New Jersey Motorcycle Helmet Laws
Motorcycle enthusiasts love to ride because of the sense of freedom on the road. There is nothing quite like riding down the highway with the wind in your face and your bike’s motor humming beneath you. However, motorcycles can be very dangerous if the proper safety precautions are not taken. In the interest of protecting motorcycle riders, the State of New Jersey has imposed legal requirements for helmets and safety gear.
In New Jersey, motorcycle riders must not only wear a helmet, but they must wear specific types of helmets that cover most of the rider’s head. If you decide to ride your motorcycle without a helmet, you may be pulled over and cited for failure to wear a helmet. However, if you are in an accident on your motorcycle and not wearing a helmet, there may be civil consequences if you choose to file a personal injury lawsuit against another driver.
You should speak with a qualified lawyer if you were involved in a motorcycle accident, with or without a helmet. Our New Jersey motorcycle accident attorney can help you through the legal process of filing a lawsuit while you recover from your injuries. Call Jerry Friedman at 1-800-529-4464 to schedule a free and confidential legal consultation about your case.
New Jersey Helmet Requirements for Motorcycle Riders
When selecting a helmet for a motorcycle rider in New Jersey, not just any helmet will do. New Jersey has strict laws that require motorcyclists to wear helmets while operating their vehicles. Helmets must be of a size and type that are approved by law. Approved helmets will cover more of your head than an ordinary bike helmet and may even shield portions of your face.
According to N.J.S.A. § 39:3-76.7, there are three types or sizes of approved motorcycle helmets in New Jersey. A helmet must cover either one-half, three-quarters, or the entire face. A helmet covering one-half or three-quarters will cover the top and sides of your head. A full-face covering helmet covers your entire head, including your face with a visor. An approved helmet must have a secure chin strap and be reflectorized on both sides to increase rider visibility.
In addition to wearing helmets, there is other protective gear that is beneficial for motorcyclists to own. It is recommended that bikers wear eye protection, like goggles or glasses, when operating their motorcycles. Affixing a clear shield to the front of your motorcycle can prevent debris from the road from obscuring your vision while riding. A durable jacket is also recommended to avoid scrapes or bruises in case of a crash. Gloves and sturdy boots are preferred to protect your extremities. Operating a motorcycle can be dangerous, so it is important to shield your body with various means of protection. Helmets, however, are of the utmost importance to wear. Helmets can prevent serious head injuries in the event of a motorcycle accident in New Jersey. Motorcycles themselves offer little protection to riders, so it is crucial to protect yourself in any way you can.
It is important to have a helmet that is in good condition and will be strong enough to protect you in a motorcycle accident. You should avoid buying used helmets as severe damage to the helmet’s structural integrity may not be visible. If you were involved in a motorcycle accident, contact our Atlantic City motorcycle accident lawyer for assistance with your case.
Penalties for Riding Without a Motorcycle Helmet in New Jersey
If you ride your motorcycle without a helmet, there could be criminal penalties as well as civil consequences. The criminal penalties may involve being stopped and ticketed by the police. However, the civil consequences are not direct penalties but may have a negative impact on your personal injury lawsuit if you choose to file one.
Tickets and Fines
If you are riding your motorcycle without a helmet, you could be stopped and ticketed by the police in the same way they might ticket you for driving a car without a seatbelt. The ticket is usually just a relatively small fine and there is no jail time or any other serious criminal consequences. However, this does not mean that it is okay to ride without a motorcycle helmet. A helmet could mean be the only thing standing between you and serious injuries or even death.
Difficulty Recovering Damages
If you are involved in a motorcycle accident while not wearing a helmet, there may be some collateral consequences in a civil personal injury lawsuit. In New Jersey, comparative negligence might play a part in a motorcycle accident lawsuit. Even if another driver is responsible for the accident that caused your injuries, you may have a weaker case if you neglected to wear a helmet.
Your opponent may argue that you exacerbated your own injuries because you did not take the required preventive safety measures of wearing a helmet. If your opponent can successfully demonstrate that you were partially responsible for the extent of your injuries, your damages may be reduced. It is against the law to not wear a helmet when operating a motorcycle in New Jersey, so failure to do so could make you partially negligent for your injuries. This can prevent you from receiving the compensation you deserve after a motorcycle accident in New Jersey.
Impacted Quality of Life
Perhaps the most profound penalty for failure to wear a motorcycle helmet in New Jersey is the effect on your life. Unlike with cars, there is little to no protection from motorcycles. If you are a victim of a motorcycle accident and did not have on a helmet at the time, you could sustain a serious head injury. These types of injuries can affect your quality of life in negative ways. Certain head injuries can make you lose your ability to work. They can take away your independence and may possibly result in death. Wearing a helmet is important for a multitude of reasons, but your safety is paramount.
Whether or not you were wearing a helmet, you should speak with an attorney about your accident to determine if you have a valid personal injury claim. Speak with our Camden motorcycle accident attorney today.
How to Know Whether Your Motorcycle Helmet Will Protect You
Although there are motorcycle helmet laws in New Jersey, not all riders may know about them. After all, laws change, and longtime motorcyclists may be unaware that they must now wear a helmet while operating their bikes. Even with the guidelines listed above, you might not know if your current motorcycle helmet will meet the New Jersey requirements.
Even if you disagree with mandatory helmets, the law is clear: all bikers must wear them when riding their motorcycle. Not only will you be breaking the law if you refuse to wear one, but you will be risking your own safety. If you have an old helmet in your garage, that might not do the trick. The U.S. Department of Transportation (DOT) is very clear about the requirements for approved motorcycle helmets. If you need further guidance, you can visit the department’s website.
DOT-approved helmets should have stickers that identify them. That is the best way to know whether or not your motorcycle helmet meets New Jersey’s standards. An average bike helmet or a stylish motorcycle helmet may not meet the requirements. It is important to wear a DOT-approved helmet, specifically, or you could face fines or difficulties recovering compensation after a motorcycle accident.
To help discern whether your current motorcycle helmet is approved, you can ask a knowledgeable lawyer. Since 1977, New Jersey motorcycle accident attorney Jerry Friedman has helped his neighbors recover damages after being injured in a motorcycle accident. An avid biker himself and an experienced lawyer, Jerry understands the importance of wearing a motorcycle helmet at all times. Non-approved helmets may not properly protect you from impact and allow for serious head injuries that could otherwise be avoidable.
How to Prevent Motorcycle Accidents when Wearing a Helmet in New Jersey
Simply wearing a helmet does not reduce the likelihood of a motorcycle accident in New Jersey, just the chance that you might sustain a serious head injury. Other injuries can be just as damaging and require significant medical treatment. Knowing how to avoid collisions when possible can help keep motorcyclists safe, even if they are wearing the proper protective headgear.
Wear Protective Gear
In addition to helmets, it is also important to wear other protective gear when operating a motorcycle in New Jersey. Your head is not the only part of your body that could be damaged in a motorcycle accident. While you cannot make other drivers act responsibly, you can do everything in your power to protect yourself from injury. Wearing a DOT-approved helmet that covers your entire face, as well as gloves, pants, boots, and a jacket, is wise.
Stay Alert
While it is always important to remain aware of your surroundings when operating a vehicle of any kind, it is doubly so when riding a motorcycle. Motorcycles are relatively small compared to passenger cars or trucks, making them common targets of others’ negligence. Motorcycles are quick and easy to miss when driving a passenger car. Staying alert at all times can help prevent unnecessary collisions. While you might be wearing a DOT-approved helmet, other extremities are vulnerable to injury in a motorcycle accident. It is important to be aware of your surroundings and stay present when riding your motorcycle in New Jersey.
Follow the Speed Limit
Speed limits exist in New Jersey for a reason. Motorcycles are fast, and their small size allows riders to speed up quickly. However, riding over the speed limit can cause otherwise avoidable accidents. Riding with the flow of traffic and following the speed limit can help you retain control over your vehicle and prevent potential accidents. Wearing a helmet does not make you impervious to injury. Helmets protect your head, but only to an extent. It is very important to follow the speed limit and not drive too fast. Otherwise, you might be unable to slow down or avoid an oncoming vehicle.
Stay in Your Lane
Motorcyclists might be tempted to bob and weave in between traffic. That is not recommended because it can be very dangerous and result in a damaging accident. Motorcycles are small, and other drivers might not see them at a glance in their rearview or side mirrors. If you are bobbing and weaving in between lanes to avoid traffic, another driver may hit you as they change lanes. When riding your motorcycle, it is important to switch lanes as responsibly as you would when driving a car. Make sure you have ample space and time before you do so. If there is a high volume of traffic, bobbing and weaving can be even more dangerous. A helmet cannot protect your entire body should you and your bike get hit while changing lanes in New Jersey.
Avoid Unpaved Roads
Although your motorcycle may seem like a mighty machine, it cannot withstand as much debris as cars can. Motorcycles run on just two wheels, making them vulnerable to treacherous unpaved roads. There are many areas of New Jersey, especially wooded ones, where roads are remote and less kept. Avoiding unpaved roads can help you stay safe when operating your motorcycle. Other drivers do not frequent some unpaved roads. If you get injured in a remote area, it may be some time before you receive the help you need. If you are not wearing a helmet at the time of the accident, it could be incredibly damaging. As a rule, try to stay on paved roads while riding your motorcycle in New Jersey.
Do Not Tailgate
Keeping a safe distance between your motorcycle and other cars is important while riding in New Jersey. Tailgating, or riding too close to the car in front of you, can result in an otherwise avoidable accident. This is an easy habit to adopt to protect yourself while operating your motorcycle in New Jersey. If you are not wearing a helmet or protective gear and the car in front of you makes a sudden stop, you could be severely injured. It is important to refrain from tailgating to avoid head injuries and other injuries while riding your motorcycle.
Be Cautious at Intersections
Many New Jersey motorcycle accidents occur at intersections. Motorcycles can be difficult for drivers to spot, especially at night. When coming to a stop at an intersection, you might be hit from the side or behind by negligent drivers who are not paying attention. Being cautious at intersections can help you avoid an unnecessary collision. The force from impact could send you into traffic, which is dangerous even if you are wearing a helmet. After all, intersections are where several lanes of traffic meet, making them dangerous zones for motorcyclists.
Get Trained
According to the New Jersey Division of Highway Traffic Safety, 90% of riders involved in motorcycle accidents have not been trained to operate a motorcycle. Without any formal training, riders may not know of the New Jersey helmet laws. Enrolling in a training program can help riders learn motorcycle safety and how to avoid unnecessary collisions. There are state-endorsed training programs that are available to longtime riders and inexperienced riders alike. Attending a training program can help you learn how to avoid accidents and how to ensure your safety in the event of a collision.
Be Responsible
Responsible riding is crucial. Riding while impaired, whether due to alcohol use or lack of sleep, can result in dangerous motorcycle accidents. Remember, to be a responsible motorcyclist, you should do whatever you can to reduce your chances of being injured in an accident. While you cannot control the actions of others, you can control your own decisions. Operating a motorcycle when impaired could result in serious injury to you or others. While wearing protective gear, like helmets, is always important when riding a motorcycle in New Jersey, it is also necessary to be responsible in other ways.
How Failure to Wear a Motorcycle Helmet Can Affect a Lawsuit in New Jersey
Being injured in a motorcycle accident due to the negligence of another driver can be incredibly damaging. Even when wearing a helmet, the injuries sustained in a motorcycle accident can be severe. Afterward, victims need to gain access to compensation to help them heal physically, emotionally, and financially. However, if you failed to wear a helmet at the time of an accident, you may not be able to receive sufficient damages.
N.J.S.A § 2A:15-5.1 explains the concept of comparative negligence concerning the recovery of damages. Comparative negligence occurs when an injured party is partially to blame for the severity of their injuries or the existence of their injuries. In New Jersey, it is illegal to refrain from wearing a DOT-approved helmet when riding a motorcycle. Even if another driver’s negligent actions caused an accident, without doubt, comparative negligence might come into play during a lawsuit. If a motorcyclist did not wear a DOT-approved helmet at the time of the crash, their potential damages might be reduced. The thought process is thus: perhaps a victim’s injuries would have been less severe had they followed the law and wore appropriate headgear.
Learning this in the course of a lawsuit against a negligent driver can be very demoralizing for victims. Not knowing about the existence of New Jersey’s motorcycle helmet laws does not absolve you from comparative negligence reducing your damages. Of course, a dedicated lawyer, like New Jersey motorcycle accident attorney Jerry Friedman, will still fight to get you the compensation you deserve. However, your awarded damages might be reduced if you did not wear a helmet at the time of the accident.
Injuries, whether to the head or body, from motorcycle accidents, can be incredibly expensive. The immediate medical bills and cost of ensuing care can cause financial difficulties for victims. Lost wages can also affect a victim’s finances and their ability to recover. Wearing a helmet at all times can help you prevent comparative negligence laws reducing your compensation in a lawsuit against a negligent driver in New Jersey.
Failure to Wear Motorcycle Helmets and Insurance Payouts in New Jersey
In New Jersey, insurance laws regarding motorcycle accidents can be complicated. If you fail to wear a helmet, insurance companies might deny your claim for compensation. Because of New Jersey’s no-fault insurance laws, recovering compensation from an insurance company after a motorcycle accident can become much more difficult if you did not wear a DOT-approved helmet at the time of the collision.
In New Jersey, motorcycles are excluded from personal injury protection insurance (PIP) coverage. New Jersey is a no-fault state, meaning that accident victims seek compensation through their own insurance coverage, regardless of who is at fault for a collision. The purpose is to reduce the need for civil lawsuits, although severely injured victims may still sue a negligent driver, depending on the extent of their injuries.
Unfortunately for New Jersey motorcyclists, PIP insurance does not cover injuries sustained in a motorcycle accident. That means that bikers must resort to filing a claim with their own medical insurance or seek compensation via a lawsuit. The same rules of comparative negligence still apply, however. If you want to avoid legal action, you might file a claim with a negligent driver’s liability insurance or your own health insurance. Depending on whether or not you were wearing a helmet at the time of the collision, your claim may be denied.
It can be difficult to receive compensation through an insurance company after a motorcycle accident in New Jersey. The process is only made harder if you failed to wear a helmet. Unfortunately, the same reasons why your claim might be denied or delayed can also affect the amount of compensation you might receive in a lawsuit. No matter what, it is always necessary to wear a motorcycle helmet in New Jersey. Not only can it protect you from serious head injuries, but it can also make receiving compensation simpler.
Why Helmets are Necessary for Motorcycle Rider Protection in New Jersey
As stated throughout this post, helmets are vital for rider safety. A sturdy helmet that complies with New Jersey legal requirements can help you survive a severe motorcycle accident. Motorcycle riders are in a uniquely dangerous position because they are totally exposed to the open air while riding. This exposure means it is easier for a rider to be thrown from their motorcycle if they collide with another vehicle or lose control of their own.
Head injuries can cause death or severely alter your quality of life. Wearing a DOT-approved helmet at all times is important when riding a motorcycle in New Jersey. The sheer force of impact might dislodge you from your motorcycle and result in serious head injuries. Head injuries can still happen if your helmet is old or worn out. Investing in an approved, durable helmet can protect you from injury.
A motorcycle rider risks being thrown from their bike or even dragged by their bike across the rough pavement. Depending on how fast you were going or how hard another vehicle hit you, you may be at risk for incredibly serious injuries. A helmet is necessary to protect your head and face in such a severe accident. Without a helmet, traumatic head and brain injuries have been known to occur. Many riders never fully recover from such injuries and may spend the rest of their lives dealing with the fallout from a single accident.
Helmets are also necessary because other drivers on the road frequently miss motorcycle riders. Although they are powerful and dangerous vehicles, motorcycles are smaller compared to other cars and trucks on the road. Other drivers may not always see motorcycle riders because they are more easily missed and may blend in with a driver’s blind spots. Because of this, motorcycle riders may be more vulnerable to accidents even when the rider is obeying all traffic and safety regulations. If you were struck by another vehicle while on your motorcycle, call our Cherry Hill motorcycle accident lawyer for assistance.
Types of Head Injuries for Failure to Wear a Motorcycle Accident in New Jersey
Head injuries are some of the most damaging and common injuries a motorcycle accident victim can sustain. Wearing a helmet in New Jersey is important to avoid these types of injuries. They range from inconvenient to life-altering. Taking the chance on your health and life by refusing to wear a DOT-approved motorcycle helmet is not worth it.
A concussion is among the least severe head injuries a New Jersey motorcycle accident victim can sustain. However, it is still considered a brain injury. Concussions happen when a blow to the head causes the brain and head to move dramatically. A serious concussion can result from your brain hitting your skull during impact. There is no medical treatment for concussions other than time. Recovering from a concussion can prevent motorcycle accident victims from attending work or even watching television. Concussion recoveries can take months. So, even a moderate head injury can be very damaging for motorcycle accident victims.
On the other end of the spectrum, there are very serious brain injuries that motorcycle accident victims can sustain if they fail to wear a DOT-approved helmet. Depending on the severity of the accident, victims might face brain damage or even death. Serious brain injuries may take years to recover from or permanently alter the course of your life. This can affect your ability to work or maintain your daily habits. Victims can lose their independence and possibly their life.
All types of head injuries are dangerous. Your head is your brain’s home, which is the essence of who you are. Damage to that area of the body can be traumatizing in more ways than one. Wearing a helmet while operating a motorcycle in New Jersey is very important to avoid even the mildest head injury.
The Importance of Wearing a Motorcycle Helmet in New Jersey
In theory, it makes sense to wear a motorcycle helmet when operating your vehicle. If you are a biker, you may know of others who have sustained serious head injuries from motorcycle accidents. Still, it can be difficult to understand the importance of this issue. Some motorcyclists are against wearing protective headgear until they or someone they know is injured. Understanding the facts about motorcycle accident head injuries in New Jersey can convince you to wear a helmet at all times.
According to the New Jersey Division of Highway Traffic Safety, motorcyclists are three times more likely to sustain fatal head injuries from an accident when not wearing a helmet, regardless of their speed at the time of the collision. Helmets protect lives in New Jersey and are crucial for motorcyclists to wear.
Each year, there are thousands of motorcycle accidents and fatalities across the country. Even those that survive these dangerous crashes may not recover. Protecting your head and brain can make you more likely to survive a motorcycle accident in New Jersey.
While helmets might not be stylish, wearing one can save your life. Besides, wearing a helmet can improve your chances of receiving adequate compensation in a lawsuit against a negligent driver. If you sustain a traumatic brain injury, you may need significant financial help to pay for hospital costs and lost wages. You can reduce the chance of sustaining a traumatic brain injury by always wearing a DOT-approve helmet when operating a motorcycle in New Jersey. You can also improve your chances of receiving full compensation for your injuries through economic and non-economic damages. Protect yourself and your future by heeding New Jersey’s motorcycle helmet laws and wearing one at all times.
Call Our New Jersey Motorcycle Accident Attorney for Help
If you were injured in a motorcycle accident, regardless of whether you were wearing a helmet, you should reach out to an attorney after receiving medical attention for your injuries. For a free consultation, call Jerry Friedman at 1-800-529-4464.
