Motorcycle accidents can be particularly devastating due to the exposed nature of riders, often resulting in severe injuries and even fatalities. In New Jersey, like in many other states, wearing a helmet while riding a motorcycle is not just a safety measure—it’s the law. However, some riders choose to forego helmets, whether for comfort, style, or personal preference. If you’re involved in a motorcycle accident without wearing a helmet, you might wonder how this decision could affect your ability to file a claim and recover compensation for your injuries.
Riding without a helmet in New Jersey can complicate a motorcycle accident claim, particularly when it comes to proving negligence and securing full compensation. Understanding how New Jersey’s laws and how they apply in these situations is important when considering legal action after an accident. This article will explore the impact of riding without a helmet on a motorcycle accident claim, the relevant laws in New Jersey, and what you need to know to protect your rights.
If you’ve been involved in a motorcycle accident and need legal help, the NJ motorcycle accident lawyers at Brandon J. Broderick, Attorney at Law are here to help.
The Importance of Helmets in Motorcycle Accidents
Motorcycle Accidents in New Jersey
Motorcycle accidents happen frequently in New Jersey. According to NJ.com, there have been 33 fatalities in motorcycle accidents in 2024 thus far and numerous injuries. Motorcyclists are significantly more vulnerable on the road compared to drivers of cars and trucks, as they lack the protective barriers that other vehicles provide. This vulnerability makes helmets a critical piece of safety equipment that riders should be wearing.
Wearing a helmet reduces the risk of severe head injuries, which are among the most common and deadly injuries in motorcycle crashes. The National Highway Traffic Safety Administration (NHTSA) estimates that helmets are about 37% effective in preventing motorcycle deaths and about 67% effective in preventing brain injuries. Despite these statistics, some riders choose to ride without helmets, increasing their risk of injury and complicating potential legal claims.
New Jersey Helmet Laws
New Jersey has strict helmet laws for motorcycle riders. Under New Jersey Statutes Title 39:3-76.7, all motorcycle operators and passengers are required to wear a helmet that meets federal safety standards. The helmet must be securely fastened and must have a chin or neck strap to keep it in place during a crash. Additionally, the helmet must have reflective material on both sides for visibility.
Failure to wear a helmet not only violates the law but also can have significant legal repercussions in the event of an accident. Even though not wearing a helmet doesn’t automatically bar you from filing a personal injury claim, it can influence the outcome of your case and the amount of compensation you may receive.
How Riding Without a Helmet Affects Your Motorcycle Accident Claim
Comparative Negligence in New Jersey
New Jersey follows a “modified comparative negligence” rule when determining fault in personal injury cases, including motorcycle accidents. Under this rule, if you are at fault for the accident, even partially, your compensation will be reduced by your percentage of fault you are assigned. So, for example, if you are found to be 10% at fault for an accident and are awarded $100,000 in damages, your compensation would be reduced by 10%, leaving you with $90,000.
Riding without a helmet can be considered a form of negligence, especially if your injuries are head-related. If the insurance company or court determines that your decision to ride without a helmet contributed to the severity of your injuries, they may assign you a percentage of fault. This could significantly reduce the amount of compensation you receive.
Proving Negligence and Causation
In a motorcycle accident claim, you must prove that another party’s negligence caused the accident and your injuries. If you weren’t wearing a helmet, the defense may argue that your injuries would have been less severe or even prevented had you been wearing one. This argument can complicate your case, especially if the injuries are to the head or neck.
However, it’s important to note that New Jersey law does not automatically bar recovery if you weren’t wearing a helmet. The key issue is whether your lack of a helmet directly contributed to the injuries you are claiming. For example, if you suffered a leg injury in the accident, the fact that you weren’t wearing a helmet may not significantly impact your claim. On the other hand, if you sustained a traumatic brain injury, the defense will likely argue that your failure to wear a helmet exacerbated your injuries.
Insurance Companies and Helmet Use
Insurance companies are often quick to use the lack of helmet use as a reason to minimize or deny claims. They may argue that your decision not to wear a helmet constitutes negligence on your part, thereby reducing their liability. It’s important to have strong legal representation to counter these arguments and demonstrate that the other party’s negligence was the primary cause of the accident and your injuries.
Your attorney can help gather evidence, such as witness statements, accident reports, and medical records, to build a strong case that supports your claim for compensation, regardless of whether you were wearing a helmet.
Call Brandon J. Broderick For Legal Help
Navigating NJ motorcycle accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.