Motorcycle Accident Lawyer in New Jersey

New Jersey Motorcycle Accident Attorney

A motorcycle accident can leave a rider with injuries that are severe, life-altering, and slow to heal. Without the protection of an enclosed vehicle, the physical consequences of even a lower-speed collision can be catastrophic, and the road to recovery can be long. At the same time, insurance companies often treat motorcyclists unfairly, exploiting bias to minimize or deny legitimate claims. At the Law Office of David H. Kaplan, we represent injured riders throughout New Jersey and fight to make sure they are treated fairly and compensated fully.

Why Motorcycle Accident Cases Are Different

Motorcycle accident claims present unique challenges. Riders are frequently blamed for accidents caused by other drivers, and insurance companies often exploit bias against motorcyclists to minimize or deny claims. An experienced attorney who understands how these cases work, and how to counter these tactics, can make a significant difference in the outcome of your case.

Common Causes of Motorcycle Accidents in New Jersey

Most motorcycle accidents are caused by the negligence of other drivers, not the rider. Common causes include:

• Drivers failing to see a motorcyclist when changing lanes or turning

• Left-turn accidents where a driver turns into the path of an oncoming motorcycle

• Distracted, impaired, or fatigued drivers

• Drivers following too closely and rear-ending a motorcycle

• Defective road conditions such as potholes, debris, or unmarked hazards

• Defective motorcycle parts or equipment failures

How New Jersey’s No-Fault Insurance Rules Apply to Motorcycles

It is important to understand that New Jersey’s no-fault Personal Injury Protection (PIP) system does not apply to motorcycles. Motorcyclists are not required to carry PIP coverage and cannot access no-fault benefits the way car accident victims can. This means that after a motorcycle accident, you typically must pursue a claim directly against the at-fault driver’s liability insurance, or your own uninsured/underinsured motorist coverage if the at-fault driver lacks adequate insurance.

This distinction makes it especially important to work with an attorney who understands the specific rules that apply to motorcycle accident claims in New Jersey.

Common Injuries in Motorcycle Accidents

Motorcycle accident injuries are frequently severe and often require extensive medical treatment. Common injuries include:

• Traumatic brain injury (TBI)

• Spinal cord injuries and paralysis

• Broken bones and fractures

• Road rash and soft tissue injuries

• Internal injuries

• Limb loss or amputation

• Facial injuries and scarring

What Compensation Can You Recover?

If you were injured in a motorcycle accident caused by another driver’s negligence, you may be entitled to recover:

• Medical expenses, including future treatment and rehabilitation

• Lost wages and loss of earning capacity

• Pain and suffering

• Permanent disability or disfigurement

• Emotional distress including depression, anxiety, and PTSD

• Property damage to your motorcycle

• Loss of enjoyment of life

What Is the Statute of Limitations for Motorcycle Accident Claims in New Jersey?

In New Jersey, you generally have two years from the date of the accident to file a personal injury lawsuit. As with car accidents, claims involving government-owned vehicles or roads may require a notice of tort claim to be filed within 90 days. Do not wait to consult an attorney. Evidence can disappear and witnesses’ memories fade quickly after an accident.

Frequently Asked Questions

Does New Jersey require motorcyclists to wear helmets?

Yes. New Jersey law requires all motorcycle operators and passengers to wear helmets that meet Department of Transportation (DOT) standards. Failure to wear a helmet does not bar you from recovering compensation, but the defense may argue it contributed to the severity of your head injuries.

What if I was partially at fault for the motorcycle accident?

New Jersey’s modified comparative negligence rule applies to motorcycle accidents. You can still recover compensation as long as you were not more than 50% at fault. Your recovery will be reduced by your percentage of fault.

What if the driver who hit me does not have insurance?

You may be able to recover through your own uninsured motorist (UM) coverage. If you have underinsured motorist (UIM) coverage and the at-fault driver’s policy limits are insufficient to cover your damages, your UIM coverage may provide additional compensation.

Should I give a recorded statement to the insurance company?

No, not before speaking to an attorney. Insurance adjusters are trained to ask questions in ways that can minimize your claim or be used against you later. You are not required to give a recorded statement to the other driver’s insurance company.

How soon should I contact an attorney after a motorcycle accident?

As soon as possible. Evidence at the scene, skid marks, debris, vehicle positioning, disappears quickly. Witness information needs to be secured early. And the sooner an attorney is involved, the better positioned you are to deal with the insurance companies from the start.