NEW JERSEY MOTORCYCLE LAWS*

 

New Jersey motorcyclists are protected under New Jersey motorcycle law that makes negligent drivers responsible and liable to New Jersey motorcyclists. A bike who is involved in a New Jersey motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of New Jersey.

 

If you sustained an injury due to a New Jersey motorcycle accident and you haven’t contacted a lawyer about your New Jersey motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.             1-877-Biker-Law (1-877-245-3752).

 

Ø      Helmet Law: Helmet with reflectorization required.

 

39:3-76.7:
a. No person shall operate or ride upon a motorcycle in New Jersey unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the director. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof.

 

Ø      Eye Protection: Required for instructional permit holders, unless motorcycle in New Jersey has windscreen.

 

Ø      New Jersey is a No-Fault state.  

 

39:6A-4. Personal injury protection coverage, regardless of fault

Except as provided by section 45 of P.L.2003, c.89 (C.39:6A-3.3) and section 4 of P.L.1998, c. 21 (C.39:6A-3.1), every standard automobile liability insurance policy issued or renewed on or after the effective date of P.L.1998, c. 21 (C.39:6A-1.1 et al.) shall contain personal injury protection benefits for the payment of benefits without regard to negligence, liability or fault of any kind, to the named insured and members of his family residing in his household who sustain bodily injury as a result of an accident while occupying, entering into, alighting from or using an automobile, or as a pedestrian, caused by an automobile or by an object propelled by or from an automobile, and to other persons sustaining bodily injury while occupying, entering into, alighting from or using the automobile of the named insured, with permission of the named insured.

 

Ø      New Jersey No-Fault Benefits that may be available after a New Jersey Motorcycle Accident:

 

·        Lost wages (past and probable future lost wages) as a result of New Jersey motorcycle accident

·        Medical Bills (past and future) due to injuries from New Jersey motorcycle accident

·        Pain and suffering; must meet threshold injury requirement for a New Jersey motorcycle accident

·        Damage to motorcycle resulting from New Jersey motorcycle accident

·        Damages for loss of relationship with spouse, as a result of New Jersey motorcycle accident

·        Other various out-of-pocket costs due to injuries from New Jersey motorcycle accident

 

-New Jersey is a Choice No-Fault State. New Jersey motorcyclists may reject the lawsuit threshold & be able to sue for motorcycle crash injuries.

-New Jersey motor vehicle operators and motorcyclists may be able to choose to sue for injuries from a motorcycle accident, or have a first party no-fault claim under New Jersey state laws.

 

39:6A-8. Tort exemption; limitation on the right to non-economic loss
One of the following two tort options shall be elected, in accordance with section 14.1 of P.L.1983, c. 362 (C.39:6A-8.1), by any named insured required to maintain personal injury protection coverage pursuant to section 4 of P.L.1972, c. 70 (C.39:6A-4):

 

a. Limitation on lawsuit option. Every owner, registrant, operator or occupant of an automobile to which section 4 of P.L.1972, c. 70 (C.39:6A-4), personal injury protection coverage, section 4 of P.L.1998, c. 21 (C.39:6A-3.1), medical expense benefits coverage, or section 45 of P.L.2003, c.89 (C.39:6A-3.3) regardless of fault, applies, and every person or organization legally responsible for his acts or omissions, is hereby exempted from tort liability for non-economic loss to a person who is subject to this subsection and who is either a person who is required to maintain personal injury protection coverage pursuant to section 4 of P.L.1972, c. 70 ( C.39:6A-4) , medical expense benefits pursuant to section 4 of P.L.1998, c. 21 (C.39:6A-3.1) or benefits pursuant to section 45 of P.L.2003, c.89 (C.39:6A-3.3), or is a person who has a right to receive benefits under section 4 of P.L.1972, c. 70 (C.39:6A-4) , section 4 of P.L.1998, c. 21 (C.39:6A-3.1) or section 45 of P.L.2003, c.89 (C.39:6A-3.3) , as a result of bodily injury, arising out of the ownership, operation, maintenance or use of such automobile in this State, unless that person has sustained a bodily injury which results in death; dismemberment; significant disfigurement or significant scarring; displaced fractures; loss of a fetus; or a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. For the purposes of this subsection, “physician" means a physician as defined in section 5 of P. L.1939, c. 115 (C.45:9-5.1).

In order to satisfy the tort option provisions of this subsection, the plaintiff shall, within 60 days following the date of the answer to the complaint by the defendant, provide the defendant with a certification from the licensed treating physician or a board-certified licensed physician to whom the plaintiff was referred by the treating physician.

 

b. No limitation on lawsuit option. As an alternative to the basic tort option specified in subsection a. of this section, every owner, registrant, operator, or occupant of an automobile to which section 4 of P.L.1972, c. 70 (C.39:6A-4), personal injury protection coverage, section 4 of P.L.1998, c. 21 (C.39:6A-3.1), medical expense benefits coverage, or section 45 of P.L.2003, c.89 (C.39:6A-3.3), regardless of fault, applies, and every person or organization legally responsible for his acts or omissions, shall be liable for non-economic loss to a person who is subject to this subsection and who is either a person who is required to maintain the coverage mandated by P.L.1972, c. 70 (C.39:6A-1 et seq.) or is a person who has a right to receive benefits under section 4 of that act (C.39:6A-4), as a result of bodily injury, arising out of the ownership, operation, maintenance or use of such automobile in this State.

(39-6A-8.1. Election of tort option)

 

Ø      Threshold Injury: New Jersey motorcyclists can sue for severe injuries and pain and suffering that meet certain conditions. This is called a verbal threshold. Unless these injuries are met, under New Jersey law you cannot sue for tort liability arising out of a New Jersey motorcycle accident.

 

·        Bodily injury resulting in death

·        Dismemberment

·        Significant Disfigurement

·        Significant Scarring

·        Displaced Fractures

·        Loss of Fetus

·        Permanent Injury within reasonably degree of Medical Probability, other than Scarring or Permanent significant disfigurement

 

N.J.S.A. 39:6A-8 (a):

“…unless that person has sustained a bodily injury which results in death; dismemberment; significant disfigurement or significant scarring; displaced fractures; loss of a fetus; or a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment.”

 

Ø      History of New Jersey:

-1973: No-fault introduced in New Jersey

-1973: No-fault monetary threshold: limits on amount spent on medical bills before a tort is allowed

-1988: New Jersey switches from monetary threshold à verbal threshold

(Allows injured party to define whether they’ve crossed a line that requires compensation for non-economic damages. Disadvantage: broad interpretation by the courts. Advantage: No incentive to exaggerate amount of damages to hit the limit, like w/ monetary threshold.)

 

Ø      Minimum Insurance Requirements: Compulsory Liability Insurance

 

39:6A-14. Compulsory uninsured motorist protection
Every owner or registrant of an automobile registered or principally garaged in this State shall maintain uninsured motorist coverage as provided in P.L.1968, c. 385 (C. 17:28-1.1).

                       

New Jersey No-Fault Statute: NJ ST 39:6A-1
Chapter 6A. Compulsory Automobile Liability Insurance--No Fault Provisions

 

New Jersey 1998 Automobile Cost Reduction Act:

N.J.S.A. 39:6A-1.1

 

“Whereas, To meet these goals, this legislation provides for the creation of two insurance coverage options, a basic policy and a standard policy, provides for cost containment of medical expense benefits through a revised dispute resolution proceeding, provides for a revised lawsuit threshold for suits for pain and suffering which will eliminate suits for injuries which are not serious or permanent, including those for soft tissue injuries, would more precisely define the benefits available under the medical expense benefits coverage, and establishes standard treatment and diagnostic procedures against which the medical necessity of treatments reimbursable under medical expense benefits coverage would be judged; and”

 

Ø      Statute of Limitations: In New Jersey, action must be commenced within 2 years of the injury date of the motorcycle accident.

 

39:6A-26. Tolling statute of limitations for New Jersey Motorcycle Accident
Submission of a controversy to arbitration shall toll the statute of limitations for filing an action until the filing of the arbitration decision in accordance with section 7 of this act.

 

2A:14-2. New Jersey motorcycle accident victim has 2 years to bring actions for injuries to person by wrongful act; Exception to 2 year statute of limitations after a New Jersey motorcycle accident is an action on behalf of minor

 

a. Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within 2 years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday.

b. In the event that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth is not commenced by the minor's parent or guardian prior to the minor's 12th birthday, the minor or a person 18 years of age or older designated by the minor to act on the minor's behalf may commence such an action. For this purpose, the minor or designated person may petition the court for the appointment of a guardian ad litem to act on the minor's behalf.

 

Ø      New Jersey Hit & Run Motorcycle Accident: You may still be able to bring an action for injuries sustained in a New Jersey motorcycle accident even if you do not know who hit you.

 

39:6-78. "Hit-and-run" cases
When the death of, or personal injury to, any person arises out of ownership, maintenance or use of a motor vehicle in this State on or after April 1, 1955, but the identity of the motor vehicle and of the operator and owner thereof cannot be ascertained or it is established that the motor vehicle was, at the time said accident occurred, in the possession of some person other than the owner without the owner's consent and that the identity of such person cannot be ascertained, any qualified person who would have a cause of action against the operator or owner or both in respect to such death or personal injury may bring an action therefor against the association in any court of competent jurisdiction, but no judgment against the association shall be entered in such an action unless the court is satisfied, upon the hearing of the action, that--
(a) The claimant has complied with the requirements of section 5,  

(b) The claimant is not a person covered with respect to such injury or death by any workers' compensation law, or the personal representative of such a person,

(c) The claimant was not at the time of the accident the owner or registrant of an uninsured motor vehicle, or was not operating a motor vehicle in violation of an order of suspension or revocation,

(d) The claimant has a cause of action against the operator or owner of such motor vehicle or against the operator who was operating the motor vehicle without the consent of the owner of the motor vehicle,

(e) All reasonable efforts have been made to ascertain the identity of the motor vehicle and of the owner and operator thereof and either that the identity of the motor vehicle and the owner and operator thereof cannot be established, or that the identity of the operator, who was operating the motor vehicle without the owner's consent, cannot be established,

(f) The action is not brought by or on behalf of an insurer under circumstances set forth in paragraph (1) of section 10.

 

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

 

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

 

***Law portion of site in progress. New Jersey motorcycle law regarding New Jersey motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.