Can I File an NJ Motorcycle Accident Claim if I Wasn’t Wearing a Helmet?
Our attorneys have over seven
decades combined experience.
In New Jersey, motorcyclists are required by law to wear a DOT-approved helmet. Motorcyclists are also required to wear eye protection including glasses, goggles or a shield, a sturdy, long-sleeved, abrasion-resistant jacket, sturdy, over the ankle boots, well-fitting and abrasion-resistant pants, and gloves.
Riding without a helmet increases your risk of death by a significant margin, and so we would never suggest that our clients should ride without helmets. Yet it happens all the time, and accident victims still ask if they can make a personal injury claim.
The answer is “yes,” but you might not be able to recover as much money as someone who took all available precautions could.
New Jersey is a comparative negligence state.
Comparative negligence describes the degree of fault each individual brings to the accident.
Under New Jersey Law the award that you would have received had the percentage of the other party’s negligence been 100% can be reduced by the percentage of negligence the court finds you to have contributed to the problem of your injuries.
If the lack of a helmet causes the court to declare you 40% negligent, then you can only recover 60% of the total award for your personal injury case.
Sometimes the lack of a helmet is irrelevant to your case. For example, if you only broke your arm and didn’t take any head injuries whatsoever, then your lack of a helmet should not have a major impact on your claim. It can complicate your case a little by playing into stigmas that plague motorcyclists, but that is where your personal injury attorney comes in. A good attorney can ensure that the issue does not get derailed while you are pursuing your claim.
If you weren’t wearing a helmet, you need a New Jersey personal injury lawyer more than ever.
If the other driver was negligent then that driver was negligent, regardless of whether or not you were wearing a helmet. You will still need personal injury funds to help you pay hospital bills and other expenses while you recover from injuries.
If your loved one died in a motorcycle accident and was not wearing a helmet you’ll still suffer impact from the loss. You still should explore the possibility of pursuing a wrongful death suit. You’ll need help recovering those funds.
If you’ve been injured in a motorcycle accident don’t wait to find an attorney. Reach out to our office to schedule a free consultation today.
See also:
4 Reasons a Judge Might Dismiss Your NJ Personal Injury Case
Which Personal Injury Cases Go to Trial?
3 Factors That Impact the Value of a New Jersey Personal Injury Claim
Practice Areas
Practice Areas
In New Jersey, motorcyclists are required by law to wear a DOT-approved helmet. Motorcyclists are also required to wear eye protection including glasses, goggles or a shield, a sturdy, long-sleeved, abrasion-resistant jacket, sturdy, over the ankle boots, well-fitting and abrasion-resistant pants, and gloves.
Riding without a helmet increases your risk of death by a significant margin, and so we would never suggest that our clients should ride without helmets. Yet it happens all the time, and accident victims still ask if they can make a personal injury claim.
The answer is “yes,” but you might not be able to recover as much money as someone who took all available precautions could.
New Jersey is a comparative negligence state.
Comparative negligence describes the degree of fault each individual brings to the accident.
Under New Jersey Law the award that you would have received had the percentage of the other party’s negligence been 100% can be reduced by the percentage of negligence the court finds you to have contributed to the problem of your injuries.
If the lack of a helmet causes the court to declare you 40% negligent, then you can only recover 60% of the total award for your personal injury case.
Sometimes the lack of a helmet is irrelevant to your case. For example, if you only broke your arm and didn’t take any head injuries whatsoever, then your lack of a helmet should not have a major impact on your claim. It can complicate your case a little by playing into stigmas that plague motorcyclists, but that is where your personal injury attorney comes in. A good attorney can ensure that the issue does not get derailed while you are pursuing your claim.
If you weren’t wearing a helmet, you need a New Jersey personal injury lawyer more than ever.
If the other driver was negligent then that driver was negligent, regardless of whether or not you were wearing a helmet. You will still need personal injury funds to help you pay hospital bills and other expenses while you recover from injuries.
If your loved one died in a motorcycle accident and was not wearing a helmet you’ll still suffer impact from the loss. You still should explore the possibility of pursuing a wrongful death suit. You’ll need help recovering those funds.
If you’ve been injured in a motorcycle accident don’t wait to find an attorney. Reach out to our office to schedule a free consultation today.
See also:
4 Reasons a Judge Might Dismiss Your NJ Personal Injury Case
Which Personal Injury Cases Go to Trial?
3 Factors That Impact the Value of a New Jersey Personal Injury Claim