Motorcycle accidents often lead to serious injuries because riders lack the physical protection that passengers in cars and trucks have. For this reason, New Jersey law requires all motorcycle operators and passengers to wear approved protective helmets at all times. This requirement applies regardless of the rider’s age, experience level, or type of motorcycle.
Helmet laws are intended to reduce the risk of head and brain injuries, but they also play a role in how motorcycle accident injury claims are evaluated. At Mallon and Tranger, we represent injured motorcyclists throughout New Jersey and help them understand how helmet use, or lack of helmet use, may affect their ability to recover compensation after an accident.
Failing to wear a helmet does not automatically prevent an injured motorcyclist from filing a personal injury claim in New Jersey. If another driver caused the crash, that driver may still be held legally responsible for the accident and resulting injuries.
However, helmet use can become a point of contention during the claims process. Insurance companies often attempt to use helmet law violations to argue that the rider contributed to their own injuries. While this argument may affect the value of a claim, it does not eliminate the right to pursue compensation.
New Jersey follows a modified comparative negligence system. Under this rule, an injured person can recover compensation as long as they are not more than 50 percent at fault for the accident. If a rider is found partially responsible, their compensation may be reduced by their percentage of fault.
In motorcycle accident cases, insurers may argue that not wearing a helmet increased the severity of injuries. This argument is typically focused on damages rather than liability for causing the crash. Even if a rider violated helmet laws, the primary issue remains whether another party’s negligence caused the accident in the first place.
Insurance companies often scrutinize helmet use closely when handling motorcycle accident claims. Even when a motorist clearly caused the collision, insurers may attempt to shift attention to the rider’s conduct in order to reduce payouts.
Common insurance arguments related to helmet use include:
These arguments are frequently used to pressure injured riders into accepting lower settlements than their cases are worth.
Helmet laws are most often discussed in cases involving head injuries or traumatic brain injuries. Medical experts may be asked to evaluate whether a helmet would have prevented or reduced the severity of a specific injury.
Even in these cases, a negligent driver cannot avoid responsibility for causing the crash. A driver who failed to yield, was distracted, or violated traffic laws may still be liable for the accident. Helmet use does not excuse reckless or careless driving by others.
Wearing a helmet does not guarantee protection from serious injury. Many motorcycle accidents involve high-impact collisions that cause injuries to the spine, chest, legs, and internal organs. Helmets are designed to reduce the risk of head injuries, not eliminate all harm.
If you were wearing a helmet at the time of the crash, this can help counter arguments that your injuries were self-inflicted. Documentation showing proper helmet use can strengthen your claim and limit attempts by insurers to reduce compensation.
Motorcyclists often face unfair bias during the claims process. Riders are sometimes portrayed as reckless or aggressive, even when they obey traffic laws and ride responsibly. This bias can influence how insurance companies evaluate fault and damages.
Helmet law arguments are sometimes combined with this bias to further diminish claims. Having an attorney who understands these tactics is critical to protecting your rights as an injured motorcyclist.
What you do after a motorcycle accident can have a significant impact on your health and your legal claim. Taking prompt and careful action helps preserve evidence and strengthens your case.
Important steps include:
Following these steps can help protect you from unfair blame related to helmet use or other issues.
Most motorcycle accident cases are resolved through settlement rather than trial. During negotiations, insurers may raise helmet law issues to justify lower offers. Strong evidence and legal advocacy can counter these tactics.
An experienced attorney can refocus negotiations on the true cause of the accident and the full extent of your injuries, rather than allowing helmet use to dominate the discussion.
Motorcycle accident claims require an understanding of traffic laws, insurance practices, and the unique challenges riders face. At Mallon and Tranger, our motorcycle accident attorneys work to prevent insurers from unfairly reducing compensation based on helmet law arguments.
We represent injured motorcyclists throughout New Jersey and are committed to holding negligent drivers accountable for the harm they cause.
Motorcycle accident injuries can have lasting physical, emotional, and financial effects. Helmet laws should not prevent you from seeking fair compensation when another party caused your injuries.
If you were injured in a motorcycle accident in New Jersey, Mallon and Tranger is here to help. Contact us today to discuss your case and learn how we can help protect your rights and pursue the compensation you deserve.
