A bike ride shouldn’t end in the back of an ambulance. But in New Jersey, it happens far too frequently. In 2024, 23 cyclists were killed, with pedestrian fatalities also reaching a staggering all-time high of 221, leaving no doubt that our roads are riskier than many realize.
Whether you’re a parent watching your child ride to school or an adult biking to work every day, helmets are a familiar part of the routine. Most riders know they matter for safety. What many riders don’t realize is that helmet use isn’t just about protection, it’s also required by law for minors in New Jersey. And in the aftermath of a crash, it can become a factor in how insurers or courts evaluate your claim, even if the other party was clearly at fault.
This blog cuts through the uncertainty. We’ll clarify who must wear a helmet under New Jersey bicycle helmet law, what effect helmet use can have after an accident, and why your decision to wear one, or not, matters in more ways than you might think.
Who Has to Wear a Bicycle Helmet in New Jersey?
New Jersey’s bicycle helmet law applies primarily to children and teens. According to New Jersey Statutes § 39:4-10.1, anyone under the age of 17 must wear a properly fitted safety helmet. This includes riding on public roads, bicycle paths, and in public parks. The helmet must meet the standards set by the U.S. Consumer Product Safety Commission.
If you’re over 17, helmet use is not required under state law, but that doesn’t mean it’s irrelevant. Many adult riders still choose to wear one, especially those aware of how often bicycle crashes lead to head trauma. And in some cases, the choice to wear or skip a helmet may come up if you’re injured and decide to file a claim.
How Helmet Use Affects Bicycle Accident Cases
Helmet laws don’t just apply on the road. They can follow you into the claims process if a crash leads to serious injuries. If a rider suffers a head injury in a bicycle accident, insurance companies may argue that the injuries could have been reduced or avoided if the rider had worn a helmet. These arguments don’t always hold up under scrutiny, but they can make the claims process more difficult and more hostile than it needs to be.
New Jersey uses a modified comparative negligence rule in personal injury cases. That means if you’re found partially responsible for your injuries, any compensation you receive can be reduced by your percentage of fault. And if you’re found more than 50% at fault, you may be barred from recovering anything at all.
Here’s how helmet use could come into play:
- If your child wasn’t wearing a helmet when required by law, the insurance company might claim that contributed to the severity of the injury, and reduce your financial recovery.
- If you’re an adult, helmet use isn’t legally required. But some insurers may still try to argue that not wearing one was careless, especially in cases involving traumatic brain injuries.
These types of arguments don’t always hold up, but they can complicate a case. That’s why injured cyclists often work with bicycle accident lawyers who understand how to establish liability, interview witnesses, and push back when insurers try to unfairly assign blame.
Common Bicycle Accident Injuries in New Jersey
When a bicycle collides with a motor vehicle, the outcome is rarely minor for the person on the bike. Helmets can reduce the risk of head trauma, but they don’t protect against everything, and some injuries can change a rider’s life in seconds.
That’s why New Jersey’s helmet law focuses on prevention. But if a serious crash does happen, the type of injury and whether a helmet was worn, can affect how insurance companies respond. Injuries to the head, spine, or internal organs often lead to higher damages, which means more scrutiny from insurers looking to limit what they’ll pay.
Here are some of the most common injuries in bicycle accident cases:
- Traumatic brain injuries, especially when the rider wasn’t wearing a helmet
- Spinal cord injuries, which can cause partial or complete paralysis
- Broken bones, including wrists, arms, ribs, and hips
- Facial fractures and dental trauma, often resulting from direct impact
- Internal bleeding and organ damage, particularly in high-speed collisions
- Soft tissue injuries, including road rash, torn ligaments, and nerve damage
Unfortunately, some crashes are fatal. When a rider is killed due to a negligent driver, surviving family members may pursue a wrongful death claim under New Jersey law.
Even in non-fatal cases, long-term medical treatment, therapy, and lost wages can take a serious toll. Injured cyclists and their families often find themselves balancing recovery with a growing list of expenses, especially if the injuries involved could have been less severe with a properly fitted helmet.
Who’s Responsible When an Accident Occurs?
Injury alone doesn’t determine what happens after a bicycle crash, fault does. And if the injuries involve the head or brain, insurance companies often zero in on whether the rider was wearing a helmet.
New Jersey law holds negligent motorists accountable when their actions cause harm. That includes drivers who:
- Fail to yield to a cyclist in a designated bike lane
- Open a car door into the path of a passing bike rider
- Ignore stop signs or speed through residential neighborhoods
- Text, call, or otherwise drive while distracted
But establishing liability isn’t automatic. Even if a driver clearly caused the crash, their insurance company may argue that the rider contributed to their own injuries, especially if a helmet wasn’t worn and the injuries involve the head or neck.
To move forward with a personal injury claim, you’ll need to show that the driver’s actions caused the crash and that those actions, not a lack of protective gear, led to your injuries. This usually requires:
- Photographs or video from the accident scene
- Witness statements from bystanders or other drivers
- Medical documentation that connects your injuries to the collision
- A clear timeline that shows how the crash happened
If you or your child followed the law and wore a helmet, that may work in your favor when establishing liability. If not, it doesn’t automatically prevent recovery, but it may become part of the conversation. That’s why cases involving head injuries often benefit from legal representation that understands how to position helmet use or lack of it within the broader facts of the case.
What About Bike Accidents That Don’t Involve Cars?
Not every bicycle accident involves a negligent driver. Riders can be seriously injured after hitting a pothole, crashing into road debris, or swerving to avoid a standing vehicle. These fall accidents can lead to injuries just as severe as those caused by traffic collisions—and they still raise legal and insurance issues.
In these situations, responsibility may fall on:
- A municipality that failed to repair a damaged roadway
- A construction crew that left debris or equipment in a bike lane
- A property owner who allowed hazardous conditions to go unaddressed
Claims like these tend to be more complicated. You’ll still need to show that the hazard existed, that it wasn’t corrected in a reasonable amount of time, and that it directly caused the crash.
Helmet use can become a point of focus in these cases too. When a rider suffers a head injury, insurers may argue that the injury would have been less severe if a helmet had been worn, even if no car was involved. That argument isn’t always valid, but it can affect how the claim is evaluated.
Accidents like these require clear evidence, from photos of the scene to medical records that support your claim. Working with a lawyer for bicycle accidents familiar with New Jersey bicycle accident cases can make it easier to present a strong, well-documented case.
Hurt in a Bike Accident in New Jersey?
Whether it was caused by a careless driver, a broken sidewalk, or something else entirely, a bicycle accident can leave you facing more than just physical injuries. Medical bills. Time off work. Insurance companies questioning every decision you made, including whether you wore a helmet.
At The Law Offices of Peter N. Davis & Associates, we’ve been standing up for injured cyclists across New Jersey for more than 30 years. We know how quickly the blame game starts, and how to push back when insurers try to downplay what you’re going through. From mild concussions to traumatic brain injuries, we take the time to understand what happened, document what matters, and fight for fair compensation for your injuries.
Call (973) 279-7246(973) 279-7246 or fill out our confidential online form to schedule your free consultation. You’ll speak directly with a New Jersey personal injury attorney who knows how to deal with these cases, and who’s ready to take action on your behalf.
Injured in New Jersey? Peter’s got your back!
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
The Law Offices of Peter N. Davis & Associates, LLC
72 Essex Street, Suite 2,
Lodi, NJ 07644
(973) 279-7246(973) 279-7246
https://peterdavislaw.com/
