Mattiacci Law’s decades of experience help injured riders understand these laws and protect their rights after a crash. We have helped countless injured riders understand their insurance coverage and fight for the compensation they deserve after a motorcycle accident in New Jersey.
In this guide, I will cover what every New Jersey motorcyclist needs to know about their legal rights, insurance responsibilities, and the steps to take after a crash to protect their health, financial future, and claim for fair compensation.
In this guide will explain to you everything you need to know about New Jersey Motorcycle Accident from A-Z.
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Motorcycle accidents in New Jersey are governed by specific laws that affect your right to compensation, your insurance obligations, and your responsibilities on the road. In 2016, there were 2,200 motorcycle drivers involved in crashes in New Jersey, leading to 69 fatalities. Motorcyclists are over 29 times more likely than occupants of passenger cars to die in vehicle accidents.
Motorcycle accident laws in New Jersey require riders to seek damages from at-fault drivers, as PIP coverage does not apply, while adhering to helmet, insurance, and safety laws. Comparative negligence rules may reduce compensation if a rider is partially at fault.
Motorcycle accident claims in New Jersey differ from standard car accident claims because motorcyclists are excluded from the state’s no-fault insurance system. In car accidents, drivers typically use their own Personal Injury Protection (PIP) coverage for medical bills, regardless of fault. Motorcyclists, however, must pursue claims directly against the at-fault driver to cover medical expenses, lost wages, and pain and suffering, as they must rely on the at-fault party’s insurance to cover these damages.
Liability is based on negligence. If another driver caused the accident, their insurance is responsible for your damages. However, New Jersey’s comparative negligence rule means that if you are found to be partially at fault, your compensation will be reduced proportionally to your degree of fault. If you are found to be 51% or more at fault, you will be barred from recovering damages entirely. Motorcycle accident claims can be complex, often requiring evidence to establish negligence and prove damages.
Insurance Requirements
All motorcycle owners in New Jersey must carry liability insurance, with the following minimums:
| Coverage Type | Minimum Requirement |
|---|---|
| Bodily Injury (per person) | $15,000 |
| Bodily Injury (per accident) | $30,000 |
| Property Damage | $5,000 |
While not mandatory, uninsured/underinsured motorist (UM/UIM) coverage is strongly recommended to protect you if hit by an uninsured driver.
New Jersey law requires all motorcycle operators and passengers to wear securely fitted, DOT-approved helmets. Riders must also use eye protection, such as goggles or a face shield, unless the motorcycle is equipped with a windscreen. Helmets must meet U.S. Department of Transportation standards, be secure, fitted, and have a neck or chin strap with reflectors. Additionally, New Jersey requires motorcycle riders to have a motorcycle endorsement license after passing a road test.
In New Jersey, the general rule is that you have two years from the date of your motorcycle accident to file a personal injury lawsuit. Missing this deadline usually means you lose the right to seek compensation. Delays beyond this deadline will typically prevent you from pursuing compensation.
Motorcycle accident injuries can be severe and life-altering, and insurance companies often attempt to undervalue these claims. It is crucial to work with an experienced New Jersey motorcycle accident lawyer to protect your rights and maximize your compensation.
At Mattiacci Law, we help injured riders by:
If you or a loved one has been injured in a motorcycle accident in New Jersey, getting timely legal guidance is one of the most important steps you can take toward financial recovery and peace of mind.
Motorcyclists in New Jersey must file claims against at-fault drivers because PIP does not apply. Compliance with helmet and insurance laws is mandatory, and comparative negligence rules may reduce recovery if a rider is partially at fault. Act promptly within the two-year filing window to protect your rights.
At Mattiacci Law, we offer free consultations and no fees unless we win your case. Let our experience guide you through your motorcycle accident claim so you can focus on healing while we focus on your recovery.
Call 215-914-6919 today to protect your rights.
Insurance coverage is not just a legal obligation for New Jersey motorcyclists—it plays a crucial role in protecting riders financially after an accident.
New Jersey law requires motorcyclists to carry minimum liability insurance, but riders are strongly encouraged to purchase additional uninsured/underinsured motorist coverage to protect themselves fully in the event of a crash.
Motorcyclists in New Jersey must maintain active liability insurance to legally operate their motorcycles. This differs from car drivers, as motorcycle policies do not include Personal Injury Protection (PIP), leaving riders responsible for pursuing claims against at-fault drivers for medical expenses. To legally operate a motorcycle in New Jersey, riders must pass a motorcycle road test to demonstrate their competency.
The required minimum liability insurance limits for motorcycles in New Jersey are:
| Coverage Type | Minimum Requirement |
|---|---|
| Bodily Injury (per person) | $15,000 |
| Bodily Injury (per accident) | $30,000 |
| Property Damage | $5,000 |
Motorcyclists must carry proof of insurance when riding and present it upon request during traffic stops or after an accident.
While the law requires only basic liability insurance, purchasing uninsured/underinsured motorist (UM/UIM) coverage is highly recommended for motorcyclists in New Jersey.
UM/UIM coverage protects you if:
Without PIP coverage, injured motorcyclists often face substantial medical bills, and many at-fault drivers carry only minimum insurance. UM/UIM coverage can help pay for:
It is a practical layer of protection that many injured riders wish they had before an accident.
When a motorcycle accident occurs, insurance directly affects your path to recovery:
Insurance companies often try to reduce payouts, particularly in motorcycle claims where injuries tend to be severe. Riders must be cautious when dealing with insurers, as statements can be used to reduce or deny claims.
New Jersey requires motorcyclists to carry liability insurance, but without PIP, riders must pursue claims against at-fault drivers for injuries. Uninsured/underinsured motorist coverage is strongly recommended to protect yourself financially after an accident.
After a motorcycle accident in New Jersey, understanding how fault is determined can greatly impact the compensation you may receive.
New Jersey applies a modified comparative negligence rule in motorcycle accident claims, reducing compensation by the rider’s percentage of fault, and barring recovery entirely if the rider is found 51% or more at fault. Motorcyclists are often perceived as more likely to speed, take risks, and drive irresponsibly, which can affect legal claims and how fault is assigned in an accident.
Comparative negligence is a legal principle that allocates financial responsibility based on each party’s contribution to the accident. Unlike some states that follow strict contributory negligence (where any fault can bar recovery), New Jersey’s system is designed to allow injured parties to recover damages even if they are partially at fault, as long as they do not reach the 51% fault threshold.
In practical terms, if you are injured in a motorcycle accident and found partially responsible, your compensation will be reduced in proportion to your fault.
For example:
| Scenario | Outcome |
|---|---|
| Rider is 20% at fault | Compensation reduced by 20% |
| Rider is 50% at fault | Compensation reduced by 50% |
| Rider is 51% at fault | No compensation available |
This system incentivizes thorough documentation of the accident scene, securing witness statements, and promptly seeking legal advice to ensure fault is properly assigned during claims and negotiations.
To protect your right to compensation, it is critical to demonstrate the other party’s fault clearly. This typically involves:
These efforts help counter attempts by insurance companies to inflate your share of fault, which could reduce or bar your compensation under New Jersey’s comparative negligence law.
Understanding comparative negligence is essential for protecting your rights after a motorcycle accident in New Jersey. Equally important is understanding why no-fault laws do not apply to motorcycles in the state and what this means for your medical expenses and recovery options.
Next, we will explore why New Jersey’s no-fault laws do not cover motorcycle riders and what steps you must take to secure compensation for your injuries.
Motorcycle riders in New Jersey face a unique challenge: they are excluded from the state’s no-fault insurance system, impacting how medical bills and damages are recovered after a crash.
In New Jersey, motorcycle riders are not covered under the state’s no-fault Personal Injury Protection (PIP) insurance system, requiring injured riders to pursue claims directly against at-fault drivers to recover medical expenses and related damages.
New Jersey’s auto insurance structure is primarily built around no-fault Personal Injury Protection (PIP), designed to ensure that medical expenses and certain economic losses are covered regardless of who caused the accident. Under this system, drivers and passengers in motor vehicles typically:
The intent behind no-fault laws is to reduce the burden on the courts and ensure prompt medical treatment for injured parties after an accident.
While PIP is beneficial for most vehicle operators, New Jersey explicitly excludes motorcycles from PIP coverage under N.J.S.A. 39:6A-2. This exclusion is based on several factors:
As a result, motorcycle riders must look to alternative avenues for recovery after a crash.
Because no-fault PIP benefits are unavailable, an injured motorcyclist’s primary route for recovering medical expenses and other damages is to file a claim against the at-fault driver’s liability insurance.
This system has important practical implications:
Because of these challenges, New Jersey riders should consider additional protective strategies:
Without PIP coverage, injured riders should act promptly to protect their right to compensation:
Understanding why motorcycles are excluded from New Jersey’s no-fault system is key to preparing for the financial realities of a motorcycle accident. Equally important is knowing the time limits that apply to motorcycle accident claims to avoid missing your opportunity to recover damages.
Next, we will explore the statute of limitations and critical deadlines for filing a motorcycle accident claim in New Jersey.
Timing is critical after a motorcycle accident. Missing a legal deadline can permanently bar you from recovering compensation for your injuries.
The statute of limitations for motorcycle accident claims in New Jersey is generally two years from the date of the accident, meaning injured riders must file their personal injury lawsuit within this timeframe to preserve their right to compensation.
In New Jersey, the statute of limitations is the legal deadline by which an injured party must file a lawsuit in court after a motorcycle accident. This rule applies to:
If you attempt to file a lawsuit after the two-year deadline has passed, the court will typically dismiss your case, and you will lose the right to pursue compensation, regardless of the severity of your injuries or the strength of your case.
While the two-year rule is standard, certain situations can extend or modify the deadline:
If the injured motorcyclist is under 18 at the time of the accident, the statute of limitations does not begin to run until the minor turns 18, allowing them to file a claim until they turn 20.
In rare cases where injuries or the cause of those injuries are not immediately known, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered.
If your motorcycle accident involved a government vehicle or occurred due to a roadway defect involving a public entity, you must:
Failing to follow these notice requirements can prevent you from pursuing a claim against a public entity, even if your overall two-year filing window has not expired.
To ensure you do not miss your opportunity to pursue compensation:
Waiting too long can result in lost evidence, unavailable witnesses, and procedural mistakes that could undermine your case even if you file within the two-year limit.
Understanding and adhering to the statute of limitations is essential for protecting your rights after a motorcycle accident in New Jersey. Next, we will explore the safety regulations all motorcyclists must follow in New Jersey and how these laws can impact your ability to recover compensation after a crash.
Motorcycle safety laws in New Jersey are designed to protect riders and reduce the risk of severe injuries in the event of a crash.
New Jersey motorcycle safety laws require all riders and passengers to wear DOT-approved helmets, use eye protection unless the bike has a windscreen, maintain proper handlebar height, and use headlights at all times while riding. Lane splitting is not permitted in New Jersey. Riders must also adhere to the same traffic laws as other vehicles.
New Jersey enforces strict helmet and eye protection laws under N.J.S.A. 39:3-76.7 and related regulations, including:
Failure to comply with helmet and eye protection laws can result in fines, and noncompliance may be cited by insurance companies in liability discussions following an accident.
In addition to helmet laws, New Jersey has specific safety equipment and operational requirements:
Handlebars must not be higher than the rider’s shoulder height when seated on the motorcycle, ensuring the rider can maintain full control.
Motorcycles are required to operate with headlights on at all times, including during daylight hours, to improve visibility and reduce the likelihood of collisions.
Motorcycles must be equipped with at least one rearview mirror to allow riders to monitor traffic conditions behind them.
Lane splitting, the practice of riding between lanes of slow-moving or stopped traffic, is not legal in New Jersey. Motorcyclists are required to:
While New Jersey law permits two motorcycles to ride side-by-side in a single lane with mutual consent, riders should exercise caution and ensure it does not interfere with their ability to maneuver safely.
Compliance with New Jersey motorcycle safety laws is not only essential for preventing accidents but can also impact the outcome of a claim following a crash:
Documenting your compliance (such as wearing a DOT-approved helmet and using proper protective gear) is beneficial in protecting your legal rights if an accident occurs.
Following New Jersey’s motorcycle safety laws is essential for your safety and your legal protection in the event of an accident. Next, we will explore the most common causes of motorcycle accidents in New Jersey and how understanding these risks can help protect you on the road and strengthen your case if you are injured in a crash.
Motorcycle riders face heightened risks on New Jersey roads due to visibility issues, driver negligence, and hazardous conditions.
The most common causes of motorcycle accidents in New Jersey include drivers failing to yield, left-turn collisions, distracted driving, speeding, impaired driving, sudden lane changes by other vehicles, and hazardous road conditions such as potholes and debris. Motorcyclists in New Jersey face significantly higher risks, being over 28 times more likely to die in a vehicle crash than car occupants.
Motorcycle accidents often occur because other drivers fail to detect or yield to motorcyclists in traffic. Common driver-related causes include:
One of the leading causes of severe motorcycle crashes is when a vehicle turns left at an intersection or into a driveway directly into the path of an oncoming motorcycle. Drivers often misjudge the speed or fail to see the motorcycle, leading to side-impact or head-on collisions.
Motorists distracted by mobile devices, navigation systems, or other passengers are less likely to notice motorcycles sharing the roadway. This inattention can result in rear-end collisions, unsafe lane changes, or vehicles pulling out unexpectedly.
Drivers who exceed speed limits or engage in aggressive maneuvers may not have sufficient time to react to a motorcycle, significantly increasing the risk of severe accidents.
Drivers under the influence of alcohol or drugs pose a significant danger to motorcyclists, as impaired reaction times and poor judgment reduce their ability to yield or safely share the road.
While other drivers are often at fault, rider behavior and environmental conditions can also contribute to motorcycle accidents in New Jersey.
Motorcycles are smaller and less visible than cars, making them more vulnerable when drivers change lanes without checking blind spots. Riders should maintain visibility by avoiding prolonged riding in other vehicles’ blind spots.
Potholes, debris, gravel, and uneven pavement pose greater risks for motorcycles than for cars, as motorcycles are less stable and more susceptible to crashes due to sudden surface changes.
Rain, snow, and ice can create slippery road surfaces, reducing tire traction and increasing stopping distances. Riders should adjust speed and braking distance according to weather conditions to reduce risk.
Identifying and understanding the most common causes of motorcycle accidents can help riders:
Additionally, when an accident occurs, understanding how it happened is critical for proving fault in a claim, allowing riders to recover compensation for medical expenses, lost income, and other damages.
Recognizing the most common causes of motorcycle accidents is essential for prevention and legal preparation in the event of a crash. Next, we will guide you through the critical steps to take immediately after a motorcycle accident in New Jersey to protect your health, preserve evidence, and secure your legal rights.
The steps you take immediately after a motorcycle accident can significantly impact your health, recovery, and ability to pursue compensation.
After a motorcycle accident in New Jersey, you should seek immediate medical attention, document the accident scene, collect witness and driver information, file a police report, notify your insurance company, and consult a motorcycle accident lawyer as soon as possible. If another driver caused the crash, injured passengers can file a claim against the at-fault party’s insurance company.
Your first priority after a motorcycle accident is ensuring your safety and health:
Delaying medical care can worsen your injuries and may give insurance companies grounds to dispute the severity or cause of your injuries later.
Evidence collected immediately after the accident is crucial for proving fault and protecting your legal rights. Steps include:
If you are unable to collect this information due to your injuries, ask a trusted friend or family member to assist as soon as possible.
Under New Jersey law, accidents involving injury, death, or property damage exceeding $500 must be reported to the police. A police report provides an official record, which can serve as evidence for insurance claims and legal actions.
Even though New Jersey’s no-fault PIP system does not apply to motorcycles, you should promptly notify your insurance company about the accident. Providing accurate and timely notice can preserve your rights to file claims under your policy, including potential uninsured/underinsured motorist (UM/UIM) benefits if applicable.
Consulting an attorney experienced in New Jersey motorcycle accident claims can help protect your rights and maximize your compensation by:
Early legal intervention is particularly important in motorcycle cases, where injuries are often severe, and liability may be contested by insurers using comparative negligence arguments.
Taking the right steps after a motorcycle accident can make the difference between a strong legal claim and a denied or undervalued case. Next, we will explore the types of compensation available to injured motorcyclists in New Jersey, helping you understand what damages you may recover as you rebuild after a crash.
After a motorcycle accident in New Jersey, many injured riders face overwhelming medical bills, lost wages, and long-term recovery costs.
Injured motorcyclists in New Jersey may recover compensation for medical expenses, lost wages, reduced earning capacity, pain and suffering, property damage, and out-of-pocket costs resulting from a motorcycle accident caused by another party’s negligence. Compensation may cover medical expenses, rehabilitation costs, and long-term care needs for motorcycle accident victims.
In New Jersey, motorcyclists do not receive no-fault PIP benefits, making it critical to pursue medical expense compensation from the at-fault driver’s liability insurance. Recoverable medical costs include:
To secure compensation for medical bills, it is essential to maintain thorough documentation of all treatments, provider invoices, and recommendations for ongoing care.
Motorcycle accident injuries frequently prevent victims from working for extended periods, creating financial stress. Injured riders may recover:
Calculating reduced earning capacity often requires medical and vocational expert analysis to demonstrate how your injuries impact your work abilities and future income.
Pain and suffering compensation addresses the non-economic impacts of your injuries, including:
The value of pain and suffering is typically determined based on the severity of injuries, their long-term impact, and how they affect your daily life.
In addition to bodily injury claims, injured motorcyclists can recover the cost of:
Maintaining receipts and records for these expenses can strengthen your property damage claim and ensure you receive full reimbursement.
If a motorcycle accident results in a rider’s death, surviving family members may pursue a wrongful death claim under New Jersey law. Potential recoverable damages include:
Wrongful death claims are subject to New Jersey’s two-year statute of limitations and should be pursued promptly to protect your rights.
Understanding the types of compensation available after a motorcycle accident in New Jersey helps riders and their families plan for recovery while holding negligent parties accountable. Next, we will examine how insurance companies handle motorcycle accident claims in New Jersey and what injured riders should expect when seeking compensation through insurance.
After a motorcycle accident in New Jersey, understanding how insurance companies process claims can help you protect your rights and maximize your recovery.
Insurance companies handling motorcycle accident claims in New Jersey investigate fault, review medical records, assess damages, and often attempt to settle claims for the lowest possible amount, making it critical for injured riders to document evidence and understand the claims process. Insurance companies often attempt to minimize payouts or deny claims involving motorcyclists due to the biases against them.
Unlike car accidents in New Jersey, motorcycle accidents are not covered by PIP, so fault plays a central role in recovering compensation. Insurance companies will:
During this process, insurance adjusters will look for any evidence that could place partial fault on the motorcyclist, which could reduce compensation under New Jersey’s comparative negligence law.
To evaluate a claim, insurers will closely examine the rider’s medical records to determine:
Insurance companies may request signed medical authorizations to access your records. Riders should be cautious and consult with an attorney before signing broad releases, as insurers may look for unrelated medical issues to challenge claims.
Insurance companies often seek to settle claims quickly for the lowest amount possible. Common tactics include:
Insurers may present a fast, low settlement before the full extent of your injuries and future costs are clear, hoping to close the claim before additional expenses emerge.
Insurers may argue that injuries are less severe than reported or that they resulted from pre-existing conditions rather than the accident.
By asserting that the rider was partially at fault for the accident, insurers can attempt to reduce the payout under New Jersey’s comparative negligence rules.
Insurers may review a rider’s social media accounts to find posts or photos they can use to dispute the severity of injuries or restrictions claimed.
To protect your claim and strengthen your position:
Understanding how insurance companies handle motorcycle accident claims helps riders avoid costly mistakes and unfair settlements while ensuring they receive the compensation needed for recovery. Next, we will discuss what happens if your motorcycle accident case goes to court in New Jersey and what to expect during litigation.
While many motorcycle accident claims settle outside of court, some cases proceed to litigation to secure fair compensation for injured riders.
If your motorcycle accident case goes to court in New Jersey, the process typically includes filing a complaint, pre-trial discovery, settlement discussions, and a trial where a judge or jury determines fault and compensation if no agreement is reached.
Most motorcycle accident cases in New Jersey are settled through negotiations with the at-fault party’s insurance company. However, your case may proceed to litigation if:
Litigation allows a neutral party—a judge or jury—to evaluate the evidence and determine fault and compensation.
Your attorney will file a formal complaint in the appropriate New Jersey court, outlining the accident details, your injuries, and the compensation you seek.
This phase allows both parties to gather and exchange information, including:
Discovery ensures both sides understand the evidence and the issues before trial.
Before the trial, either party may file motions to resolve legal issues or limit evidence. Settlement negotiations and mediation often occur during this phase, and many cases resolve before reaching trial.
If no settlement is reached, your case will proceed to trial, where:
Trials can vary in length from a few days to several weeks, depending on case complexity and the number of witnesses involved. During the trial:
If you win your case, the court will issue a judgment specifying the amount of compensation you are awarded. The defendant may pay immediately, or additional steps may be required to collect the judgment.
While litigation can lead to higher compensation, it also involves:
Your attorney will help you weigh the benefits and challenges of proceeding to trial versus accepting a settlement, always prioritizing your best interests and recovery.
Understanding what happens if your motorcycle accident case goes to court in New Jersey prepares you for the possibility of litigation and allows you to make informed decisions about your case. Next, we will cover how a motorcycle accident lawyer can help maximize your settlement in New Jersey, ensuring you are fully supported during the recovery process.
Hiring a knowledgeable motorcycle accident lawyer can be one of the most important steps you take after a crash in New Jersey.
A motorcycle accident lawyer maximizes your settlement in New Jersey by thoroughly investigating your case, proving fault with clear evidence, calculating all your damages accurately, negotiating strategically with insurers, and pursuing litigation if needed to secure the compensation you deserve.
Securing a fair settlement starts with a strong, evidence-based case that clearly shows the other party’s fault and the full extent of your losses. A skilled lawyer will:
This groundwork ensures your case is positioned for effective negotiation or trial if necessary.
A common tactic used by insurance companies is undervaluing claims by minimizing injuries or questioning the need for future treatment. A lawyer prevents this by thoroughly calculating:
These include medical bills, lost income during recovery, and future treatment or rehabilitation costs. An attorney will organize bills, wage statements, and expert evaluations to support these claims.
These damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life resulting from the accident. Properly quantifying these requires clear narratives and medical support.
If your injuries lead to long-term disabilities, a lawyer will calculate future lost earnings and the costs of ongoing care to ensure they are included in your claim.
| Damage Type | Examples |
|---|---|
| Medical Expenses | ER visits, surgeries, therapy, medications |
| Lost Income | Missed work, reduced earning capacity |
| Pain and Suffering | Physical pain, emotional distress |
| Property Damage | Motorcycle repairs or replacement |
Insurers may attempt to pressure injured riders into accepting quick settlements that do not reflect the true value of their case. An experienced lawyer counters these tactics by:
If the insurance company refuses to make a reasonable offer, your lawyer will be prepared to take the case to court, where evidence and expert testimony can be presented before a judge or jury to pursue full compensation.
Beyond legal tactics, having a lawyer protects your peace of mind while you recover. Your attorney will:
This support allows you to focus on healing while your lawyer protects your financial future.
Hiring a motorcycle accident lawyer in New Jersey empowers you to pursue the maximum compensation available while protecting your rights throughout the process. By building a robust case, documenting your losses fully, and negotiating strategically, your lawyer serves as your advocate in securing a fair settlement or winning your case in court if needed.
You deserve clear answers, strong advocacy, and the maximum compensation the law allows after a motorcycle accident.
At Mattiacci Law, we have decades of experience protecting injured riders in New Jersey. We understand the challenges motorcycle accident victims face with medical bills, lost income, and complex insurance issues. Our team is ready to investigate your case, prove fault, and fight to secure the compensation you need for your recovery.
We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case.
Call us now at 215-914-6919 to speak directly with an attorney about your motorcycle accident case.
Or, if you prefer, contact us online and we will reach out promptly to discuss your options and next steps.
