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New Jersey Motorcycle Hit-and-Run Accidents

Motorcycle Accident

The laws and rules of the road that apply to motorcycle riders are identical to the laws that apply to all other motor vehicles, except that people desiring to operate a motorcycle must pass a motorcycle road test to demonstrate their competency and ability to operate a motorcycle. Other than that, all rules of the road apply to the motorcyclist, such as speed, yielding, stop signs, etc. More importantly, all of those rules apply to the cars, trucks and busses that share the roadways with bikers.

Motorcyclists are entitled to rely upon other drivers to follow the rules of the road and to respect all motorists sharing the roads of New Jersey. We understand that riding a motorcycle can be an exhilarating way to get around all of New Jersey, but it can also be incredibly dangerous for motorcyclists when another driver fails to respect the rights of motorcyclists.

Unfortunately, according to the National Highway Traffic Safety Administration (NHTSA), 5,014 motorcyclists died in motorcycle accidents in the U.S. for the most recent year reported. According to the New Jersey Department of Law and Public Safety, there were about 2,200 motorcycle riders involved in collisions here in New Jersey for the most recent year reported. These accidents led to 69 fatalities.

Due to the dangerous nature of riding a motorcycle and the vulnerability of all motorcyclists, it is vital for motorcycle riders to protect themselves if they are injured. They can do making sure they have health insurance, disability income, and collision insurance to replace or pay off a damaged bike.  In New Jersey, motorcycle riders do not get the benefit of New Jersey’s No-Fault insurance benefits. These benefits include Personal Injury Protection (PIP) benefits that cover collision-related medical bills, income continuation benefits, and payment for essential services needed while recovering from their injuries.

motorcycle hit and run

If you’ve been in a motorcycle hit and run accident or know a loved one who has, the experienced New Jersey motorcycle accident attorneys at Davis, Saperstein & Salomon can help. We can help navigate through the entire legal process – from injury till settlement. Contact us today for a free case review. We understand each case is different, and we take the time to understand your challenges and goals. We’ll present all the legal options for pursuing the compensation you need to recover after the accident, as well as the compensation you deserve for your pain, suffering, and inconvenience.

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Hit-and-Run Laws and Penalties in New Jersey

New Jersey Revised Statutes Section 39:4-129 states that drivers in crashes resulting in death, injury, or property damage must remain at the scene. A driver may only leave the scene after providing their name, address, and license and registration information to:

  • Anyone who sustained injuries in the collision.
  • Anyone whose property was damaged.
  • Any other occupants involved in the crash.
  • Any police officers or other such relevant witnesses investigating the collision.

The law also requires anyone involved in a hit-and-run to assist anyone in need of immediate care. For example, someone involved in a hit-and-run might transport an injured victim to the

hospital. The law requires them to do so if the victim requests it or if it is clear that the victim needs treatment immediately.

Penalties for violating the law include:

  • A fine of $2,500 to $5,000 and/or up to 180 days imprisonment if the driver fled the scene of a crash resulting in injury or death.
  • A fine of $200 to $400 and/or up to 30 days imprisonment if the driver fled the scene of a crash resulting only in property damage.
  • A fine of $400 to $600 and/or 30 to 90 days of imprisonment for a second offense of fleeing a crash resulting in property damage.

A driver who flees when an accident causes injury or death will lose the right to drive in New Jersey for one year. They will lose this right permanently if subsequent offenses occur.

A driver who leaves the scene of an accident only resulting in property damage may lose their New Jersey driving rights for six months. For a second offense, they could lose their driving rights for a year.

Common Injuries Sustained in Hit-and-Run Motorcycle Accidents

Someone involved in a motorcycle hit-and-run may sustain serious injuries. Unlike cars, motorcycles don’t protect their riders with steel frames. As a result, motorcyclists are vulnerable when crashes happen.

Common hit-and-run motorcycle accident injuries include:

  • Traumatic brain injuries (TBIs)
  • Broken bones
  • Spinal cord injuries, including ruptured herniated disks
  • Concussions
  • Lacerations
  • Abrasions
  • Amputations
  • Road rash
  • Facial and dental injuries

The law requires drivers to provide assistance to injured victims in motorcycle crashes. A hit-and-run victim might not get the help they need if the driver who struck them flees the scene.

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What Are NJ’s Laws Regarding Motorcycle Passengers?

New Jersey state law does permit motorcyclists to ride with passengers under certain circumstances. The motorcyclist’s seat must be designed for two people to carry a passenger, or the motorcyclist must attach another seat to the motorcycle. Passengers are also required to have their own footrests and may not use the footrests designated for the driver. The passenger must also wear a Department of Transportation-approved helmet to comply with the NJ motorcycle helmet law, just like the driver.

Although there are no restrictions on the age, weight or height of motorcycle passengers, all passengers, even children, must abide by the same safety regulations. That means that even children are required to have their own seat, footrests and Department of Transportation-approved helmets.

What To Do After a Motorcycle Hit-and-Run

If you’re not sure what to do after a hit-and-run accident, make sure you’re taking these steps:

  • See a Doctor – Don’t assume you haven’t sustained injuries merely because you haven’t noticed any symptoms. Always seek medical care on the day of a collision. Doing so in these circumstances might improve your chances of a successful case.
  • Avoid Social Media – Posting about a hit-and-run on social media may seem like a harmless way to vent about a frustrating experience. However, an insurance company could theoretically use your posts against you. It’s generally wise to avoid social media when you haven’t received a settlement yet.
  • Keep a Pain Journal – Keeping a journal to describe the pain you’ve experienced because of your injuries may help your case. Keep track of your medical appointments and make notes about how your injury affects your ability to perform your usual activities. Make sure your journal is accurate and thorough.

Discuss your case with a hit-and-run accident lawyer who can pursue monetary damages for you after your motorcycle accident.

Does Insurance Cover a Hit-and-Run Accident?

New Jersey is currently a no-fault insurance state. This means that in New Jersey, automobile drivers are required to purchase Personal Injury Protection (PIP) insurance to cover their medical bills and related expenses following a crash. This does not include motorcycles.

If the police can find the driver who caused your wreck and they bought such coverage, then the other driver’s insurance company may cover your injuries.

Motorcyclists in the Garden State may also purchase their own liability insurance policy with underinsured or uninsured motorist coverage. You can turn to this policy to cover your losses if a hit-and-run driver has injured you, or, if/when they are found, their policy is insufficient to cover your losses.

Types of Money Damages Available After a Hit-and-Run Accident in New Jersey

Hit-and-run compensation after a motorcycle crash in New Jersey may fall into one of the following categories:

  • Economic damages, which compensate for things like medical bills and lost wages.
  • Non-economic damages, which compensate for subjective losses like pain and suffering or loss of quality of life.
  • Property damages, to your motorcycle

The monetary cost of being injured in a hit-and-run can be high, particularly if you were a motorcyclist at the time of the crash. Your injuries may require expensive and ongoing treatment. They could also prevent you from returning to work and earning an income.

You can recover damages for such economic losses when you file an accident claim with an insurance company. But beware about signing anything unless a qualified New Jersey

motorcycle accident attorney reviews the document. Depending on the type of insurance policy available, you may also qualify for damages for your non-economic losses.

If the other driver can be found, their insurance company may try to arrive at the best out-of-court settlement possible. However, there are instances when the best option is to go to trial.

Your lawyer may suggest filing a lawsuit if an insurance company won’t offer a fair settlement. Filing a lawsuit may also be an option if the other driver isn’t insured but may nevertheless have means of compensating you.

A jury could award under certain circumstances punitive damages in addition to economic or non-economic damages if you went to trial. Unlike other hit-and-run damages, which compensate a victim for specific losses, punitive damages are meant to punish the defendant. A jury might award punitive damages if the driver who caused your wreck engaged in malicious or willful and wanton actions. This would include punitive damages due to erratic driving.

Hit-and-Run Statistics in New Jersey

According to the New Jersey Department of Transportation (NJDOT), 48,962 crashes resulting in injury occurred in New Jersey in 2021. NJDOT doesn’t track hit-and-run motorcycle accident statistics.

However, the National Highway Traffic Safety Administration (NHTSA) reported that 2,872 fatal motor vehicle accidents on U.S. roads in one recent year involved hit-and-run drivers. The NHTSA indicated this represents an 11 percent increase from the previous year.

Injured in a Teaneck Hit-and-Run Accident with a Motorcycle? Contact Davis, Saperstein, and Salomon, P.C., Today

Seeking money for your recovery after any motor vehicle accident could be a complex process if you lack experience with these circumstances. This can be even more challenging for a motorcyclist following a hit-and-run accident.

That doesn’t mean there’s no way to receive the money for which you deserve. On the contrary, there may be various other legal avenues for seeking what you’re owed.

Speak with a New Jersey hit-and-run lawyer for more information about your options. Our team at Davis, Saperstein & Salomon, P.C., is prepared to offer aggressive representation. We have a team of 25 licensed injury lawyers to give your case the support it needs. With office locations across New Jersey and in New York City, we can help you no matter where you are.

Ways in which our NJ car accident lawyers may assist you include:

  • Reviewing the details of your case to determine possible sources of compensation.
  • Performing an investigation to gather evidence and identify the party that caused it
  • Staying in contact with the police to determine if they’ve apprehended the driver.
  • Determining your claim’s potential value.
  • Gathering medical bills, photos of your injuries, and other such documentation to include in your claim.
  • Corresponding with insurance adjusters so you don’t have to.
  • Evaluating settlement offers.
  • Entering into negotiations when an insurer won’t offer the settlement you deserve.
  • Taking your case to court if necessary.

Don’t delay. If you don’t file your claim promptly, you could waive your right to seek money damages. Avoid this by speaking with an NJ hit-and-run attorney as soon as possible. Get started today by contacting us online or calling us for a free case review.