If you or a loved one has been hurt in a motorcycle accident, you know that too often there is a rush to judgment. Instead of worrying about your health and well-being, there are immediate questions about whether it was your fault or whether you were wearing a helmet.
At Glugeth & Pierguidi, P.C., we stand up for motorcyclists. The New Jersey motorcycle helmet law is only one part of getting you the compensation you deserve from your insurance company and the person who caused your crash. We are here to explain your rights and advocate for your recovery.
Do Motorcyclists Have to Wear Helmets In New Jersey?
New Jersey requires every person who operates or rides as a passenger on a motorcycle to wear a helmet. The statute is not limited to certain age groups or license classes. If you are on a motorcycle in this state, you must wear a helmet.
The law requires helmets approved by the Director of Motor Vehicles. They must have either a neck or chin strap that keeps the helmet securely in place. Helmets also need to be reflectorized on both sides to increase visibility. Novelty helmets or decorative headgear do not satisfy these requirements. If law enforcement stops you and you do not have a compliant helmet, you can face fines and penalties, but the more serious risk is catastrophic injury in a crash.
Safety Rationale for the NJ Helmet Law
Motorcyclists are exposed to more severe injuries than car drivers because they lack the protection of a vehicle frame. A helmet is the single most effective piece of equipment for reducing the risk of fatal head trauma. Studies from the National Highway Traffic Safety Administration show that helmets reduce the risk of head injury by about 67% and the risk of death by about 37%.
The New Jersey legislature made helmet use mandatory because data proves its effectiveness. By requiring reflective surfaces, proper fit, and secured straps, the NJ helmet law aims to ensure that the helmet stays in place during a collision and increases your visibility to drivers.
Understanding New Jersey Motorcycle Helmet Law and PIP
Many people mistakenly believe that after a motorcycle accident, the first step is to turn to their own “personal injury protection” (PIP) insurance. After all, New Jersey is a no-fault state for automobiles, meaning that if you have been in a car accident, no matter who was at fault, you first pursue compensation through your own PIP insurance.
However, New Jersey’s PIP law excludes motorcycles by definition. That means your PIP insurance does not apply when driving or riding a motorcycle. Because of this, if you want compensation beyond your own healthcare insurance, you will likely need to pursue a personal injury lawsuit against the person at fault for the crash. This makes contacting an attorney after a motorcycle accident critical.
Do You Have to Wear a Motorcycle Helmet to Win a Personal Injury Lawsuit?
Your decision to wear or not wear a helmet can directly affect the outcome of a personal injury claim. In New Jersey, you can recover compensation even if you share some responsibility for your injuries under the comparative negligence system. However, suppose you were not wearing a helmet and you suffered head or facial injuries. In that case, an insurance company or defense attorney will argue that your own negligence contributed to the severity of those injuries.
A judge or jury can then reduce your compensation in proportion to the degree of fault assigned to you. For example, if your damages totaled $100,000 but you were found 25 percent at fault for not wearing a helmet, your award could be reduced to $75,000. If you are found more than 50 percent at fault, you cannot recover at all. This makes helmet compliance not only a matter of health and safety but also one of financial protection.
What to Do After a Motorcycle Accident in New Jersey
If you are involved in a motorcycle accident, the steps you take immediately afterward can shape the outcome of your case:
- Seek medical attention right away—even if you believe your injuries are minor;
- Keep your helmet and any protective gear—these can serve as evidence;
- Report the accident to law enforcement—obtain a copy of the police report;
- Document the scene—photograph vehicles, road conditions, and your injuries;
- Don’t post on social media—limit what you share about your accident and with whom you share it with; and
- Contact an attorney—choose one who is experienced in motorcycle accident litigation.
By taking these steps, you protect both your health and your legal rights. The details you gather early on may become critical evidence in proving liability and damages. The sooner you bring us on as your attorney, the sooner we can handle the workload for you. We can gather evidence, communicate with law enforcement, and handle all interactions with insurance companies. That way, you can focus on healing.
Contact Us
At Glugeth & Pierguidi, P.C., we prepare every motorcycle accident case as if it will go to trial. Many law firms avoid litigation and push for quick settlements. We do not. With over two decades of experience and hundreds of millions of dollars recovered for our clients, we know that attention to detail and zealous courtroom strategies produce stronger results.
We examine every factor in your case, from New Jersey motorcycle helmet law compliance to vehicle maintenance records, eyewitness accounts, and expert accident reconstruction. Our loyalty is to your recovery, both medical and financial. If an insurer attempts to use the helmet law against you, we are ready to challenge that position with evidence and arguments grounded in the law.
At Glugeth & Pierguidi, P.C., we are committed to guiding you through the aftermath of a motorcycle accident with precision and determination. If you or a loved one has been injured, we are ready to fight for the compensation you deserve and to stand by you every step of the way. Contact us today.
- Resources:
- Contributory negligence. N.J. Stat. Ann. § 2A:15-5.1, link.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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