Can You Still Recover Compensation for Your Losses in New Jersey?
Under New Jersey law, if you are operating a motorcycle on New Jersey roads or riding as a passenger on a bike, you must wear a properly fitting helmet approved for use by the federal Department of Transportation. The helmet must have either a neck or chin strap and must have reflective tape or similar markings on both sides. What if you’re out on the road without a helmet and you’re hurt in an accident caused entirely by the wrongful act of another motorist? Will you be prohibited from seeking compensation for your losses because you weren’t wearing a helmet?
How the Failure to Wear a Helmet Affects a Motorcycle Accident Injury Claim in New Jersey
Though you can always file a personal injury claim against another person who intentionally caused you harm, as a practical matter, most personal injury claims in New Jersey are based on allegations of negligence. To establish negligence, you need to prove that:
- The defendant (person from whom you seek compensation) failed to act reasonably;
- The defendants failure to act reasonably caused an accident; and
- You suffered actual losses (injuries, etc.) as a result of the accident.
The fact that you were not wearing a helmet will not automatically disqualify you from seeking and recovering damages. Instead, the jury will attempt to determine what caused the accident—was it the wrongful act of the defendant or was it some type of carelessness or negligence on your part. While the fact that you were not wearing a helmet may have contributed to the severity of your injuries, it did not actually cause the crash or your injuries. The jury may conclude, though, that your injuries would not have been as severe if you had been wearing a helmet. Accordingly, if they determine that the accident itself was caused by the defendant’s negligence or carelessness, they will likely rule in your favor. However, if they determine that your injuries would not have been as severe if you had been wearing a helmet, they may reduce your damage award.
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal accident injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
