Why Are Motorcycle Accidents Different in New Jersey?

Motorcyclists are disproportionately vulnerable on the road. Unlike drivers in enclosed vehicles, they lack airbags, seatbelts, and structural protection, making injuries far more severe in crashes. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 28 times more likely to die in a crash than occupants of passenger vehicles.

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When a motorcycle collides with a car or truck, several factors come into play:

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1. Visibility Issues

Motorcycles are smaller and harder to see, leading to accidents where drivers claim they "didn’t see the rider." Common visibility-related accidents include:

- Left-turn accidents (cars turning in front of motorcycles)

- Lane-change collisions (drivers merging into motorcycles)

- Rear-end crashes (often due to distracted driving)

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New Jersey law requires drivers to exercise reasonable care when sharing the road with motorcyclists. If a driver fails to check blind spots or misjudges a motorcycle’s speed, they may be held liable.

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2. Road Hazards

Potholes, debris, and uneven pavement affect motorcycles more than cars, sometimes causing loss of control. While municipalities have a duty to maintain safe roads, proving negligence can be difficult. An experienced attorney can help determine if poor road conditions contributed to the crash.

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3. Driver Negligence

Common negligent behaviors that lead to motorcycle accidents include:

- Distracted driving (texting, eating, adjusting GPS)

- Speeding or aggressive driving

- Failure to yield right-of-way

- Driving under the influence (DUI)

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4. Bias Against Motorcyclists

Some insurance companies and juries assume motorcyclists are reckless, which can unfairly impact liability determinations. Overcoming this bias requires strong evidence, such as:

- Helmet use (New Jersey requires all riders to wear helmets)

- Proof of obeying traffic laws (speed limits, lane positioning)

- Eyewitness testimony

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How Is Fault Determined in Motorcycle vs. Car/Truck Accidents?

New Jersey follows a modified comparative negligence rule, meaning a motorcyclist can still recover damages as long as they are less than 51% at fault. However, proving the other driver’s liability requires strong evidence, such as:

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Key Evidence in Motorcycle Accident Cases

- Police reports – Official documentation of the accident scene, including citations issued.

- Witness statements – Neutral accounts supporting the motorcyclist’s version of events.

- Traffic camera or dashcam footage – Visual proof of how the collision occurred.

- Medical records – Linking injuries directly to the accident.

- Expert testimony – Accident reconstruction specialists can explain how the crash happened.

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Common Scenarios Where Drivers Are at Fault

1. Left-Turn Accidents

- A car turning left fails to yield to an oncoming motorcycle.

- Often caused by misjudging the motorcycle’s speed or not seeing it at all.

2. Lane-Splitting Accidents

- While lane splitting (riding between lanes of slow-moving traffic) is illegal in NJ, drivers may still share blame if they suddenly change lanes without signaling.

- Rear-End Collisions

Often due to tailgating or distracted driving.

Even if a motorcyclist brakes suddenly, drivers must maintain a safe following distance.

3. Dooring Accidents

- When a parked car opens a door into a motorcyclist’s path.

- New Jersey law requires drivers to check for traffic before opening doors.

4. Truck Blind Spot Accidents

- Large trucks have significant blind spots where motorcycles can disappear from view.

- Truck drivers must use mirrors and proper lane discipline to avoid collisions.

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Overcoming Bias Against Motorcyclists

Unfortunately, some insurance adjusters and jurors hold stereotypes that motorcyclists are inherently reckless. To counter this, your legal strategy should include:

- Demonstrating adherence to traffic laws (e.g., wearing a helmet, obeying speed limits).

- Highlighting the driver’s negligence (e.g., texting while driving, running a red light).

- Presenting medical evidence to show the severity of injuries.

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How New Jersey’s Helmet Law Affects Your Case

New Jersey is one of the few states with a universal helmet law, meaning all riders must wear DOT-approved helmets. If a motorcyclist wasn’t wearing a helmet, the defense might argue contributory negligence, potentially reducing compensation. However, an attorney can argue that helmet use does not excuse the other driver’s negligence.

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What Compensation Can You Recover?

If you’ve been injured in a motorcycle accident, you may be entitled to:
✔ Medical expenses (hospital bills, surgeries, rehabilitation)
✔ Lost wages (if injuries prevent you from working)
✔ Pain and suffering (physical and emotional distress)
✔ Motorcycle repair or replacement costs
✔ Punitive damages (in cases of extreme negligence, like drunk driving)

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What Should You Do After a Motorcycle Accident in NJ?

1. Seek Immediate Medical Attention

- Even if injuries seem minor, some symptoms (like concussions or internal bleeding) may appear later.

- Medical records are crucial evidence for your claim.

2. Report the Accident to Police

- An official police report helps establish fault.

3. Gather Evidence

- Take photos of the accident scene, vehicle damage, and injuries.

- Get contact information from witnesses.

4. Avoid Discussing Fault

- Do not admit fault or give recorded statements to insurance adjusters without legal advice.

5. Consult a Motorcycle Accident Attorney

- Insurance companies often try to minimize payouts. A lawyer can negotiate on your behalf.

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Why Legal Representation Matters

Insurance companies often try to shift blame onto motorcyclists to reduce settlements. An experienced New Jersey personal injury attorney can:

- Investigate the accident thoroughly (obtaining traffic cam footage, hiring experts).

- Negotiate with insurers for a fair settlement.

- File a lawsuit if necessary to maximize compensation.

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Frequently Asked Questions (FAQs)

1. What should I do immediately after a motorcycle accident in NJ?

Seek medical attention first, even if injuries seem minor. Call the police to file a report, document the scene with photos, and collect witness information. Avoid discussing fault with other drivers or insurers.

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2. How is fault determined in a motorcycle vs. car accident?

New Jersey follows modified comparative negligence rules. If the motorcyclist is less than 51% at fault, they can still recover damages. Evidence like police reports, witness statements, and traffic camera footage helps establish liability.

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3. Can I still recover compensation if I wasn’t wearing a helmet?

Yes, but your compensation may be reduced if the defense argues your injuries were worsened by not wearing a helmet. New Jersey has a universal helmet law, so violating it could impact your claim.

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4. How long do I have to file a motorcycle accident claim in NJ?

The statute of limitations is two years from the accident date for personal injury claims. For property damage, you have six years.

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5. What if the driver who hit me says they didn’t see me?

This is a common defense, but drivers have a duty to check blind spots and yield to motorcycles. An attorney can use accident reconstruction and visibility studies to counter this argument.

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Need Help After a Motorcycle Accident in NJ?

Don’t let reckless drivers and biased insurers deny you fair compensation. Sarofiem & Antoun stands with injured riders, using crash reconstruction, medical experts, and aggressive negotiation to secure maximum compensation for your injuries, lost wages, and suffering. Whether you were hit by a careless driver, a commercial truck, or faced road hazards, call us today for a free, no-pressure consultation. We don’t get paid unless you win.

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We'll review your case, explain your rights under New Jersey law, and help you make informed decisions about how to proceed. Remember, the sooner you seek legal advice, the better we can protect your family's interests.

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