If you’re injured in a bicycle accident in New Jersey, helmet laws and non-compliance can affect your injury claims. After an accident, knowing the ins and outs of these laws can protect your rights and influence receiving compensation. Also, knowing how they affect responsibility and financial recovery can affect your claims.
The Importance of Helmet Use in New Jersey
New Jersey law mandates that all bicycle riders under age 17 wear a properly fitted and fastened helmet. While this does not extend to those 17 and older, wearing a helmet can significantly reduce the risk of head injuries. According to the National Institutes of Health, helmet use can reduce the risk of head injuries by up to 88%. Therefore, even as an adult, wearing a helmet is a wise decision that can have critical implications if you end up in an accident.
How Helmet Use Impacts Injury Claims
In the aftermath of a bicycle accident, one of the first aspects that insurance adjusters or opposing legal counsel will likely examine is whether you were wearing a helmet. For riders under the age of 17, failure to comply with the helmet law can lead to a presumption of negligence on the part of the rider, potentially reducing the amount of damages they can recover.
Although adult riders are not legally required to wear helmets, their decision not to wear one can still impact a claim. New Jersey operates under a modified comparative negligence rule. If you are found partially at fault for your injuries, your compensation could be reduced by your percentage of fault. If the defense links your non-helmet use to your head injuries, this could increase your fault percentage. This thereby decreases the compensation you are entitled to receive from the other party or their insurance.
Bicycle Accident Claims and Helmet Regulations
When filing or responding to a bicycle accident claim, it’s vital to consider how New Jersey’s helmet laws and regulations might affect your case. The specifics of these laws can influence the overall assessment of fault and liability. As your legal team evaluates the details of your overall case, they will likely consider several factors, including:
- Adherence to Helmet Laws — Adherence to helmet laws is legally critical and will undergo scrutiny in cases involving minor cyclists.
- Impact of Non-Compliance — For adults, while non-compliance isn’t illegal, it could demonstrate the rider’s negligence.
- Evidence of Injury Reduction — Showing that wearing a helmet reduced the severity of injuries can support claims for lower comparative negligence. This also helps you maximize your compensation at trial. Conversely, in scenarios where you sustained head injuries, the absence of a helmet can lead to a tougher stance from insurance companies and defense attorneys. They can argue that you caused or exacerbated your injuries by deciding not to practice helmet safety.
Understanding these facets is essential in preparing for any legal arguments you’ll likely face in effectively pursuing or defending against a claim.
How Not Wearing a Helmet Affects Your Case
If you ride without a helmet or failed to wear a helmet, that doesn’t mean you can’t claim compensation. It’s important to remember that the lack of helmet use does not prevent you from claiming damages. This includes medical bills, lost wages, pain and suffering, and emotional distress. It merely influences the percentage of fault and the compensation you may receive. Regardless of helmet use, if another party is liable for the accident, you still have the right to seek compensation.
Why Learn About Helmet Laws and Bicycle Accident Claims?
What is the impact of helmet use on injury claims? Understanding helmet laws and how they interact with accident claims in New Jersey is about safeguarding your rights and financial health. Keeping yourself informed can significantly increase your ability to effectively deal with the claims process. Furthermore, this knowledge empowers you to take necessary precautions to mitigate risk and protect your legal interests in future incidents.
If you have questions, consider contacting a local attorney who knows how to pursue bicycle accident claims in New Jersey. They provide personalized advice tailored to your case, ensuring that your rights are protected and you pursue the fullest compensation possible.
Whether you’re a minor or an adult, understanding and adhering to the helmet laws is crucial before you hit the road in New Jersey. It protects you physically and legally. Remember, knowledge is power, especially when it comes to legal matters.
Contact Brach Eichler Injury Lawyers Today
If you’ve been in a bicycle accident, don’t assume you have to handle it alone. Brach Eichler Injury Lawyers understands that every situation is unique and that you deserve an attorney who can deal with the messy legal details while you focus on your recovery. With 10 convenient locations throughout New Jersey, our team of Roseland bicycle accident lawyers is well-positioned to serve clients all over the state.
Don’t wait to get the help you need from our personal injury claims. Contact us today online or by calling us at (973) 364-8300 for a free consultation. Learn more about how we can assist and support you with your bicycle accident case. Additionally, let our firm help you in receiving the compensation you deserve. Hablamos español.
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Written by: Brach Eichler Injury Lawyers Last Updated : August 29, 2024We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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