Personal injury attorneys. Free consultation — no fee unless we win.

Attorneys reviewing New Jersey motorcycle accident cases

On this page
  1. Key New Jersey rules
  2. Does New Jersey PIP cover motorcycle riders?
  3. What helmet rules apply in New Jersey?
  4. Where do New Jersey motorcycle crashes happen?
  5. How does fault work in a New Jersey motorcycle crash?
  6. What injuries and losses should riders document?
  7. What should I do after a motorcycle crash in New Jersey?
  8. Common motorcycle accident cases
  9. Attorneys reviewing these cases
  10. Frequently Asked Questions

Key New Jersey rules for motorcycle accident claims

Personal injury filing deadline
2 years
Fault rule
Modified comparative fault (51% bar)Your award is reduced by your share of fault, and you cannot recover anything if you are found more than 50% at fault (51% or more).
Claims against a government entity
Shorter notice deadlineClaims against public entities require a notice of claim within 90 days.

Does New Jersey PIP cover motorcycle riders?

Generally, no. New Jersey's PIP system is built around cars, and motorcycles are generally outside it. That means riders usually cannot rely on PIP for medical bills after a crash.

Instead, riders often turn to:

  • Health insurance, which may need to be repaid from a settlement.
  • Medical payments coverage on the motorcycle policy, if purchased.
  • The at-fault driver's liability insurance, once fault is established.
  • Uninsured and underinsured motorist coverage on the motorcycle policy.

Because PIP generally does not apply, the lawsuit threshold that limits many car occupants' pain and suffering claims usually does not apply to riders in the same way. The details depend on your policies and household coverage, so our team reviews them closely.

What helmet rules apply in New Jersey?

New Jersey requires all motorcycle riders and passengers to wear an approved helmet. Riders who were not wearing one were breaking the law, and insurers often raise that after a crash.

The insurer may argue that a helmet would have reduced a head injury. That argument generally affects damages for that injury, not who caused the crash. It has no bearing on fractures, road rash or other injuries a helmet would not have prevented.

Where do New Jersey motorcycle crashes happen?

On crowded highways, Shore routes and scenic back roads. New Jersey's density means riders share the road with heavy traffic almost everywhere.

Risk points include:

  • Turnpike, Parkway and interstate traffic with frequent lane changes.
  • Shore routes in summer, with heavy tourist traffic and drivers looking for parking.
  • Scenic roads in the northwest hills, with curves, gravel and wildlife.
  • Busy suburban highways with driveways, jughandles and frequent turns.
  • Potholes and road defects after winter.

Jughandle turns, common in New Jersey, can confuse out-of-state drivers and lead to sudden lane changes. When a road defect causes a crash on a public road, a notice of claim is generally required within 90 days.

The most common serious crash pattern is the same here as everywhere: a driver turning left across a rider's path, or pulling out from a side street, because the driver looked for cars and did not register a motorcycle. On crowded New Jersey roads, riders also face drivers who drift between lanes while reading phones in stop-and-go traffic, and drivers who open doors into traffic on narrow downtown streets. Summer weekends at the Shore add impaired drivers leaving bars and restaurants late at night. Each of these patterns leaves physical evidence, such as the point of impact and the final resting positions of the vehicles, that a reconstruction expert can use to show what really happened.

How does fault work in a New Jersey motorcycle crash?

Your award is reduced by your share of fault, and you recover nothing if your share is greater than the defendants' combined fault. Riders often face bias, so insurers push for high percentages.

Suppose a car pulls out of a shopping center driveway on Route 35 into your path. Your damages total $200,000. The insurer argues you were speeding. If a jury assigns you 20% of the fault, you receive $160,000. If it assigns 40%, you receive $120,000. If it assigns 51%, you receive nothing.

Evidence that answers speed arguments includes video from nearby businesses, damage patterns, witness statements and sight-line measurements. Many New Jersey roads are lined with businesses that have cameras, but footage is often kept only for a short time.

What injuries and losses should riders document?

Everything. Motorcycle injuries are often severe and long-lasting, including fractures, road rash, brain injuries and spinal injuries.

Document medical bills, future care needs, lost work and the loss of activities you enjoyed. Keep damaged gear, which is part of the claim and also shows how the crash happened. Because health insurance often pays first for riders, track every lien that may claim repayment. Severe injuries are covered on our catastrophic injuries page.

What should I do after a motorcycle crash in New Jersey?

Get medical care right away, then protect your claim.

  1. Report the crash and get the police report number.
  2. Keep the bike, helmet and gear as they are.
  3. Photograph the scene, road surface and vehicles.
  4. Get contact details from witnesses.
  5. Notify your motorcycle insurer and your health insurer.
  6. Talk with our team before giving any statement.

You generally have two years to file suit. Learn more on our motorcycle accidents practice page and our New Jersey injury law overview. Our New Jersey car accident page explains PIP for car occupants.

Attorneys reviewing New Jersey motorcycle accident cases

Frequently Asked Questions

If I own a car, does my auto PIP cover my motorcycle crash in New Jersey?

Generally, no. Auto PIP in New Jersey is designed for crashes involving cars, and injuries while riding a motorcycle are usually outside it. Your health insurance and motorcycle medical payments coverage, if any, are more likely to apply. Policy language matters, so our team reviews every policy in your household.

Can I recover if I was not wearing a helmet in New Jersey?

Yes, you can still bring a claim against the driver who caused the crash. Because New Jersey requires helmets, the insurer will likely argue that a helmet would have reduced a head injury. That usually affects damages for that injury, not fault for the crash itself.

What if a pothole caused my motorcycle crash in New Jersey?

If the road is maintained by a town, county or the state, a notice of claim is generally required within 90 days. Public entities have certain protections, and claims against them face special rules. Photograph the pothole with a reference for size, and contact a lawyer right away.

Does the New Jersey lawsuit threshold limit my motorcycle claim?

Usually not in the same way it limits car occupants, because riders are generally outside the PIP system that the threshold is tied to. That can allow a rider to pursue pain and suffering without proving a permanent injury. Household auto policies can complicate this, so have your policies reviewed.

General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

Hurt in New Jersey? Don't miss your deadline.

Free, confidential consultation. No attorney fee unless we recover compensation for you.

Schedule a Consultation