do deliveries with DoorDash, Uber Eats, and Grubhub. Check out my Hovsco HovBeta Ebike Review.
Vanpowers Manidae Ebike – The Vanpowers Manidae is a fat tire ebike that I’ve been riding as my primary winter commuting bike and have also been using it to do food delivery with apps like DoorDash, Uber Eats, and Grubhub. After clocking in a decent number of miles with this ebike, I wanted to write a post sharing what my experience with the Vanpowers Manidae ebike has been like. Check out my Vanpowers Manidae Review.
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Himiway Escape Ebike – The Himiway Escape is an interesting bike for anyone looking for a moped-style ebike. If you’re a gig economy worker, the Himiway Escape is particularly interesting and it’s possible to think of it as an investment, especially if you can opt to do deliveries with the Himiway versus using a car. It’s not cheap, but you can definitely make your money back when you compare the mileage you’ll put on your car versus using an ebike. Check out my Himiway Escape Bike Review.
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Kevin is an attorney and the blogger behind Financial Panther, a blog about personal finance, travel hacking, and side hustling using the gig economy. He paid off $87,000 worth of student loans in just 2.5 years by choosing not to live like a big shot lawyer.

Kevin is passionate about earning money using the gig economy and you can see all the ways he makes extra income every month in his side hustle reports.

Kevin is also big on using the latest fintech apps to improve his finances. Some of Kevin's favorite fintech apps include:

SoFi Money. A really good checking account with absolutely no fees. You'll get a $25 referral bonus if you open a SoFi Money account with a referral link, and an additional $300 if you complete a direct deposit.
5% Savings Accounts. I'm currently getting 5.24% interest on my savings through a company called Raisin. Opening a Raisin account takes minutes to complete, it's free, and all of your funds are FDIC-insured. I explain how it works, why I'm now using it to store my emergency fund and any other cash savings I have, and why I recommend everyone check it out in this review.
US Bank Business. US Bank is currently offering new business customers a $900 signup bonus after opening a new account and meeting certain requirements.
M1 Finance. This is a great robo-advisor that has no fees and allows you to create a customized portfolio based on your risk tolerance. You also get $100 for opening an account.
Empower. One of best free apps you can use to monitor your portfolio and track your net worth. This is one of the apps I use to track my financial accounts.

Feel free to send Kevin a message here.