Yes—you may still have the right to pursue a motorcycle accident claim. In New Jersey, not wearing a helmet doesn’t automatically prevent you from seeking compensation after a motorcycle crash. But it can become a factor—especially if your injuries involve your head or neck.

Many riders facing this situation have the same questions: Can I still sue? Will the insurance company hold it against me? What if the crash wasn’t my fault? At The Law Offices of Andrew S. Prince, we’ve guided countless motorcyclists through these concerns and helped them assert their rights, especially when insurance companies try to shift the blame.

If you’ve been in a crash without a helmet, you still have legal options. Here’s what you need to know about how helmet laws affect motorcycle accident claims in New Jersey—what role fault plays, how insurance companies may respond, and what really matters when it comes to your right to compensation.

Understanding New Jersey’s Motorcycle Helmet Laws

New Jersey law requires all motorcycle riders and passengers to wear a DOT-approved helmet that’s securely fastened with a chin or neck strap and reflectorized on both sides. There are no exceptions—regardless of your age, experience, or even how short the ride.

Violating this law may lead to a citation, but it doesn’t mean you’re at fault for the crash itself. That responsibility lies with the person who caused the collision. If a negligent driver rear-ended you, ran a red light, or made an illegal turn, the fact that you weren’t wearing a helmet doesn’t absolve their responsibility.

You Can Still File a Claim—Even Without a Helmet

Legally, you are not barred from filing a claim just because you weren’t wearing a helmet. But depending on the nature of your injuries, helmet use might become a point of contention—especially if you suffered head or facial trauma.

Insurers may try to argue that your injuries are more severe because of the lack of a helmet. This is often used as a strategy to limit their liability and reduce your compensation.

But here’s what they don’t always tell you: Many common motorcycle injuries—like broken bones, spinal cord damage, road rash, internal bleeding, or orthopedic trauma—typically fall outside the protection a helmet provides.

If your injuries are unrelated to areas a helmet is designed to protect, the insurance company’s argument may carry little weight.

How Comparative Negligence Works in New Jersey

New Jersey follows a modified comparative negligence rule. This means:

You can still recover damages as long as you’re not more than 50% at fault.
If you’re found partially responsible—say, for not wearing a helmet—your compensation might be reduced by your percentage of fault, but not eliminated.

Here’s how it might work in practice:

Suppose your damages total $100,000. If it’s determined that not wearing a helmet contributed 20% to the severity of your injuries, you could still recover $80,000. That being said, any reduction in compensation only applies if the insurance company can prove that not wearing a helmet significantly worsened your injuries or that you were otherwise partially at fault for the crash.

And that’s a big “if.” We routinely challenge these kinds of assumptions when they’re not backed by facts, evidence, or medical support.

How Injury Type Can Outweigh Helmet Use in a Claim

Even if helmet use comes up, in many cases, it simply doesn’t apply. A helmet is primarily designed to reduce the risk of traumatic brain injuries or facial trauma—but many motorcycle accident injuries fall outside of that scope.

Some examples include:

Fractured arms, wrists, legs, ribs, or pelvis
Spinal cord injuries or paralysis
Internal bleeding or organ damage
Severe road rash or infection
Nerve damage or orthopedic injuries

If your injuries fall into any of these categories, the focus should stay on the cause of the crash, not your gear.

What You Should Do After a Motorcycle Crash in New Jersey

Regardless of whether you were wearing a helmet, these steps are critical to protecting both your health and your case:

Get Medical Attention Immediately:

Some injuries may not show symptoms right away but can worsen quickly. Prompt care is key—it also creates essential medical records to support your claim.

Document Everything:

If you are able to, take photos of the scene, your motorcycle, any vehicles involved, visible injuries, and road conditions. If you can’t, an attorney can step in quickly to secure key evidence and protect your rights from the start.

Preserve Your Gear:

Whether damaged or intact, your helmet, jacket, gloves, and boots may serve as crucial evidence showing the severity and impact of the crash.

Watch What You Say:

Don’t speculate or admit fault to anyone, including insurers. Stick to the facts.

Contact A Motorcycle Accident Attorney Early:

The sooner you get legal guidance, the easier it is to avoid mistakes that could weaken your case.

You Still Have Legal Rights—Helmet or Not

Just because you weren’t wearing a helmet doesn’t mean you caused the crash—or that you don’t deserve to be compensated. What matters most is how the accident happened, who was responsible, and how your injuries have impacted your life.

In many cases, helmet use has little or no bearing on fault or damages. Don’t assume you’re out of options. The best thing you can do is speak with a lawyer who understands New Jersey motorcycle law and how to protect injured riders from blame-shifting tactics.

Injured in a Motorcycle Crash? We’re Ready to Help. Contact The Law Offices of Andrew S. Prince to File Your Motorcycle Accident Claim in NJ

At The Law Offices of Andrew S. Prince, we represent riders across New Jersey who’ve been seriously hurt in motorcycle accidents—from the Jersey Shore to North and Central Jersey, including cities like Newark, Trenton, Jersey City, Edison, Paterson, Elizabeth, and beyond.

Motorcycle injury claims are what we do every day. We know the law, we know the insurance company tactics, and we know how to fight for riders—whether you were wearing a helmet or not.

If you’ve been injured in a motorcycle crash, don’t wait. Call 1-800-TEAM-LAW or reach out online to schedule your free, no-pressure consultation today.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.