Perth Amboy Motorcycle Helmet Laws

The state requires all motorcycle riders and their passengers to wear helmets while a bike is in motion. Failure to wear a helmet carries a penalty of $25 penalty, with an additional fine of $50 to $100 for carrying passengers without helmets. However, failing to wear a helmet can affect your ability to recover financial reimbursement in a personal injury claim. A judge or jury will assess whether your failure to wear a helmet contributed to your injury and, if so, how much.

You may not be able to recover for your injuries if they occurred because you were not wearing a helmet. A dedicated motorcycle accident attorney could explain the link between personal injury claims for motorcycle crashes and Perth Amboy motorcycle helmet laws.

Statewide Motorcycle Helmet Laws

Wearing a helmet that fully covers the head is mandatory for motorcycle operators and their passengers. The helmet must be approved by the Department of Transportation (DOT). Additionally, it must have a chin or neck strap, be the right size for the person wearing it, have reflectors on both sides, and fit securely.

There are no exceptions to the mandatory helmet laws. The state has one of the stricter motorcycle helmet laws in the country, applying to anyone riding a motorcycle of any type. The legal definition of motorcycle is broad and includes motorbikes, autocycles, and motorized bicycles (e-bikes).

Failing to wear a helmet is against the law. While the financial penalty for breaking this law is low, the physical consequences can be extreme. Wearing a helmet reduces the risk of head injuries and death and can lessen the severity of head injuries that do occur.

Does Perth Amboy Require Other Protective Gear?

Motorcycle riders in Perth Amboy are required by law to wear protective gear in addition to their helmet. The law requires bikers to wear eye protection, including goggles, glasses, or protective shields. If the motorcycle has a windscreen, the biker does not have to wear extra eyewear.

Using other protective gear is not mandatory, but choosing to do so can help keep bikers safe. Wearing boots, leather, and gloves can help protect a biker from road rash in the event of an accident. Bikers should also wear full-length pants and long sleeves.

Does Failing to Wear a Helmet Prevent Recovery in a Motorcycle Crash?

Determining negligence requires a factfinder to compare a person’s behavior to the reasonable person standard. Since wearing a motorcycle helmet in Perth Amboy is dictated by law, a reasonable person would wear the helmet. Failing to do so is unreasonable, making it evidence of negligence.

Recovery is possible in a comparative negligence state even if an injured person is also at fault for their accident. However, they cannot be more at fault than the person they are suing. When only two parties are involved, this turns into a 50 percent rule, meaning an injured person can only recover if they are 50 percent or less responsible for the injuries. When multiple people are involved in an accident, recovery depends on the percentage of blame assigned to each party.

Assuming the other party is more responsible than the plaintiff, the injured person can still recover even if they failed to wear a helmet. However, the recovery will be proportional to each party’s responsibility.

Speak to an Attorney About Perth Amboy Motorcycle Helmet Laws

When you were injured in a motorcycle accident because of someone else’s negligence, you may be entitled to compensation even if you were not wearing a helmet. The answer depends on the facts and whether you were more negligent than any other person involved in the accident.

Schedule a consultation with an attorney instead of trying to handle your complicated injury case alone. They can help you understand the relationship between Perth Amboy motorcycle helmet laws and your motorcycle crash claim.