Motorcycle accidents often result in serious or even life-altering injuries due to the limited protection riders have compared to other motorists. Common causes include speeding drivers, failure to yield, and hazardous road conditions. New Jersey law allows injured motorcyclists to pursue compensation from at-fault drivers and third parties. However, motorcycle accident claims are often more complex than standard car crash cases, especially when insurers try to blame the rider.
This page explains motorcycle accident claims in New Jersey, what damages may be available, and how liability is determined.
Why Injured Riders Turn to Nagel Rice LLP
Motorcycle accident claims require a legal team that understands the physical, financial, and legal challenges riders face. At Nagel Rice LLP, we’ve helped injury victims throughout New Jersey recover compensation after devastating crashes.
Clients trust us because:
- We have decades of experience with serious injury and wrongful death claims
- Our attorneys understand the unique factors involved in motorcycle collisions
- We consult with accident reconstructionists and medical experts when needed
- We negotiate with insurers and go to trial when settlement offers fall short
If you’ve been injured in a motorcycle accident, contact us today for a free consultation.
What Causes Most Motorcycle Accidents?
Many motorcycle crashes happen not because of the rider’s actions, but because of the negligence of others on the road. Common causes include:
- Drivers making unsafe lane changes without checking blind spots
- Left-turn collisions at intersections
- Rear-end impacts caused by distracted driving
- Opening car doors into the path of oncoming motorcycles
- Road hazards like potholes, gravel, or uneven surfaces
- Speeding or impaired driving
In multi-vehicle crashes involving motorcycles, it’s common for the at-fault driver to say they “didn’t see” the rider. While visibility can be a factor, it doesn’t excuse negligent driving.
Who Can Be Held Liable for a Motorcycle Accident?
Liability in a motorcycle accident depends on how the crash happened and who contributed to it. Potentially liable parties may include:
- A negligent driver who caused the collision
- A trucking company or commercial vehicle operator
- A government agency responsible for dangerous road conditions
- A motorcycle or parts manufacturer (in product defect cases)
- A bar or restaurant that overserved an intoxicated driver (under dram shop laws)
New Jersey follows modified comparative fault rules, meaning a rider can still recover damages if they are less than 51% at fault—but their percentage of fault reduces their compensation. That makes detailed evidence and legal advocacy especially important.
What Compensation Can Injured Riders Seek?
If another party is responsible for the crash, you may be able to recover compensation for both economic and non-economic losses.
This may include:
- Emergency room and hospital costs
- Surgery and ongoing medical treatment
- Physical therapy and assistive devices
- Lost income and reduced earning ability
- Pain and suffering
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Property damage to the motorcycle
In fatal motorcycle accident cases, surviving family members may also bring a wrongful death claim for funeral costs, loss of support, and emotional damages.
How Insurance Affects a Motorcycle Injury Claim
Motorcycle insurance works differently from standard auto insurance in New Jersey. Notably:
- Motorcyclists are not covered by PIP (Personal Injury Protection) under NJ no-fault laws
- Injured riders must pursue compensation from the at-fault driver’s liability insurance or their own health insurance
- Optional coverage, like uninsured/underinsured motorist (UM/UIM), can be critical if the other driver has inadequate coverage
Because motorcycles are excluded from the no-fault system, even relatively minor crashes can lead to disputes with insurers about fault, injury severity, or coverage limits.
When to Contact a Motorcycle Accident Attorney
Motorcycle accident claims can be more difficult than traditional car accident cases because of the bias against riders and the severity of injuries involved. Insurers may try to blame the motorcyclist, minimize damages, or drag out the process hoping you’ll settle for less.
At Nagel Rice, we understand these tactics—and how to counter them. Our attorneys investigate the crash, gather expert reports, document injuries, and advocate for the full value of your claim. We don’t hesitate to take cases to trial when insurers refuse to offer a fair settlement. Contact us today to speak with an experienced motorcycle accident attorney.
Frequently Asked Questions
Do I have to wear a helmet to file a motorcycle accident claim in New Jersey?
Yes, New Jersey law requires all motorcyclists and their passengers to wear helmets. However, failing to wear a helmet does not automatically prevent you from filing a personal injury claim. It may affect how damages, particularly head injury claims, are evaluated, but you can still pursue compensation if another party was at fault.
How long do I have to file a motorcycle accident lawsuit in New Jersey?
In most cases, the statute of limitations is two years from the date of the accident. If you miss this deadline, you may lose your right to pursue compensation. There are exceptions for government-related claims and cases involving minors, so it’s best to speak with an attorney as soon as possible.
Can I recover damages if road conditions caused my motorcycle crash?
Potentially, yes. If poor road maintenance (e.g., potholes, uneven surfaces, or missing signage) contributed to your crash, you may have a claim against the government entity responsible for the roadway. These cases involve shorter notice deadlines and additional procedural steps, so legal help is essential.