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New Jersey Motorcycle Accident Laws

Motorcycle Accident

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.

It is also important for all bikers to know road laws to keep themselves safe. Knowing these laws also helps them understand their rights.

motorcycle accident with a black car in New Jersey

If you’ve been in a motorcycle accident caused by a negligent driver, the seasoned motorcycle accident attorneys at Davis, Saperstein & Salomon can help you navigate your way through the legal system from injury date until your final settlement. Contact us today for a free, no-obligation case review. We will take the time to understand your challenges and goals. We’ll advise you of your 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.

Now, let’s look at some of the most important motorycle safety and helmet laws you need to know in New Jersey.

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Motorcycle Helmet Law in New Jersey

Wearing a helmet for both operators and passengers is required by law in the state of New Jersey (P.L. 39:3-76.7). All motorcycle riders must purchase and wear a U.S. Department of Transportation approved helmet. The helmet must be secure, fitted, and an appropriate size for the user. The helmet must also have a neck or chin strap and have reflectors on both sides. If you don’t wear a helmet while riding, you can be ticketed and fined.

In addition to helmet regulations, the state of New Jersey recommends that all motorcycle riders and their passengers use the following types of safety gear while riding:

  • Eye protection – Motorcycle riders should wear goggles or glasses or they should have a windshield to protect their eyes.
  • Jacket and pants – Motorcyclists are encouraged to wear fitted, sturdy clothing that is abrasion resistant, including jackets and pants.
  • Footwear – Motorcycle riders and passengers should wear sturdy, close-toed shoes or boots that rise above the ankle.
  • Gloves – All motorcyclists and their passengers are encouraged to wear fitted, full-fingered gloves.

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.

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.

Additional Motorcycle Safety Regulations in New Jersey

In addition to helmet safety laws, the state of New Jersey has also established other safety regulations to help protect motorcycle riders and their passengers on the road.

NJ motorcycle laws include:

  • A motorcylce endorsement on an existing license or a motorcycle license.
  • Motorcycle handlebars are not permitted to rise above the rider’s shoulders.
  • All motorcycles must be equipped with a rearview mirror.
  • Motorcycles must be compliant with all Federal Motor Safety Standards that were in effect at the time that the motorcycle was initially manufactured. All motorcycles must have a certification sticker that attests to the motorcycle’s compliance with federal standards. This certification must remain permanently affixed to the bike.
  • All motorcycles must have a working, approved muffler specifically designed for motorcycles.

Contact a New Jersey Motorcycle Accident Lawyer with a Proven Track Record of Winning

If you or a family member have been injured in a motorcycle accident in New Jersey, contact one of our experienced motorcycle accident lawyers at Davis, Saperstein & Salomon today. With over 40 years of experience and more than $1 billion secured for our clients, we have the knowledge and resources to help you seek the compensation and positive outcome you deserve.

In 2020, partner Garry R. Salomon successfully resolved several motorcycle accident claims, including two settlements of $4.5 million and $5.75 million, respectively. Because of the compensation our clients deserved and received, both of them were able to move to Florida to enjoy the rest of their lives financially secure.

We understand how stressful it can be to navigate the injury claims process while you are trying to recover from your injuries. We take some of that burden off your shoulders by gathering evidence on your behalf and negotiating a fair payout with the insurance company. We have more than 25 personal injury attorneys on our team who can provide ongoing advice and help support your case.

More importantly, if an insurance company fails to negotiate in good faith to pay you the money you deserve, one of our 16 experienced trial lawyers that have been certified by the Supreme Court of New Jersey as a Civil Trial Attorney will try your case before a jury who will decide what you deserve.

Contact our offices today for a free and confidential, no-obligation consultation.