New Jersey Motorcycle Accident Lawyers
The Unique Aspects of Motorcycle Crashes and Injuries in New Jersey
Motorcycle crashes are among the most catastrophic motor vehicle accidents on New Jersey roads. While motorcycles offer a sense of freedom and adrenaline that other vehicles cannot match, that freedom comes with significantly increased risk. At our firm, we have seen firsthand the devastating toll that motorcycle crashes can take with both the physical injury and also the emotional and financial toll.
New Jersey motorcyclists face unique legal and safety challenges that car and truck drivers do not. From the absence of Personal Injury Protection (PIP) benefits to the reality that many motorists fail to notice motorcycles at all, these riders must navigate a far more dangerous road—both literally and legally. Another huge issue is that motorcycle injuries are typically much more serious and if a car driver negligently caused the crash, many times that car driver does not carry enough insurance to cover the injuries caused by that crash. We urge all motorcycle drivers to carry as much Under Insured Motorist coverage as they can afford.
Because of those unique legal challenges, we will explore the key legal, medical, and practical considerations that make motorcycle accidents distinct from other types of motor vehicle collisions in New Jersey. Anyone seriously injured in a motorcycle crash should seek out an experienced motorcycle accident lawyer right away to navigate these issues.
The Harsh Reality: No PIP Coverage for Motorcyclists in New Jersey
One of the most significant and often overlooked legal aspects of motorcycle accidents in New Jersey is the absence of PIP coverage for injured motorcyclists.
Under New Jersey’s no-fault insurance system, drivers of standard motor vehicles are entitled to PIP benefits. These benefits provide immediate medical coverage regardless of who caused the crash, covering hospital bills, doctors’ fees, and sometimes lost wages. However, motorcycle operators and their passengers are explicitly excluded from these protections under N.J.S.A. 39:6A-2.
What Does This Mean in Practice?
If you are riding a motorcycle and are hit by a car, your auto insurance will not pay for your medical expenses—even if the crash was not your fault. Unless you have private health insurance or optional medical payment coverage (which many riders do not purchase due to its high cost), you may be left scrambling to pay your bills or seeking treatment from providers who demand payment upfront.
This is one of the harshest aspects of New Jersey’s insurance law for bikers and highlights why riders should be encouraged to consult with a motorcycle accident injury attorney immediately after a crash.
Riders Face Disproportionate Injuries
When a car is hit, the steel frame, airbags, and crumple zones work to absorb much of the impact. Motorcycles, on the other hand, offer no such protection. Even a low-speed crash can eject a rider, throw them into oncoming traffic, or crush limbs under a larger vehicle. These accidents often result in:
- Traumatic brain injuries (even when a helmet is worn)
- Severe road rash leading to infections
- Spinal cord injuries and paralysis
- Broken bones and crushed limbs
- Internal organ damage
- Death
In fact, motorcyclists are roughly 28 times more likely to die in a crash than occupants of passenger cars, according to the National Highway Traffic Safety Administration (NHTSA).
These injuries often require prolonged hospitalization, surgeries, physical rehabilitation, and significant changes to a victim’s lifestyle. That’s why calculating the full value of damages is especially important in motorcycle accident cases. This is more than just about today’s bills, but the long-term impact on your health, ability to work, and quality of life. A skilled motorcycle accident lawyer can help you fight for the compensation you need to move forward.
Car Drivers Often "Don't See" Motorcycles
One of the most common statements we hear from drivers who hit motorcyclists is this: “I didn’t see them.”
That simple statement speaks volumes about the reality motorcyclists face every day. Most vehicle drivers are simply not looking for motorcycles. Their eyes and brains are conditioned to notice other cars and trucks—not smaller, faster, two-wheeled vehicles.
This unconscious bias has real-world consequences. Motorcycle riders are often victims of:
- Left-turn collisions, where a driver turning left at an intersection fails to see an oncoming motorcycle.
- Lane-change accidents, where a driver sideswipes a motorcycle already occupying the lane.
- Rear-end crashes, where a driver fails to appreciate how quickly a motorcycle can stop or slow down at intersections.
- Dooring incidents, where a parked driver opens their car door into an oncoming rider.
To stay safe, motorcyclists often must drive defensively to a degree that far exceeds what is required of other drivers. They must anticipate mistakes by others and be constantly alert - because one small misjudgment from another driver can result in fatal consequences. If you or a loved one has been injured in one of these scenarios, a New Jersey motorcycle accident lawyer can help you understand your rights and fight for the justice you deserve.
The Bias Against Motorcycle Riders
When a motorcycle crash happens, bias against the rider can creep in from multiple sources—police officers, insurance adjusters, and even jurors. Riders are often unfairly stereotyped as reckless or thrill-seeking, which can color perceptions of how and why an accident occurred.
This bias can hurt an injured motorcyclist’s claim, particularly when the facts of the crash are ambiguous. For example, in a situation where both parties claim the other was at fault, a jury may be inclined to believe that the rider was speeding, weaving through traffic, or otherwise engaging in risky behavior—even when that is not supported by the evidence.
An experienced motorcycle accident attorney knows how to counter this bias by collecting critical evidence, using expert testimony, and framing the rider as a responsible, law-abiding citizen who was simply trying to get from Point A to Point B safely.
How Liability is Determined in NJ Motorcycle Crashes
New Jersey follows a modified comparative negligence rule, codified in N.J.S.A. 2A:15-5.1, which means you can still recover damages if you are partially at fault—but only if your fault is less than 51%.
If you are found to be 50% or less responsible, your award will be reduced by your percentage of fault. If you are 51% or more responsible, you recover nothing.
This rule underscores the importance of thorough accident investigation and strong legal advocacy. Small factual disputes can make a big difference in a case. For instance:
- Was the motorcycle visible to the driver?
- Was the rider wearing visible clothing or reflective gear?
- Was the rider speeding, or did the driver misjudge the rider's speed?
- Were there witnesses, traffic cameras, or dash cam footage?
All of these details matter when determining liability and ultimately securing fair compensation. A knowledgeable motorcycle accident lawyer can investigate the facts, preserve crucial evidence, and build a compelling case to protect your rights.
Damages Available to Injured Motorcyclists
Although PIP coverage is unavailable, motorcycle crash victims can pursue a broader range of damages through a third-party personal injury claim, including:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage (to the motorcycle and gear)
In the event of a fatal accident, surviving family members may bring a wrongful death claim, seeking damages for loss of companionship, financial support, and funeral expenses.
What to Do After a Motorcycle Accident in New Jersey
If you’re a rider and are involved in a crash in New Jersey, it’s critical to act quickly and smartly:
- Call 911 and request medical attention even if you feel "okay." Injuries often manifest hours or days later.
- Document the scene—take photos of the vehicles, road conditions, skid marks, and injuries if possible.
- Get witness information before they leave the scene.
- Avoid statements that admit or suggest fault—these can be used against you later.
- Contact an experienced motorcycle accident lawyer as soon as possible to begin preserving evidence and navigating your options.
How Our Firm Helps Injured Motorcyclists
At our firm, we understand what’s at stake after a motorcycle accident. We bring decades of experience, tenacity, and compassion to every case. Our motorcycle accident attorneys work quickly to:
- Investigate the crash
- Identify all possible sources of insurance coverage
- Push back against biased insurance tactics
- Maximize recovery for medical costs, lost income, and pain and suffering
We also make sure our clients are treated fairly and with dignity—because riders are not second-class citizens. They have every right to use the roads safely and to be compensated fully when someone else’s negligence takes that away from them.
Final Thoughts and Calling Our NJ Law Firm for a Free Consultation
Motorcycle crashes are not just “regular car accidents on two wheels.” They are legally, medically, and emotionally complex cases that demand focused expertise and aggressive advocacy. Riders in New Jersey face unique risks and disadvantages, from lack of PIP coverage to systemic bias and heightened injury severity. Please call our firm today to schedule a free consultation to go over the legal challenges with a knowledgeable motorcycle accident attorney if you have suffered injuries in a motorcycle crash.
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Locations We Proudly Serve
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Passaic County
1599 Hamburg Turnpike, Suite A
Wayne, NJ 07470 -
Hudson County
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Hoboken, NJ 07030 -
Bergen County
3 University Plaza, Suite 207
Hackensack, NJ 07601 -
Hudson County
1 Harmon Meadow Blvd Ste 201,
Secaucus New Jersey 07094 -
Essex County
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Newark, NJ 07102