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New Jersey Motorcycle Helmet Laws

By Lependorf & Silverstein on May 27, 2016

With nothing but a jacket (and hopefully a helmet) between them and the road, it’s easy to see why motorcyclists face more risk than any other type of vehicle on the road. In fact, if a motorcyclist gets into an accident, they are 26 times more likely to die as a result than those riding in passenger vehicles. Of course, wearing a helmet can greatly increase the chances of a motorcyclist making it through an accident alive, but just what are the motorcycle helmet laws in New Jersey? Does everyone have to wear a helmet? Does it matter what kind of helmet it is? And in New Jersey, what exactly is considered a motorcycle?

In New Jersey, ALL motorcyclists must wear a helmet. That helmet must be a DOT-approved helmet, which is a type of helmet that’s given DOT certification after certain standards are met and the helmet is put through vigorous testing. While it’s the National Highway Safety Administration (NHTSA) that enforces this law, it’s the manufacturers of the helmets themselves that are responsible for ensuring that all helmets marked with the DOT stamp of approval do in fact meet regulations. Because of this, if any defect is found or the helmet doesn’t protect properly as it should, the manufacturer of the helmet could be found at fault.

You may be thinking however, that you ride a moped or a scooter, not an actual motorcycle, so this law may not apply to you. However, the New Jersey Driver’s Manual states, “According to New Jersey law, a motorcycle can be a motor bike, a bicycle with a motor attached or any motor-operated vehicle of the bicycle or tricycle type, except for a motorized bicycle.” This law makes it clear that, no matter what type of bike or motorcycle you’re riding, whether it’s on-road or off-road, all riders must still wear a helmet. And, even those motorized bicyclists will still need to wear a safety helmet, even if it’s not DOT-certified.

Driving a motorcycle can be fun and exciting, and to some, there’s no better way to take in the New Jersey sunshine during the summer months. However, these vehicles carry the highest risk of any other type of vehicle and so, it’s necessary to wear a helmet at all times. Not only can it save your life, in New Jersey, it’s also the law.

If you want to know more about motorcycle or motor vehicle law, or you’ve been in an accident and want to be compensated, call us at Lependorf & Silverstein, P.C. We’re here to help every step of the way throughout the legal process, and will fight to get you the compensation you deserve. Contact us today at (609) 240-0040.

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The firm’s principals, Gabriel R. Lependorf and David E. Silverstein, have each been representing injured victims in the State of New Jersey for over twenty years.

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