tmallon logo
Free Consultations Available
En Español

Aggressively Fighting For Your Rights

New Jersey Motorcycle Accident Attorneys

Motorcycle accidents in New Jersey often result in severe injuries due to the lack of protection compared to other vehicles. If you've been involved in a motorcycle accident, it's crucial to understand your rights and the legal avenues available to you. At Mallon and Tranger, our experienced attorneys are dedicated to helping victims navigate the complexities of personal injury claims to secure the compensation they deserve.

Table of Contents

Common Injuries in a Motorcycle Accident

Motorcyclists face far greater risks than other motorists on New Jersey’s roads. Unlike passengers in cars or trucks, motorcycle riders have no structural protection, airbags, or seatbelts. In the event of a collision, riders are often thrown from their bikes, leading to direct impacts with pavement, guardrails, vehicles, or other hazards.

Even when wearing helmets and protective gear, the force and dynamics of a motorcycle crash frequently cause severe, life-changing injuries. Many victims face long hospital stays, multiple surgeries, permanent disabilities, and a lasting emotional toll.

At Mallon and Tranger, we’ve represented riders throughout New Jersey, from the Jersey Shore to the Turnpike, who have suffered the following common injuries in motorcycle crashes:

Traumatic Brain Injuries (TBIs)

  • Even when a rider wears a DOT-approved helmet, head trauma is a frequent and dangerous outcome of motorcycle crashes.
  • TBIs can range from mild concussions to severe brain damage resulting in:
    • Cognitive impairment
    • Memory loss
    • Mood disorders
    • Loss of speech or motor skills
  • Some TBIs lead to permanent disability or require years of neurological therapy.
  • Symptoms may be delayed, so a thorough medical evaluation is essential after any head impact.

Spinal Cord Injuries and Paralysis

  • Motorcycle accidents often result in trauma to the spine, especially in high-speed collisions or rear-end impacts.
  • Spinal cord injuries may cause:
    • Partial or complete paralysis (paraplegia or quadriplegia)
    • Loss of sensation or motor function
    • Chronic pain or nerve damage
  • These injuries often require lifelong care, including assistive devices, home modifications, and round-the-clock support.

Fractures and Broken Bones

  • Bones most commonly broken in motorcycle crashes include:
    • Arms and wrists (from bracing during a fall)
    • Legs and ankles (from the bike landing on the rider)
    • Ribs (due to blunt trauma or landing on hard surfaces)
    • Clavicle and shoulders (from side impacts)
  • Pelvic fractures are especially dangerous, often resulting from side-impact collisions or the rider being pinned against a vehicle or guardrail.
  • Severe fractures may require:
    • Surgical intervention with plates or pins
    • Extended immobilization
    • Physical rehabilitation
    • Multiple follow-up procedures

Road Rash and Severe Skin Abrasions

  • Road rash occurs when a rider’s unprotected skin slides across asphalt or concrete, causing:
    • Deep abrasions
    • Exposed muscle and bone
    • Embedded debris (gravel, glass, dirt)
  • These injuries often result in serious infections, require skin grafts, and may lead to long-term scarring or disfigurement.
  • Even riders wearing jeans and light jackets are susceptible; only armored or reinforced riding gear offers real protection.

Internal Injuries and Organ Damage

  • Internal bleeding and trauma to organs like the lungs, liver, spleen, or kidneys can occur due to the force of impact.
  • These injuries may not show immediate symptoms but can be life-threatening if untreated.
  • Warning signs include:
    • Abdominal pain or swelling
    • Difficulty breathing
    • Rapid heart rate or lightheadedness
  • Emergency imaging and surgery may be required to prevent fatal complications.

Burns and Lacerations

  • Fires caused by fuel leaks, battery explosions, or electrical shorts can result in second- and third-degree burns.
  • Burns often require:
    • Painful debridement
    • Skin grafts
    • Specialized wound care
    • Scar revision surgeries
  • Deep lacerations from broken glass, debris, or motorcycle parts can also cause excessive blood loss, nerve damage, or permanent scarring.

Disfigurement and Loss of Limbs

  • Some motorcycle accident victims suffer disfigurement due to facial trauma, burns, or mangled limbs.
  • In severe cases, injuries may result in amputation of a finger, hand, foot, or leg, especially when the limb is crushed or circulation is lost.
  • These outcomes significantly affect daily life and often require prosthetics, counseling, and long-term care.

Psychological and Emotional Trauma

  • The emotional toll of surviving a traumatic motorcycle crash can be just as serious as the physical injuries.
  • Victims may experience:
    • Post-traumatic stress disorder (PTSD)
    • Driving anxiety or phobias
    • Nightmares or flashbacks
    • Depression, isolation, or survivor’s guilt
  • Psychological care is an essential part of recovery and should not be overlooked in compensation calculations.

The Importance of Medical Documentation

Prompt medical attention is critical. Many injuries, especially internal bleeding, brain trauma, or psychological symptoms, may not be obvious at the scene. A delayed diagnosis can not only endanger your health but also weaken your legal claim.

At Mallon and Tranger, we work closely with medical experts, trauma specialists, and life care planners to ensure every injury is thoroughly documented and valued. Whether your accident happened in Howell, Middletown, or anywhere else in New Jersey, we are ready to advocate for the full compensation your injuries demand.

Determining liability in a New Jersey motorcycle accident

Determining Liability in a New Jersey Motorcycle Accident

Determining who is at fault in a motorcycle accident is critical to any successful personal injury claim. Unlike car accidents, motorcycle crashes often involve unique circumstances, including visibility issues, road conditions, and bias against riders. At Mallon and Tranger, we conduct detailed investigations to identify every party that may bear responsibility and to build a case that protects your right to full compensation.


Related: THIRD PARTY LIABILITY IN A MOTOR VEHICLE ACCIDENT


In New Jersey, liability is assessed under a system known as modified comparative negligence, and more than one party can be held legally accountable. Under N.J.S.A. § 2A:15-5.1, your compensation will be reduced by your percentage of fault, but you can still recover damages as long as you're not more than 50% responsible for the crash.

Key Liable Parties in Motorcycle Accidents

1. Other Drivers

Negligent or reckless actions by other drivers are one of the leading causes of motorcycle accidents. Some of the most common driver errors include:

  • Failure to yield the right-of-way at intersections
  • Left-turn violations, where a car turns in front of an oncoming motorcycle
  • Distracted driving, including texting, talking on the phone, or adjusting in-car systems
  • Speeding or aggressive driving
  • Following too closely or unsafe lane changes

Motorcycles are smaller and less visible, but that does not excuse inattentive driving. When a driver fails to properly check blind spots or disregards traffic rules, they can and should be held liable for resulting injuries.

2. Government Entities or Municipal Agencies

If the accident was caused or worsened by a road hazard, the state, county, or city government may share liability. Examples include:

  • Potholes or uneven pavement
  • Lack of signage or improper lane markings
  • Malfunctioning traffic signals
  • Poorly designed intersections or curves
  • Debris or gravel on the road

Claims against public entities in New Jersey must follow strict procedures under the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.), including a 90-day notice requirement. It’s essential to act quickly if a public road defect played a role in your crash.

3. Motorcycle or Auto Manufacturers

If a defective motorcycle part, safety feature, or piece of protective gear contributed to your accident or made your injuries worse, the manufacturer or distributor could be held liable under product liability laws.

Common product-related issues include:

  • Brake system failure
  • Tire blowouts
  • Faulty steering or suspension components
  • Malfunctioning lights or turn signals
  • Helmet defects or failure to meet federal safety standards

Product liability claims often require engineering or mechanical expert testimony to establish design flaws, manufacturing defects, or failure to warn of dangers.

4. Maintenance Companies and Third-Party Contractors

If your motorcycle or the at-fault driver’s vehicle was recently serviced, and negligent repairs contributed to the crash, the mechanic or repair shop could be liable. Examples include:

  • Failing to properly install or tighten parts
  • Overlooking worn tires or brake pads
  • Using substandard replacement parts

These claims require careful investigation, work orders, and service records, often available only through subpoena or formal discovery during litigation.

How Comparative Negligence Works in New Jersey

Under New Jersey’s modified comparative negligence rule, your financial recovery is directly impacted by your share of fault.

Here’s how it works:

  • If you are 10% at fault, your total compensation will be reduced by 10%.
  • If you are found to be 51% or more at fault, you are barred from recovering any compensation.

This rule often becomes a key battleground in motorcycle cases, especially when insurance companies argue that the rider was speeding, not wearing visible clothing, or “lane splitting” (which is illegal in New Jersey).

That’s why it’s critical to work with an experienced motorcycle accident attorney who can:

  • Reconstruct the accident scene
  • Interview eyewitnesses
  • Secure surveillance or dashcam footage
  • Work with experts to counter false claims of rider negligence

Why Proving Liability Is Essential

Identifying the correct party or parties is essential to:

  • Maximizing your compensation by accessing multiple insurance policies
  • Avoiding delays and denials from insurance adjusters
  • Preserving evidence before it is lost or destroyed
  • Complying with deadlines for lawsuits and government claim notices

At Mallon and Tranger, we leave no stone unturned in determining who caused your crash and holding them accountable. Whether your accident occurred on a congested city street in Newark, a highway near Toms River, or a winding road in Monmouth County, we will fight to uncover the truth and secure the justice you deserve.

Common Causes of Motorcycle Accidents

Motorcyclists in New Jersey face unique risks every time they take to the road. While many riders are experienced and safety-conscious, accidents still occur, often due to the negligence of others or hazardous roadway conditions. Understanding the most common causes of motorcycle crashes not only aids in prevention but also helps establish liability when pursuing a personal injury claim.

At Mallon and Tranger, we’ve represented injured riders across New Jersey who have been hurt because of preventable mistakes and oversights. Below are the leading causes of motorcycle accidents in the Garden State.

Distracted Driving

One of the most dangerous behaviors on New Jersey roads is distracted driving. When motorists focus on their phones, navigation systems, eating, or even talking to passengers, they often fail to see motorcyclists, especially at intersections or in stop-and-go traffic.

  • Because motorcycles are smaller and less visible than passenger vehicles, a momentary distraction can lead to devastating results.
  • Texting while driving, in particular, increases the likelihood of a rear-end or side-impact collision with a motorcycle.
  • According to the New Jersey Division of Highway Traffic Safety, distracted driving is a leading cause of crashes statewide and contributes to a large percentage of fatalities involving motorcyclists.

Speeding

Excessive speed reduces a driver's ability to react to changing traffic conditions, increases stopping distances, and dramatically increases the force of impact during a crash.

  • When cars or trucks speed near motorcycles, even minor misjudgments, like lane drift or sudden braking, can result in deadly outcomes.
  • Speeding by other motorists is especially dangerous during lane changes, merges, or in curved highway sections, where motorcycles are vulnerable to being sideswiped or run off the road.
  • Motorcyclists themselves may also be accused of speeding, making it essential to investigate thoroughly and gather GPS, black box, or witness data to contest such claims if untrue.

Driving Under the Influence (DUI)

Drivers under the influence of alcohol or drugs are less likely to spot motorcycles, often misjudge distances, and have impaired reflexes.

  • DUI-related accidents involving motorcyclists often occur at night, during weekends, or near entertainment districts.
  • Alcohol-impaired drivers may fail to yield, drift into opposing lanes, or strike motorcyclists from behind while approaching traffic lights or stop signs.
  • If a driver is found to be intoxicated at the time of the crash, they may face criminal charges as well as civil liability for the injuries they cause.

Lane Splitting

Lane splitting, or riding between lanes of slowed or stopped traffic, is illegal in New Jersey under current state traffic laws.

  • While some riders do this to avoid congestion, it can be extremely dangerous, particularly if other drivers are not expecting motorcycles to pass between lanes.
  • Lane splitting can reduce the space available for both the motorcyclist and surrounding vehicles, increasing the risk of sideswipe or merging collisions.
  • Importantly, even if a rider was lane splitting illegally, they may still recover partial compensation under New Jersey's comparative negligence rule, depending on the facts of the case.

Poor Road Conditions

Unlike larger vehicles, motorcycles are highly sensitive to even minor road defects. What might be a small bump for a car can throw a rider off balance or into oncoming traffic.

  • Common hazardous road conditions include:
    • Potholes
    • Gravel or loose debris
    • Uneven pavement or pavement seams
    • Drainage grates or manhole covers
    • Oil or liquid spills
  • In such cases, liability may rest with:
    • A municipal agency responsible for road maintenance
    • A construction contractor who left debris or failed to mark a hazard
    • A third party responsible for spill cleanup or roadway signage

Under the New Jersey Tort Claims Act, claims against public entities must be filed quickly, usually within 90 days, making it critical to consult an attorney right away if poor infrastructure contributed to the crash.

Left-Turn Accidents

Left-turn collisions are among the most common and dangerous types of motorcycle accidents.

  • These often occur when a vehicle makes a left turn across an intersection or into a driveway without seeing an oncoming motorcycle.
  • The driver may:
    • Fail to judge the motorcycle’s speed
    • Assume the rider will stop or yield
    • Be distracted or fail to check blind spots
  • These accidents frequently result in T-bone impacts, where the motorcycle crashes into the turning vehicle’s side or is struck while traveling straight through an intersection.

According to national data from the National Highway Traffic Safety Administration (NHTSA), over 40% of all motorcycle crashes involving another vehicle occur because of left-turn violations.

Additional Contributing Factors

  • Dooring Accidents: When a driver opens a parked car door into a passing motorcyclist’s path.
  • Inexperience or Unlicensed Riding: Riders without proper training or motorcycle endorsements are more prone to errors and may be treated unfairly by insurers.
  • Bad Weather: Rain, fog, or high winds can reduce visibility and traction, especially on busy routes like Route 35, Route 70, or Route 9.
  • Vehicle Blind Spots: Motorcycles can disappear from a driver’s view during lane changes or merges, especially in SUVs and commercial trucks.

At Mallon and Tranger, we thoroughly investigate every motorcycle crash to identify all contributing factors and liable parties. Whether the crash was caused by another driver’s distraction, a poorly designed intersection, or a defect in your bike, we’re here to protect your rights and secure the compensation you need to recover.

New Jersey Motorcycle Laws and Accident Statistics

Helmet Laws

New Jersey law mandates that all motorcycle operators and passengers wear a securely fitted protective helmet that meets federal standards. The helmet must be equipped with either a neck or chin strap and be reflectorized on both sides.

Lane Splitting

Lane splitting, the practice of riding between lanes of traffic, is illegal in New Jersey. Motorcyclists must adhere to the same traffic laws as other vehicles, including lane usage. There has been legislation introduced to allow motorcycles to travel slowly between stopped traffic, though nothing has been officially passed or changed. 

Licensing Requirements

To operate a motorcycle in New Jersey, individuals must possess a motorcycle license or an endorsement on their existing driver's license. Operating a motorcycle without the proper credentials is illegal and can affect liability and insurance claims.

Accident Statistics

  • In 2023, there were 89 accidents resulting in 90 fatalities in the state of New Jersey involving a motorcycle. 
  • Motorcycle crashes accounted for 15% of all traffic fatalities in the United States in 2023, with over 6,300 deaths. 
  • Statistics indicate that if you're involved in a motorcycle crash in New Jersey, there's an 82% chance of sustaining injuries.

These figures underscore the risks motorcyclists face and the importance of adhering to safety regulations.

How Can an Attorney Help After a New Jersey Motorcycle Accident?

Navigating the aftermath of a motorcycle accident can be overwhelming. An experienced attorney can provide invaluable assistance in several ways:

Investigation

  • Evidence Collection: Gathering police reports, medical records, witness statements, and accident scene photographs.
  • Expert Consultation: Working with accident reconstruction specialists to determine the cause and liability.

Legal Guidance

  • Understanding Rights: Explaining your legal rights and options based on the specifics of your case.
  • Navigating Insurance Claims: Assisting with filing claims and communicating with insurance companies to ensure fair treatment.

Litigation

  • Filing Lawsuits: If necessary, initiating legal proceedings to pursue compensation.
  • Court Representation: Advocating on your behalf in court to achieve a favorable outcome.

What Compensation Is Available After a Motorcycle Accident?

Victims of motorcycle accidents may be entitled to various forms of compensation, including:

  • Medical Expenses: Covering current and future medical treatments, rehabilitation, and therapy.
  • Lost Wages: Compensation for income lost due to inability to work during recovery.
  • Pain and Suffering: Addressing physical pain and emotional distress resulting from the accident.
  • Property Damage: Costs associated with repairing or replacing your motorcycle and other personal property.
  • Punitive Damages: In cases involving gross negligence, additional compensation may be awarded to punish the responsible party.
  • Wrongful Death Claims: For families who have lost a loved one, covering funeral expenses and loss of companionship.

Our team has a great deal of experience helping injured victims recover compensation in a number of different personal injury cases, such as: 

If you or a loved one has been injured in a motorcycle accident or any other accident, our team is here to help. 

Serving Monmouth County and All of New Jersey From Our Freehold Office

A motorcycle gives you the feel of the open road. And for many riders, it is the ultimate feeling of freedom and power that makes riding a motorcycle enjoyable. Unfortunately, not all motorists watch out for motorcycles. Because motorcycles are much smaller than cars and trucks, they are easy to miss, especially when drivers are distracted. Motorcycle accidents are often serious for the motorcyclists because their vehicles offer very little in the way of protection against the road itself or other vehicles. Often, a motorcyclist can suffer catastrophic injuries while an automobile driver may not be injured at all. This imbalance can lead to significant injuries, damages, and even death.

Call Mallon and Tranger Today if You've Been Injured in a New Jersey Motorcycle Accident

If you or a loved one has been injured in a motorcycle accident in New Jersey, don't face the legal challenges alone. The dedicated team at Mallon and Tranger is here to provide the support and representation you need to achieve justice and recovery. Contact us today or connect with us online to schedule your free consultation.

Frequently Asked Questions

How does hiring a motorcycle accident attorney in Freehold, New Jersey improve my chances of a fair settlement?

When you work with a skilled motorcycle accident attorney in Freehold, New Jersey, you gain an advocate who understands how insurance companies often undervalue motorcycle injury claims. We can build a strong case by gathering accident reconstruction reports, medical records, and eyewitness testimony to establish liability and damages. This allows us to negotiate from a position of strength and increases the likelihood that you’ll receive a settlement that truly reflects your losses.

Can a motorcycle accident attorney in New Jersey help if I was injured by a driver who left the scene?

Yes, if you were involved in a motorcycle accident in New Jersey where the at-fault driver fled, an attorney can help you pursue compensation through uninsured motorist coverage or other available avenues. We can investigate the accident, review nearby traffic cameras, and work with local authorities in areas like Freehold and Point Pleasant to strengthen your case. Even in hit-and-run scenarios, there may be options for recovery that you might not know about without experienced legal guidance.

Does not wearing a helmet affect my New Jersey motorcycle injury claim?

New Jersey requires all riders and passengers to wear an approved, properly fitted helmet. Failing to wear one may be cited and can be argued by insurers as contributing to certain injuries. You can still bring a claim for another driver’s negligence. Comparative negligence rules may reduce damages if the defense proves lack of a helmet worsened specific harm. Medical experts are often used to address causation. Your attorney will focus on the other driver’s fault while handling any helmet-related defenses.

Who pays my medical bills after a motorcycle crash if PIP does not apply?

Motorcyclists are generally excluded from New Jersey’s automobile PIP benefits because the statute defines covered “automobiles” and does not include motorcycles. That means riders often rely on health insurance, optional motorcycle medical payments coverage, and the liability insurance of the at-fault driver through a bodily injury claim. If a household automobile policy includes UM or UIM, it may help with losses when the at-fault driver is uninsured or underinsured. Coordinating these coverages is time sensitive. Your lawyer will also examine any subrogation rights your health plan may assert. These steps protect access to treatment while your liability case proceeds.

What insurance coverages should New Jersey riders consider to protect themselves?

Because PIP usually does not cover motorcycle operators, riders should consider robust UM and UIM limits on their household auto policies and their motorcycle policies. Medical payments coverage on a motorcycle policy can help pay treatment costs regardless of fault. Higher liability limits protect personal assets if a rider is alleged to have caused harm. Riders should also understand coordination options with health insurance. Reviewing policy declarations before an accident helps avoid unpleasant surprises. State consumer guidance explains these coverages and how they work.

How do I know if my motorcycle accident injuries in New Jersey are worth pursuing with an attorney?

After a motorcycle accident in New Jersey, it can be difficult to know whether your injuries justify legal action. Even injuries that seem minor at first can develop into long-term medical issues, which is why it’s crucial to consult with an attorney who understands motorcycle claims in areas like Freehold and Point Pleasant. We can evaluate the full extent of your damages, including future medical costs and lost earning capacity, and advise whether legal action is in your best interest. If you’d like to learn more about how we can help, please contact us to discuss your situation.

Additional Information in New Jersey

  • Quarterly Progress Report: Motorcycle Crash Analysis: Examines motorcycle crash trends across the state. Covering April through June 2008, it includes a review of motorcycle training effectiveness, accident rates, roadway and roadside safety concerns, licensing and training needs, and recommendations to reduce both fatal and non-fatal motorcycle accidents in New Jersey.
  • Understanding Motorcycle Accident Claims and Settlements: Explains the key steps in pursuing a motorcycle accident claim, including proving negligence, calculating damages, and deciding whether to settle or go to trial. It also covers issues like partial fault, helmet use, and the value of hiring an attorney to guide the process.
  • NHTSA – Motorcycle Road Safety: Offers federal guidance on motorcycle safety, including crash prevention tips, helmet use, rider training, and data on motorcycle-related fatalities. This resource helps riders in Freehold, Point Pleasant, and across New Jersey understand best practices for staying safe on the road.


Contact Our Office

While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call or complete the intake form below.
Fax:
732-780-5002
Email:
mailbox@tmallonlaw.com
Schedule:
(Monday - Sunday) 9-5 mon-friday

How Can We Help You?

Freehold Office
Point Pleasant Office
Powered By:
EpicWebResults logo
chevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram