Motorcycle Accidents

A motorcycle accidents attorney at Sammarro & Zalarick, P.A. can be the advocate you need after a serious crash. Motorcyclists face a heightened risk of catastrophic injury due to limited protection compared to occupants of passenger vehicles. These accidents often result in life-altering consequences—from traumatic brain injuries to spinal cord damage—that require immediate and skilled legal attention.

Time is critical after a motorcycle accident. Working with our experienced attorneys ensures evidence is preserved, insurance companies are held accountable, and every avenue for compensation is explored. At Sammarro & Zalarick, P.A., we fight to secure the maximum financial recovery you deserve for medical bills, lost wages, and long-term suffering.

Motorcycle accidents remain a significant concern across New Jersey. Despite advancements in road safety measures, these incidents continue to result in substantial injuries and fatalities each year. Understanding the patterns and contributing factors of these accidents is crucial for enhancing rider safety and informing policy decisions.

According to the New Jersey State Police’s 2023 Fatal Motor Vehicle Crash Report, there were 89 fatal crashes involving motorcycles, resulting in 90 motorcyclist fatalities. This represents a slight decrease from 2022, which recorded 93 fatal motorcycle crashes and 97 motorcyclist deaths. Notably, motorcycles accounted for approximately 13% of all traffic fatalities in the state in 2023, underscoring the heightened vulnerability of motorcyclists on the road.

Key Motorcycle Accident Facts in New Jersey (2023):

Total Motorcycle Fatalities: 90 motorcyclist deaths were recorded in 2023, a decrease from 97 in 2022.

Proportion of Traffic Fatalities: Motorcyclists comprised about 13% of all traffic fatalities in New Jersey for the year.

Common Contributing Factors: Speeding, alcohol impairment, and failure to yield were among the leading causes of motorcycle accidents.

High-Risk Areas: Urban counties such as Essex, Hudson, and Bergen reported higher incidences of motorcycle accidents, correlating with dense traffic and complex roadway systems.

Seasonal Trends: The majority of motorcycle accidents occurred during warmer months, particularly between May and September, aligning with increased motorcycle usage during these periods.

For more detailed statistics and information on motorcycle safety in New Jersey, you can refer to the New Jersey State Police Fatal Motor Vehicle Crash Yearly Reports.

Motorcycle accidents in New Jersey often result in severe injuries due to the limited protection riders have compared to those in enclosed vehicles. Understanding the most common causes of these crashes is crucial for prevention and for establishing liability in the event of a claim. Here are some of the leading factors contributing to motorcycle accidents across the state:

Driver Inattention or Distraction

One of the most frequent causes of motorcycle accidents is inattentive drivers who fail to see or yield to motorcyclists, especially when making left-hand turns at intersections. Texting, talking on the phone, and other distractions are common culprits.

Speeding and Reckless Driving

Excessive speed by either the motorcyclist or another driver significantly increases the risk of accidents and the severity of injuries. Aggressive behaviors like tailgating, weaving between lanes, and failure to obey traffic laws also contribute to crashes.

Unsafe Lane Changes

Drivers who fail to check their blind spots or signal before switching lanes often collide with motorcyclists, who are less visible due to their smaller size.

Driving Under the Influence

Alcohol and drug impairment are major causes of motorcycle accidents, affecting both motorcyclists and other vehicle operators.

Poor Road Conditions

Potholes, debris, uneven pavement, and inadequate signage can be particularly hazardous for motorcycles. In such cases, municipalities or state agencies may bear some responsibility.

Left-Turn Accidents

These commonly occur when a vehicle turns left in front of an oncoming motorcycle, often because the driver misjudges the motorcycle’s speed or distance.

Dooring Incidents

When a parked car’s door is suddenly opened into the path of a passing motorcyclist, the impact can be catastrophic. These incidents are especially common in urban areas.

Inclement Weather

Rain, fog, and snow can make roads slippery and reduce visibility, heightening the danger for motorcycles.

Inexperienced Riders

Lack of proper training or unfamiliarity with traffic rules can lead to rider error, particularly among new or unlicensed motorcyclists.

Defective Motorcycle Parts

Mechanical failures caused by manufacturing defects or poor maintenance—such as brake failure or tire blowouts—can lead to loss of control and crashes.

If you are injured in a motorcycle accident in New Jersey, your first steps at the scene are vital to protecting both your health and your legal rights. Always seek immediate medical attention, even if injuries seem minor—motorcycle accidents often result in internal injuries or trauma that may not be apparent right away. Call 911, report the accident, and ensure a police report is filed. This official documentation will be key when pursuing a claim. If you’re able, collect evidence such as photos of the crash scene, damage to all vehicles involved, road conditions, traffic signs, and visible injuries. Also, obtain contact and insurance details from the other party as well as contact information for any eyewitnesses.

Once your immediate health concerns are addressed, notify your insurance company about the accident. However, be cautious in providing statements—especially to the at-fault party’s insurer. In New Jersey, motorcycle riders are not covered under the state’s no-fault Personal Injury Protection (PIP) laws, which apply to standard motor vehicle operators. This means you must pursue compensation directly from the responsible party’s liability insurance or through a personal injury lawsuit. A skilled attorney can investigate the accident, review police and medical reports, interview witnesses, and gather any traffic camera or surveillance footage. Key elements of your claim may include proving the other party’s negligence—such as speeding, distracted driving, or failure to yield.

To move forward with your claim, you’ll need to determine the full extent of your damages. These typically include medical bills, lost wages, rehabilitation costs, and compensation for pain and suffering. If the accident resulted in permanent disability or long-term care needs, those future costs should also be calculated. Your attorney will work to negotiate a settlement that reflects the full value of your losses. If the insurer refuses a fair settlement, your case may proceed to court. Keep in mind that New Jersey’s statute of limitations for personal injury claims is two years from the date of the accident. Taking timely legal action ensures your right to seek justice and financial recovery is preserved.

If you’ve been injured in a motorcycle accident in Bergen County, New Jersey, taking immediate and strategic steps is essential to protect your health, your legal rights, and your ability to recover compensation.

Call 911 and Seek Medical Attention: Your safety is the top priority. Report the accident to local law enforcement—such as the Bergen County Sheriff’s Office or the nearest municipal police department—and request emergency medical services. Even if your injuries seem minor, get checked by a medical professional, as some serious conditions (like concussions or internal bleeding) may not show symptoms right away.

Document the Accident Scene: If you are physically able, take photos of your motorcycle, the other vehicle(s), the road conditions, traffic signals, and any visible injuries. Exchange contact and insurance information with all parties involved, and gather contact information from witnesses. Request a copy of the police report, which will be a critical piece of evidence for your claim.

Avoid Speaking to Insurance Adjusters Without Legal Counsel: Insurance companies may reach out quickly, often seeking to minimize their payout. Do not provide recorded statements or accept any settlement offers without first consulting a personal injury attorney. In New Jersey, motorcycle riders are not covered by standard no-fault (PIP) insurance, so your claim must be filed directly against the at-fault party or through your own uninsured/underinsured motorist coverage.

Contact a Motorcycle Accident Attorney: An experienced Bergen County motorcycle accident lawyer can help you understand your options, calculate your damages (medical bills, lost income, pain and suffering), and build a strong case. Your attorney can handle communications with insurers, investigate the crash, and, if needed, file a lawsuit within New Jersey’s two-year statute of limitations for personal injury claims.

In Bergen County, liability for a motorcycle accident can fall on one or more parties depending on the specific facts of the case. Identifying all potentially responsible entities is critical to ensuring full compensation for medical expenses, lost income, and other damages. The most common parties who may be held liable include:

Negligent Motor Vehicle Drivers: The majority of motorcycle accidents are caused by drivers who fail to observe or yield to motorcyclists. Common examples of negligence include unsafe lane changes, distracted driving, speeding, failing to yield at intersections, or driving under the influence. If a motorist’s reckless or careless behavior led to the accident, they can be held liable for the resulting injuries.

Government Entities: If the accident was caused or worsened by hazardous road conditions—such as potholes, poor signage, inadequate lighting, or malfunctioning traffic signals—a local or state government agency may be held responsible. These claims must be filed under the New Jersey Tort Claims Act, which imposes strict deadlines and procedural requirements.

Motorcycle or Auto Parts Manufacturers: If a defect in the motorcycle (e.g., brake failure, tire malfunction) or a component of another vehicle played a role in the crash, the manufacturer or distributor could be held liable under product liability laws.

Commercial Vehicle Operators and Employers: If the other vehicle involved was a company-owned truck or delivery vehicle, the employer may be liable for the actions of their employee under the legal doctrine of respondeat superior, especially if the employee was acting within the scope of their job.

Other Motorcyclists or Road Users: In certain scenarios, another motorcyclist, bicyclist, or pedestrian may be partially or fully responsible for causing a crash. Their actions—such as swerving unpredictably or entering traffic without warning—can contribute to a collision.

If you’ve been injured in a motorcycle accident in Bergen County, New Jersey, you may be entitled to recover a range of damages depending on the severity of your injuries, the circumstances of the crash, and who was at fault. New Jersey personal injury law allows injured motorcyclist to seek both economic and non-economic damages from the responsible party.

Economic Damages refer to your out-of-pocket losses and measurable financial impact. These can include:

Medical Expenses

• Hospital bills, surgeries, physical therapy, prescription medications, and future medical care.
• Lost Wages: Income lost due to your inability to work during recovery.
• Loss of Earning Capacity: If the injury affects your long-term ability to work or forces a career change.
• Property Damage: Compensation for damage to your motorcycle and other personal items.

Non-Economic Damages compensate for more subjective losses, including:

• Pain and Suffering: Physical pain and emotional distress caused by the accident and recovery process.
• Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities you once enjoyed.
• Emotional Distress: Anxiety, depression, and trauma resulting from the crash.
• Disfigurement or Disability: Long-term or permanent impairment caused by the accident.

In cases involving extreme negligence or intentional harm, punitive damages may also be available, though they are rare and subject to strict legal standards in New Jersey.

To ensure you receive full and fair compensation, it’s important to work with an attorney who can accurately calculate your losses and advocate on your behalf in negotiations or court.

Yes. In New Jersey, including Bergen County, the statute of limitations for filing a personal injury claim stemming from a motorcycle accident is two years from the date of the accident. This means an injured motorcyclist must file a lawsuit within two years of the incident or risk losing the legal right to pursue compensation altogether. This deadline applies to claims against private individuals or companies who may have caused the crash through negligence, such as distracted or reckless driving.

If a government entity—such as Bergen County or a local municipality—is potentially liable due to factors like defective roadway design, missing signage, or lack of maintenance, the process differs. In such cases, a Notice of Claim must be filed within 90 days of the incident under the New Jersey Tort Claims Act. This formal notice serves as a prerequisite before filing a lawsuit and allows the government agency time to review and respond to the allegations.

Complying with these deadlines is critical, as courts are strict about enforcing statutory time limits. Delays in filing can jeopardize your case, even if liability and damages are clear.

Additionally, acting promptly allows your attorney to secure evidence, gather witness statements, and obtain expert evaluations while details are still fresh. Given the stakes, it is highly advisable to consult a Bergen County personal injury attorney early in the process to ensure your rights are protected and all legal timeframes are properly met.

Yes, New Jersey law requires all motorcycle riders and passengers to wear a helmet. The helmet must be approved by the U.S. Department of Transportation (DOT) and properly fastened. This statewide requirement applies regardless of the rider’s age or experience and is enforced under New Jersey Statutes § 39:3-76.7.

However, not wearing a helmet does not automatically prevent you from recovering compensation in a personal injury claim after a motorcycle accident. That said, if you suffer a head injury and were not wearing a helmet, the at-fault party’s insurer or legal team may argue that your failure to wear a helmet contributed to the severity of your injuries. This could lead to a comparative negligence finding, where your compensation might be reduced in proportion to your level of fault. For example, if you’re found 20% at fault for not wearing a helmet, your damages award would be reduced by 20%.

In summary, while helmet use is mandatory and may impact the outcome of a case involving head trauma, it does not bar you from seeking compensation for injuries caused by another party’s negligence. An experienced motorcycle accident attorney can help counter comparative fault claims and pursue the maximum compensation you deserve.

In a motorcycle accident case, strong evidence is crucial to establish liability, demonstrate damages, and secure fair compensation. In Bergen County, New Jersey, the following types of evidence are particularly important:

Police Accident Report

This is one of the most critical documents in your case. The report will include the officer’s observations, statements from drivers and witnesses, weather and road conditions, and often a preliminary determination of fault.

Photographic and Video Evidence

Photos and videos from the accident scene—showing vehicle positions, skid marks, debris, traffic signs, road conditions, and visible injuries—are essential for reconstructing the crash. Dashcam footage or nearby surveillance camera recordings can be especially persuasive.

Medical Records

Documentation of your injuries, diagnoses, treatments, and prognosis from doctors and hospitals is necessary to prove the extent of your physical harm. These records also link your injuries directly to the crash.

Witness Statements

Testimonies from bystanders or passengers can provide an unbiased account of how the accident occurred. Their observations may support your version of events and contradict the other party’s claims.

Helmet and Safety Gear Condition

In New Jersey, wearing a DOT-approved helmet is mandatory. Evidence that you wore proper safety gear can help demonstrate you took reasonable precautions, which may reduce comparative negligence arguments.

Vehicle and Motorcycle Damage Reports

Photographs and mechanic reports documenting the damage can help demonstrate the force of the impact and corroborate your injury claims.

Expert Opinions

In complex cases, accident reconstruction experts, medical professionals, or vocational experts may be needed to explain technical details, such as how the crash occurred or how your injuries affect your ability to work.

Insurance Communications and Claim Records

Keep copies of all correspondence with insurers, including claims forms, adjuster communications, and settlement offers.

Collecting and preserving this evidence as soon as possible after the accident greatly improves your chances of a successful claim.

The length of time it takes to resolve a motorcycle accident case in Bergen County varies widely and depends on several critical factors—including the complexity of the case, the extent of the injuries, the clarity of fault, and whether the case can be settled out of court. In relatively straightforward cases where liability is clear and damages are not heavily contested, a settlement may be reached in as little as 4 to 6 months. However, cases involving serious injuries, long-term medical treatment, or disputes over liability can take significantly longer—often 12 to 24 months or more.

The resolution process typically begins with a claim filed against the at-fault party’s insurance company. This is followed by a period of investigation, evidence gathering, and medical evaluation. Negotiation with insurers plays a major role and may lead to a prompt settlement. But when insurance companies delay or undervalue a claim, your attorney may need to file a lawsuit. Once litigation begins, the process includes pre-trial discovery, motions, depositions, and potential mediation—all of which can add substantial time depending on the court’s schedule and the parties’ willingness to compromise.

For injured motorcyclists, the process can be emotionally and financially draining. That’s why retaining an experienced personal injury attorney is essential. A knowledgeable lawyer can help move the case forward strategically, handle complex procedural requirements, and advocate aggressively for a resolution that fully compensates for medical costs, lost wages, pain and suffering, and future damages. While patience is often necessary, strong legal representation ensures your claim is not rushed or undervalued.

Yes, under New Jersey’s comparative negligence law, you can still recover compensation for a motorcycle accident even if you were partially at fault. New Jersey follows a modified comparative fault rule, which means you are eligible for compensation as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced by the percentage of fault assigned to you.

For example, if your total damages amount to $100,000 but you are found to be 20% at fault—for instance, for not using a hand signal when turning—your compensation would be reduced by 20%, leaving you eligible to recover $80,000. If, however, you are determined to be 51% or more at fault, you would be barred from recovering any damages under New Jersey law.

Comparative negligence makes it essential to present a clear, accurate, and strategic account of how the accident occurred. Insurance companies and opposing counsel may attempt to inflate your share of fault to limit or deny your compensation. That’s why working with an experienced motorcycle accident attorney is critical. Your attorney can help gather and present evidence, challenge fault determinations, and advocate for a fair and proportionate allocation of responsibility, maximizing your recovery.

A personal injury attorney with experience in motorcycle accidents in Bergen County plays a crucial role in navigating the legal, medical, and procedural challenges that arise after a serious crash. Given the vulnerability of motorcyclists and the high risk of life-altering injuries, it’s vital to have a skilled legal advocate who understands New Jersey’s traffic laws, local court procedures, and the nuances of dealing with insurance companies and opposing counsel.

The attorney’s involvement begins with a comprehensive investigation of the accident. This includes collecting critical evidence such as police reports, medical records, witness statements, and any available video footage or accident reconstruction analysis. A strong evidentiary foundation is essential to prove fault and demonstrate the full scope of the injuries and damages suffered. In cases where liability is disputed or multiple parties may be involved—such as drivers, vehicle manufacturers, or municipalities—your attorney ensures that all responsible parties are identified and held accountable.

An experienced personal injury lawyer also handles all communication and negotiation with insurers, preventing clients from being misled into accepting a low settlement or making statements that could hurt their case. They accurately calculate both economic and non-economic damages—covering medical bills, lost wages, future care, pain and suffering, and long-term disability. If a fair settlement can’t be reached, the attorney is fully prepared to litigate the case in court, presenting a compelling argument to secure just compensation. Beyond legal representation, they provide emotional support, strategic guidance, and peace of mind throughout the recovery process, ensuring the victim’s rights and wellbeing are protected every step of the way.