New Jersey has helmet laws requiring motorcycle riders to wear approved helmets under N.J.S.A. 39:3-76.7. Helmet use may be considered when evaluating certain legal issues, but the specific impact depends on the facts surrounding the accident and injuries.
The “helmet defense” is common in New Jersey motorcycle accident claims: If a rider doesn’t wear a helmet, defense lawyers will use comparative negligence to argue that the rider caused their own head injuries, reducing their potential payout. It does not bar them from recovering damages for other injuries (like broken legs). Experienced NJ motorcycle accident attorneys can prepare a case strategy that accounts for a victim’s failure to wear a helmet.




