Bikes and motorcycles are common on roads around New Jersey, and everyone should wear a helmet. Helmets are almost always required for those riding bikes or motorcycles, and failing to comply with helmet laws could affect a lawsuit after an accident on the road.
Helmets are generally required for all motorcycle riders and for bike riders under 17. Not just any helmet will do; you should check whether your helmet meets the safety criteria set by the American National Standards Institute. If you are injured in an accident, the lack of a helmet could lead the defendant in your case to accuse you of contributing to your own injuries. If the court agrees, your damages may be reduced, possibly significantly.
Contact our New Jersey motorcycle accident lawyers for a free case review by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
Are Helmets Legally Required for Bikes and Motorcycles?
Helmets are not just encouraged; they are required in most circumstances. If you are planning to ride your bike or motorcycle in New Jersey, you should be aware of the state’s helmet laws.
Motorcycle Helmet Laws
Motorcycle helmets are required anytime a person operates a motorcycle or rides one as a passenger. There are almost no circumstances under which you may ride a motorcycle on a public road or highway without a helmet. However, the law also states that points will not be assessed against your license for failing to wear a helmet.
Bike Helmet Requirements
Helmets are also legally required for bicycle rides in New Jersey, although there are some exceptions. Generally, all bike riders under 17 are required to wear a helmet when riding on a public road. However, riders 17 and older, or those riding on private property, do not have to wear a helmet. Even so, helmets are strongly encouraged for all bicycle riders.
What Helmet Do I Need?
Not just any helmet will do. You need a helmet that meets specific safety standards. For example, motorcycle helmets must have a neck or chin strap and be reflectorized to improve visibility. When buying a helmet, a reputable retailer should be able to help you choose a helmet that meets these standards.
What Happens to My Claims if I Did Not Wear a Helmet During an Accident?
If you did not wear a helmet when you were injured in a bike or motorcycle accident, talk to your attorney immediately about what this could mean for your legal case.
You May Still Recover Compensation
If you were not wearing a helmet when you were injured in an accident, you may still be able to recover damages from the at-fault driver. However, the at-fault driver may argue that your lack of a helmet made your injuries worse, and the court could reduce your compensation in proportion to your share of fault for your injuries.
When You Are Barred from Recovery
In New Jersey, plaintiffs who contribute to the accident or their injuries may be barred from recovery any damages if their share of fault exceeds that of the defendant. Put another way, if your failure to wear a helmet is responsible for more than 50% of your injuries, you may not recover any compensation.
Is the Absence of a Helmet Always Important?
Failing to wear a helmet might not be used against you in every instance of an accident. Helmets are designed to protect only your head. If you sustain serious head injuries, the lack of a helmet will likely be a serious issue in the case. However, if you did not injure your head but instead broke both your legs, our motorcycle accident attorneys may argue that whether you were wearing a helmet is not very important.
FAQs About How Helmet Laws Affect Bicycle and Motorcycle Accidents in NJ
Do I Have to Wear a Helmet When Riding a Motorcycle or Bicycle in NJ?
You are legally required to always wear a helmet when operating a motorcycle or riding as a passenger. Bike riders are also always required to wear a helmet if they are younger than 17.
When Are Motorcycle or Bike Helmets Not Required?
For bike riders, helmets are not required by law if the rider is 17 or older or riding on private property. Helmets are always required when operating a motorcycle or riding as a passenger.
Can I Still Sue if I Was Not Wearing a Helmet During a Bike or Motorcycle Accident?
Yes. If you were injured in a crash and want to sue the person responsible, you may do so even if you were not wearing a helmet as required by law.
What Happens in an Accident Case if I Did Not Wear a Helmet?
If you were not wearing a helmet, the defendant in your case may argue that your lack of a helmet contributed to your injuries. If the court agrees with them, your overall damages may be reduced.
What Kind of Helmet Do I Need When Riding a Bike or Motorcycle?
You must have a helmet that meets specific safety criteria set by the American National Standards Institute. If you are unsure, a reputable retailer of bike and motorcycle gear can help you select a helmet.
How Important is a Helmet in a Bike or Motorcycle Accident Lawsuit?
A helmet may only be important to a lawsuit if your injuries are affected by the lack of a helmet. For example, if you have serious head injuries, the helmet is a crucial piece of the puzzle. If your injuries have nothing to do with your head, a helmet likely would have made no difference.
Get a Free Case Review from Our Motorcycle Accident Attorneys
Contact our New Jersey personal injury attorneys for a free case evaluation by calling Agrapidis & Maroules, P.C. at (201) 777-1111.