In recent years, many Americans have adopted a motorcycle as their primary mode of transportation. Motorcycling can be cheaper for many commuters when compared to driving a car.
However, motorcyclists are at higher risk for injury if involved in a collision. Are you considering purchasing a motorcycle? You may wonder whether there is a New Jersey motorcycle helmet law.
Read on to learn more about the motorcycle helmet law in New Jersey and how it can affect your case if you suffer injuries in an accident.
If you have questions, please contact the New Jersey motorcycle accident lawyers at Wiley Lavender Maknoor, PC today.
Does New Jersey Have a Motorcycle Helmet Law?
New Jersey law requires all motorcyclists to wear a helmet at all times. Additionally, the helmet must be approved by the Department of Transportation.
Some people believe that since they ride a scooter or a moped, the helmet law does not apply to them. However, this is incorrect. The motorcycle helmet law in New Jersey applies to riders of the following:
- Bicycles with a motor attached, and
- Motor-operated vehicles of the bicycle or tricycle type.
Riders of all ages have to wear helmets in New Jersey, including riders who are over the age of 18.
What Happens in an Accident If I Don’t Wear a Helmet?
If you were in a motorcycle accident and were not wearing a helmet, that can affect how much compensation you are eligible to receive. New Jersey is a modified comparative fault state.
Modified comparative fault means that if a victim is partially at fault for their accident, they might still be able to recover at least some compensation.
In New Jersey, you can still recover monetary compensation if a court determines you are less than 51% responsible for your accident or injuries. However, your compensation will be reduced by your percentage of fault.
It’s vital to speak to an attorney immediately following a motorcycle accident to analyze what factors may affect your case.
If you were not wearing a helmet, the other party’s insurance company or attorney will probably argue that you were at least partially at fault for your injuries so that they can pay you less compensation.
An experienced motorcycle accident attorney can negotiate on your behalf so that your right to compensation is protected.
You still deserve to recover compensation for your injuries, and your attorney will work to maximize your financial recovery even if you made a mistake and failed to wear a motorcycle helmet.
Is There a Statute of Limitations for Motorcycle Accident Claims?
Motorcycle accidents fall under the umbrella of personal injury claims. New Jersey provides a two-year statute of limitations for personal injury claims.
To seek recovery for your injuries in a motorcycle accident, you must file your lawsuit within two years from the date of the accident.
You should still comply with this filing deadline even if you expect negotiations with the insurance company to be successful.
While two years may seem like a long time, filing a lawsuit requires your attorney to undertake a thorough, independent investigation of your accident, evaluate your injuries and prognosis, and gather evidence to support your claim.
That’s why you should contact an attorney as soon as possible after you’ve been in a motorcycle accident.
Contact a Motorcycle Accident Lawyer in New Jersey Today
Wiley Lavender Maknoor, PC, has helped people throughout New Jersey get the compensation they deserve after an injury.
If you suffered injuries while riding your motorcycle, you need an experienced motorcycle accident attorney that can guide you through the claims process and effectively advocate for you every step of the way.
We have helped our clients recover hundreds of thousands of dollars for their injuries, and we can help you fight for the compensation you need to get your life back on track.
Contact the legal team at Wiley Lavender Maknoor, PC, to schedule a free consultation and find out how we can help you.