Can I Still File a Claim If I Wasn’t Wearing a Helmet in a Bike Accident?

Biking offers freedom and a break from traffic, but when there’s an accident with a car, truck, or bus, the injuries can be quite severe, especially if it involves a mild traumatic brain injury. If you’ve been hurt in a bike crash and were not wearing a helmet, you may be wondering: Can I still file a personal injury claim?

The short answer is yes. In most cases, you can still sue the negligent driver and get monetary damages as compensation. However, not wearing one could affect your case and the amount of money you actually receive. At Davis, Saperstein & Salomon, P.C., our bicycle accident attorneys help injured riders understand their rights and fight to win them the full compensation they deserve—helmet or not.

Understanding Bicycle Helmet Laws in New Jersey

In New Jersey, bicycle helmet laws are kept simple. Anyone under 17 years old is required by law to wear a helmet while riding a bike (this also applies to roller skates, skateboards, and scooters). On the other hand, adults are strongly recommended to wear a helmet, but it’s not required by law.

Can Not Wearing a Helmet Hurt My Personal Injury Case?

Even though adults can ride their bicycles without a helmet, insurance companies and their defense lawyers can argue that because you consciously decided not to wear a helmet, and if you did, your injuries would not have been as serious, neglecting your safety. This is known as comparative negligence, and it can reduce the jury award or settlement money you receive if you’re found even partly responsible for your injuries.  Obviously, this does not apply to leg, arm, and other fractures.

In reality, most bike accidents are caused by driver negligence, like distracted driving, not yielding, speeding, and unsafe lane changes. It’s a personal injury lawyer’s job to hold the negligent driver responsible for their careless driving while protecting your interests against insurance companies and defense attorneys.  By doing so, a good and experienced personal injury attorney with experience as an expert in bicycle accident cases will fight for your right to compensation for all of your injuries and financial losses.

Even children who are injured without wearing a helmet may make a claim, however, again, it can reduce the amount of money awarded.

Statute of Limitations for Bicycle Accidents in New Jersey

If you’re injured in a bicycle accident in New Jersey, the statute of limitations for filing a personal injury claim is two years from the date of the accident.   This applies to all accidents, no matter what type of vehicle or person was involved. However, there are exceptions depending on the injuries sustained and who was at fault.

If you have been injured in a bicycle accident, these are the statutes of limitations to file a claim:

1. Cars, Trucks, Motorcycles: For those over 18, there is a two-year statute of limitations from the date of the accident to file a lawsuit.
2. Commercial Vehicles (Non-Government Owned): A two-year statute of limitations applies.
3. Government Vehicles or Public Entities: If the at-fault party is a government-owned vehicle (such as a municipal truck or NJ Transit bus), you must file a Notice of Claim within 90 days of the accident under the New Jersey Tort Claims Act. If this is not filed on time, you may lose your right to sue, even if you are within the two-year statute of limitations. For this reason, it is advisable to consult with an experienced New Jersey personal injury lawyer as soon as possible.
4. Other Bicyclists or Pedestrians: A two-year statute of limitations applies.
5. Minors: If the injured cyclist is a minor, the two-year statute of limitations typically does not begin until the child turns 18. However, if the other vehicle is government-owned, a 90-day Notice of Claim is still required and must be filed within that time, regardless of the plaintiff’s age.
6. Special Circumstances: In rare cases where the injury was not immediately discoverable (such as certain brain injuries), the statute of limitations may be extended based on when the injury was or reasonably should have been discovered. These exceptions are limited and must be evaluated on a case-by-case basis.

Understanding and meeting these deadlines is critical for your legal rights. If you’ve been involved in a bicycle accident, it’s important to consult with an experienced New Jersey personal injury attorney as soon as possible so all deadlines are met.

Your Rights After a Bicycle Accident

Whether you wear a helmet or not, you have the right to a safe road. If hit by a car, truck, or commercial vehicle, you could have the right to seek compensation for:

• Medical expenses
• Lost wages and income
• Past, present, and future pain and suffering
• Future cost of care or rehabilitation
• Property damage
• Disfigurement

You should not have to suffer due to someone else’s negligence or denied justice because of a helmet.

Why You Should Hire a Bicycle Accident Attorney

Bicycle accident claims can get complicated. It is essential to have legal representation that understands and is experienced in personal injury law, knows how to prove fault, and will fight for your rights.

A bicycle accident attorney can investigate the crash, gather medical evidence, consult with experts, and fight back against unfair blame tactics. They can also show how your injuries were caused by the accident itself and not by your choice to ride without a helmet.

If roadway defects, such as a pothole or raised sidewalk slab that caused the accident, the biker can still sue the city, county, or state responsible for inspecting and repairing the roadways or sidewalk.

At Davis, Saperstein & Salomon, P.C., we’ve helped hundreds of injured cyclists from across New Jersey recover the compensation they need to move forward. We know how to protect your rights, even if you did not wear a helmet.

What if I am an Illegal or Undocumented Foreign-Born Immigrant?

Many foreign-born undocumented immigrants use bicycles as their primary form of transportation. In New Jersey, the fact that you were born elsewhere in another country and continue to live in the US undocumented is not only inadmissible in a lawsuit, as considered irrelevant and prejudicial. New Jersey law does not give drivers the right to be negligent when around foreign-born illegals.

Contact Our Experienced Bicycle Injury Attorneys Today

If you’ve been injured in a bicycle accident, helmet or not, you still have rights. Our team at Davis, Saperstein & Salomon is ready to fight for you.

At Davis, Saperstein & Salomon, P.C., we bring legal experience and care to every case we handle. No one should have to suffer because of someone else’s reckless actions. If you or someone you love has been injured or if you have questions about your rights after a bicycle accident, we are here to help. Davis, Saperstein & Salomon, P.C. offers free consultations and second opinions and has offices throughout New Jersey and New York City. If you are seeking experienced personal injury lawyers in Teaneck, NJ, or the surrounding Bergen County area, please contact 1-800-LAW-2000 or via email at info@dsslaw.com.