Do You Have To Wear Motorcycle Helmets in New Jersey? Legal Guide for Riders

A New Jersey motorcycle accident attorney can make a critical difference after a serious crash. In 2021, the New Jersey State Police reported more than 2,200 motorcycle accidents across the state, leading to 80 fatalities and countless injuries. These statistics underscore the risks of riding in New Jersey. After a crash, you may face steep medical bills, lost income, and a lengthy recovery.

At Maggiano, DiGirolamo & Lizzi, P.C., we work to help injured motorcyclists pursue the compensation they may be entitled to. Call (201) 585-9111 to schedule a free consultation and learn how we can assist with your case.

Why Motorcycle Accidents Often Result in More Severe Injuries

Riding a motorcycle offers a sense of freedom and connection to the road that few other vehicles can match. However, that same openness also creates serious risks. 

When a motorcycle accident occurs, the consequences are often far more severe than those seen in passenger vehicle collisions. Without the protection of a metal frame, airbags, or seatbelts, riders are fully exposed and often absorb the full impact of a crash.

How Driver Negligence Leads to Serious Motorcycle Crashes in New Jersey

Many of the most devastating motorcycle accidents in New Jersey are caused by the careless actions of other drivers. A significant number of crashes occur because motorists fail to notice motorcycles, particularly while making left-hand turns at busy intersections such as those along Route 4 or Route 17. 

Unsafe lane changes on heavily trafficked highways like the New Jersey Turnpike and Garden State Parkway are another major cause. Drivers may also misjudge a motorcycle’s speed or distance, resulting in dangerous miscalculations. Distracted driving continues to be a leading factor in accidents across communities from Fort Lee to Hackensack. 

In addition, road hazards that might be minor for cars, such as potholes, loose gravel, or debris, can prove deadly for motorcyclists due to the lack of stability and protection.

The Life-Altering Injuries Common in Motorcycle Collisions

Because of their vulnerability, motorcyclists often suffer catastrophic injuries in crashes. A New Jersey motorcycle accident attorney frequently represents clients coping with traumatic brain injuries, spinal cord damage, and paralysis. 

Severe cases of road rash may require skin grafts and carry a high risk of infection. Multiple fractures, broken bones, and internal injuries are also common.

These injuries are not only physical. They often result in long-term emotional distress, loss of earning capacity, and overwhelming financial burdens related to medical treatment, rehabilitation, and lost income.

Understanding the Unique Impact of Motorcycle Accidents

The severity of motorcycle injuries is one of the first things your attorney will assess when building your case. Recognizing how motorcycle accidents differ from typical motor vehicle collisions is critical in pursuing full and fair compensation. 

Your legal advocate will work to ensure that insurers, courts, and opposing parties understand the depth and scope of your injuries and losses.

Fighting Motorcycle Bias and Insurance Company Tactics in New Jersey Accident Claims

Motorcycle accident victims in New Jersey often face more than physical injuries. They must also confront unfair stereotypes and insurance industry practices that can jeopardize their right to full compensation. These challenges make it essential to have experienced legal representation that understands how to push back.

Motorcyclists Are Not Reckless by Default

A persistent myth suggests that motorcyclists are inherently reckless or prone to risky behavior. This stereotype is not only inaccurate, but it also causes real harm when insurance adjusters use it to influence claim outcomes. 

In reality, many motorcycle accidents are caused by negligent drivers in cars and trucks who fail to yield, check blind spots, or respect motorcyclists’ space on the road.

Insurance Companies Use Bias to Minimize Payouts

Insurance companies operate with one goal in mind: to protect their bottom line. When a claim involves a motorcyclist, some insurers may exploit common misconceptions to reduce or deny compensation. Tactics may include:

• Offering a quick, low settlement before the full extent of your injuries is known
• Questioning the seriousness of your medical condition or the necessity of your treatment
• Delaying the claims process to pressure you into accepting less than you deserve
• Shifting blame to you, even when the facts point to the other party’s negligence

Having a skilled New Jersey motorcycle accident attorney who can push back against biased tactics and ensure your claim is evaluated fairly and based on the facts is essential when dealing with insurance companies and the legal process after a crash.

Protecting Your Rights After a Motorcycle Accident in New Jersey

You do not have to face these challenges alone. A knowledgeable New Jersey motorcycle accident attorney knows how to recognize and counter these insurance company tactics. 

Your legal team will work to present a strong claim for the damages you may be entitled to.

Why Legal Representation Makes the Difference

Insurance companies have teams of professionals working to reduce your claim. You need a dedicated advocate who understands motorcycle accident law and the biases that riders face. We serve as both your voice and your defense, ensuring that your case is presented accurately and fairly at every stage.

Your Legal Rights and Responsibilities Under New Jersey Motorcycle Laws

Understanding New Jersey’s motorcycle laws is essential after an accident. These regulations can directly influence how fault is determined and whether your claim is successful. From helmet use to lane positioning and licensing, your adherence to the law can significantly affect your case.

Helmet Laws in New Jersey: What Every Rider Must Follow

A common question among riders is whether motorcycle helmets are required in New Jersey. The answer is yes. Under N.J.S.A. 39:3-76.7, all motorcycle operators and passengers must wear a securely fastened helmet that meets standards approved by the Director of the Division of Motor Vehicles.

This means the helmet must comply with U.S. Department of Transportation (DOT) regulations. The requirement applies to all riders, regardless of age or experience.

Why Helmet Use Matters in Motorcycle Accident Claims

Helmet laws exist to protect lives, not to restrict personal freedom. According to the CDC, helmets reduce the risk of death in a motorcycle crash by 42% and the risk of head injury by 69%. Even if you were not at fault for the crash, whether or not you were wearing a compliant helmet can still become an issue in your case. 

Insurance companies or opposing attorneys may argue that your injuries were more severe due to the lack of proper head protection. A knowledgeable New Jersey motorcycle accident attorney can work to redirect the focus toward the negligent actions that actually caused the collision.

How to Identify a DOT-Approved Motorcycle Helmet

A legally compliant helmet in New Jersey must meet DOT safety standards. These helmets have a DOT sticker on the back and are built to absorb impact and resist penetration. Novelty helmets, which often lack padding and structural protection, do not meet these standards. In legal terms, using a novelty helmet is considered equivalent to wearing no helmet at all.

Additional New Jersey Motorcycle Laws That Can Impact Your Case

Helmet laws are only one part of the legal landscape. Other New Jersey motorcycle laws also play a role in determining liability and claim eligibility.

Lane Splitting is Prohibited in New Jersey

Riding between lanes of traffic, commonly called lane splitting or filtering, is illegal in New Jersey. While some states allow it, New Jersey law, including N.J.S.A. 39:4-82, prohibits this practice. If lane splitting occurred before the crash, the other party’s insurer may attempt to argue comparative negligence, which could reduce your compensation.

Motorcycle Equipment Requirements Under New Jersey Law

All motorcycles must be equipped with proper lighting, turn signals, mirrors, and a functioning muffler. Defective or missing equipment may be used to argue that your motorcycle was unsafe, which could affect fault or damages.

Licensing Rules for Motorcycle Operation in New Jersey

Operating a motorcycle legally in New Jersey requires a motorcycle-specific license or an endorsement on your current driver’s license, as required by N.J.S.A. 39:3-10.30. If you were riding without the proper license, this could complicate insurance claims and affect the outcome of your case, even if another party caused the accident.

Legal Compliance and Fault in New Jersey Motorcycle Accidents

Whether or not you followed the law is a crucial factor in any motorcycle accident case. Your attorney will investigate whether both parties complied with traffic regulations and will use this information to build a strong argument on your behalf. Ensuring that your own conduct was lawful puts you in the best position to recover fair compensation for your injuries.

How a New Jersey Motorcycle Accident Attorney Builds Your Case

Following a motorcycle accident, crucial evidence may be lost and witness memories can quickly fade. Taking prompt action is essential to preserve your right to seek compensation. A knowledgeable New Jersey motorcycle injury attorney recognizes the importance of acting swiftly to protect your legal interests.

The Critical Steps Your Attorney Takes After a Bergen County Motorcycle Crash

At Maggiano, DiGirolamo & Lizzi, P.C., we take a focused, evidence-based approach to building strong motorcycle accident claims. After a crash in Bergen County or elsewhere in New Jersey, we act quickly to preserve critical evidence.

This includes visiting the accident scene to take photographs, check for surveillance footage, and document road conditions. We also obtain the police report and seek out witnesses who can offer firsthand accounts.

Identifying all liable parties is essential. Responsibility may extend beyond the other driver to include a municipality that failed to maintain the road or a manufacturer responsible for a defective part.

We work with your doctors and, when needed, economic experts to calculate the full extent of your losses. This includes medical expenses, lost wages, loss of earning capacity, and damage to your motorcycle.

We also document non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life.

With this information, we deal with the insurance companies and work toward a fair outcome based on the facts. While many cases are settled out of court, we are ready to take the case to trial if necessary.

Understanding Compensation: What Your NJ Motorcycle Accident Claim Might Cover

The purpose of a personal injury claim is to help restore your financial position after an accident. Compensation generally falls into two categories.

Economic damages refer to measurable financial losses. These include medical expenses, lost wages due to time away from work, and the cost of repairing or replacing damaged property.

Non-economic damages address intangible losses that are harder to quantify but no less real. These include pain and suffering, emotional distress, and loss of enjoyment or quality of life resulting from the injury.

Motorcycle Accidents and PIP Coverage in New Jersey

In New Jersey, standard Personal Injury Protection (PIP) coverage, also known as no-fault insurance, does not apply to motorcycles. Under  N.J.S.A. 39:6A-2, motorcycles are excluded from the definition of “automobile,” which means riders are not entitled to PIP benefits under the state’s no-fault system.

Motorcyclists must rely on optional MedPay, health insurance, or file a personal injury claim against the at-fault party to cover medical expenses. MedPay is not required by law and is often overlooked.

Because motorcycles are excluded from the no-fault system, riders are also exempt from New Jersey’s verbal threshold, allowing them to sue for pain and suffering, even for non-permanent injuries. An experienced motorcycle accident attorney can help recover the full value of both economic and non-economic damages.

Statute of Limitations

Under N.J.S.A. 2A:14-2, you generally have two years from the date of the crash to file a personal injury lawsuit. Missing this deadline may bar you from recovering any compensation. Speak with a New Jersey motorcycle accident lawyer promptly to protect your rights.

Why Maggiano, DiGirolamo & Lizzi, P.C. Stands with New Jersey Riders

Choosing the right legal representation can significantly impact the outcome of a motorcycle accident claim. At Maggiano, DiGirolamo & Lizzi, P.C., our commitment to motorcyclists stretches across New Jersey, from Fort Lee to Hackensack and throughout the surrounding communities.

Dedicated Advocacy for Injured Riders in Fort Lee, Hackensack, and Beyond

With decades of combined legal experience, our firm is firmly dedicated to representing injured motorcyclists throughout the state. We focus on delivering client-centered service by taking the time to understand each person’s unique situation, concerns, and goals. You are never treated as just a case number; we offer individualized attention from the initial consultation through the resolution of your claim.

Our attorneys maintain strong ties to the communities we serve. In Fort Lee, we are well-acquainted with the needs of local residents. In Hackensack, we proudly advocate for a diverse and vibrant population, ensuring that every client receives the respect and dedication they deserve.

We take a thorough and strategic approach to every case, conducting comprehensive investigations and preparing for litigation from the start. Our reputation for diligence and trial-readiness often leads to favorable settlements, as opposing counsel understands our commitment to achieving results.

We handle motorcycle accident cases on a contingency fee basis, meaning you only pay legal fees if we obtain a financial recovery for you.

Injured in a New Jersey Motorcycle Crash? We’re Here to Help

After a motorcycle accident, it can feel like your voice is being pushed aside by insurance companies focused on their interests. But your injuries are real, and you have every right to seek full and fair compensation.

At Maggiano, DiGirolamo & Lizzi, P.C., we represent riders throughout New Jersey with the determination and experience these cases demand. Whether your crash occurred in Bergen County or a quieter town nearby, we are committed to telling your story and prioritizing your legal needs.

You don’t have to go through this on your own. Contact us today at (201) 585-9111 for a free consultation. Let us stand with you and pursue the justice you may be entitled to.

FAQs for a New Jersey Motorcycle Accident Attorney

Do I need a New Jersey motorcycle accident lawyer after a crash?

Yes. A motorcycle accident attorney in New Jersey can help you navigate complex insurance issues, challenge biased assumptions, and pursue full compensation. Legal representation is especially critical when injuries are serious, liability is disputed, or an insurance company undervalues your claim.

How long do I have to file a motorcycle injury lawsuit in New Jersey?

In most cases, you have two years from the date of the accident to file a personal injury claim, according to N.J.S.A. 2A:14-2. Missing this deadline may prevent you from recovering any compensation, so it’s important to consult an attorney promptly.

Can I recover damages if I was not wearing a helmet during the crash?

Yes, but it may impact your claim. New Jersey law requires all riders to wear DOT-approved helmets. If you weren’t wearing one, the insurance company may argue that your injuries were worse as a result. A skilled motorcycle accident lawyer can help counter those arguments and focus attention on the other party’s negligence.

What if I don’t have motorcycle-specific insurance coverage?

Standard New Jersey PIP (Personal Injury Protection) insurance does not cover motorcycles. If you do not have optional Motorcycle PIP coverage, your medical bills may need to be paid through health insurance or pursued in a claim against the at-fault driver. Your attorney can help you identify all available sources of compensation.

Can I still file a claim if I was partly at fault for the motorcycle accident?

Yes. Under New Jersey’s comparative negligence law, you can recover damages as long as you were not more than 50 percent at fault. However, your compensation will be reduced by your percentage of responsibility.