New Jersey’s Motorcycle Helmet Law

New Jersey’s motorcycle helmet law states that anyone who is operating a motorcycle or traveling on one as a passenger must wear a helmet. The law further goes on to say that a motorcycle must not be used unless the operator has a properly sized helmet that is securely fitted. The helmet must also be approved, have a chin or neck strap and must have reflectors on both sides.

If you are involved in a motorcycle accident and you are not wearing a helmet, your traffic citation will not be the only thing you have to worry about. This is the case if you wish to make a personal injury claim against the at-fault driver who hit you. This is because New Jersey uses a comparative negligence rule. This rule is brought into effect when the injured party is also considered to be negligent, in that they were not wearing a helmet.

The jury may decide that you were partly responsible for your injuries because you failed to wear a helmet. If this is the case, any settlement that you would have received will be reduced by the percentage of fault that the jury assigns to you.

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Let’s imagine that David was riding his motorcycle and he was not wearing a helmet. Raymond was speeding and did not see David come onto the highway. Raymond hit David, causing him to fall off his motorcycle and sustain a few injuries. As David was not wearing a helmet, the jury could say that he was 20% responsible for his injuries, for example. David’s compensation will then be reduced by 20%, and he will, therefore, receive less than he may have hoped.

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2018-12-11T11:36:07+00:00By : b6njx | Category : Motorcycle Accident Personal Injury