Riders lose these cases before the crash even happens. Not legally. In the jury’s head.
There is a bias, and pretending it does not exist does not make it go away. Jurors assume the rider was speeding. Assume they were lane splitting, which is illegal in New Jersey anyway. Assume they were reckless because they chose to be on a motorcycle at all. Meanwhile the driver who turned left across their path is a nice person who “just did not see them.”
A motorcycle accident lawyer in NJ builds the case knowing that room. Our personal injury practice has handled rider cases across Camden County, and the difference between a good outcome and a bad one is usually made in the first two weeks, before any of that bias gets a chance to harden into a narrative.
The PIP Problem Nobody Warns Riders About
This is the biggest one, and most riders in New Jersey have no idea until it is too late.
Motorcycles are not covered under New Jersey’s PIP system the way cars are. A driver in a car crash gets personal injury protection benefits from their own auto policy, no fault, first dollar, regardless of who caused it. Standard policies carry $250,000.
Riders generally do not get that. Motorcycle policies are not required to carry PIP, and most do not. Which means after a serious crash, your medical bills go to your health insurance, subject to your deductible, your copays, and your out of network exposure. If you do not have health insurance, you are looking at hospital bills with nothing standing between you and them.
Some carriers offer optional medical payments coverage on a motorcycle policy. It is usually small, $10,000 or so, and most riders decline it to save premium. Then a broken femur costs $80,000.
We break down how New Jersey structures coverage here: New Jersey’s minimum coverage rules.
The upside, and it is a real one, is that riders are not stuck behind the verbal threshold the way most car drivers are. The limitation on lawsuit option is an auto policy election. That means a rider can typically pursue pain and suffering damages without first proving a permanent injury. It is one of the few places the law gives riders a better hand.
The Helmet Law Defense, and What It Actually Does
New Jersey requires a DOT approved helmet for all riders and passengers. No age exception.
If you were not wearing one, the defense will hammer it. But it is not a case killer. New Jersey applies comparative negligence, and the helmet question goes to damages, not to whether the driver ran the light. If a car turned left in front of you, that driver is still liable. Your recovery may get reduced, and the reduction should logically apply only to head injuries, not to your shattered ankle.
That distinction gets fought. It is worth fighting.
Visibility Is the Whole Liability Fight
“I never saw him.” That is the single most common statement in a motorcycle case file.
Left turn collisions are the classic. A car turns across the rider’s lane at an intersection. The driver claims the bike appeared out of nowhere. Reconstruction, sight line analysis, and speed calculation usually say otherwise.
Lighting matters here too, in both directions. A rider with a burned out headlight hands the defense a gift. A driver with equipment violations does the opposite. New Jersey’s rules on this are more specific than people think, and we covered them here: New Jersey headlight rules.
At the Scene
Standard post crash steps apply and are here: what to do after a crash in New Jersey.
Two things specific to riders. First, do not let anyone move the bike before it is photographed in place. Final rest position is powerful reconstruction evidence and it disappears the moment a tow truck arrives.
Second, preserve your gear. The helmet, the jacket, the boots. Damage to gear is physical proof of impact forces, and a scuffed helmet quietly demolishes the argument that this was a low speed tip over.
Where We Work
- Marlton personal injury lawyers for Route 73 and the Marlton Circle
- Voorhees injury attorneys for White Horse Road
- Cherry Hill injury attorneys for Route 38 and Kings Highway
- Berlin, NJ injury lawyers for the Berlin Circle and Route 30
Camden County and South Jersey riders deal with a specific set of roads, and we know them.
Who Handles Your Case
Henry L. Doner and Kevin D. Castro handle rider cases personally. Contingency. No recovery, no fee.
Frequently Asked Questions
Do I have PIP coverage on my motorcycle in New Jersey?
Usually not. New Jersey’s mandatory PIP system applies to automobiles, not motorcycles. Unless you specifically purchased medical payments coverage on your bike policy, your health insurance is the primary payer for your treatment. Check your declarations page and bring it in.
Can I still recover if I was not wearing a helmet?
Yes, in most cases. New Jersey’s helmet law creates a comparative negligence argument, not a bar to recovery. It can reduce your award, and the reduction should be tied to head injuries specifically, but it does not excuse the driver who caused the crash.
Will a jury hold it against me that I ride?
Some jurors bring assumptions. That is why case preparation matters. Accident reconstruction, black box data from the car, and a rider whose training and record are documented all shift the picture from “reckless biker” to “person who was hit by someone who was not looking.”
What if the driver who hit me had minimum coverage?
New Jersey’s minimum is $15,000 per person, which does not go far against a motorcycle injury. Your underinsured motorist coverage becomes the next source. Whether you have it, and how much, is worth checking today rather than after a crash.
How long do I have to file in New Jersey?
Two years from the date of the crash. Evidence, particularly scene photos, vehicle condition, and witness memory, degrades much faster than that.
Talk to a Motorcycle Accident Lawyer in NJ
If you went down in Marlton, Voorhees, Cherry Hill, Berlin, or anywhere in Camden County, do not let an adjuster frame the story before you do.
Free case review. No fee unless we recover.