What Happens When You are Injured as a Passenger on a Motorcycle?

Motorcycle rides can be exhilarating, offering a sense of freedom and adventure. However, when accidents occur, the experience can quickly become devastating, especially for passengers. 

If you were injured as a passenger on a motorcycle in New Jersey, understanding your legal rights and the steps to take is critical. 

What Happens When You're Injured as a Passenger on a Motorcycle?

This guide provides an overview tailored to New Jersey residents, including practical advice, relevant laws, and how personal injury lawyers can help you secure the compensation you deserve.

What Should a Passenger Do After a Motorcycle Accident in New Jersey?

Being involved in a motorcycle accident as a passenger can be overwhelming. However, your immediate actions post-accident are crucial for both your safety and any potential legal claims.

  1. Seek Medical Attention Immediately
    Even if your injuries seem minor, get checked by a medical professional. Motorcycle accidents can result in hidden injuries like internal bleeding or traumatic brain injuries. Your medical records will also be essential evidence if you pursue a claim.
  2. Report the Accident
    Call 911 to report the accident to law enforcement. A police report documenting the details of the crash is a vital piece of evidence in personal injury cases.
  3. Gather Evidence
    If possible, collect the following at the scene:

  4. Avoid Giving Statements
    Be cautious about speaking to insurance companies or admitting fault. Consult a Personal Injury Attorney before making any statements.

Can a Passenger Sue Another Motorcycle Driver for Accidents in New Jersey?

Yes, passengers injured in motorcycle accidents in New Jersey can file a claim against any party whose negligence contributed to the crash. This includes:

  • The Motorcycle Operator: If the driver of the motorcycle you were on was negligent (e.g., speeding, reckless driving, or under the influence).
  • Another Motorist: If another driver’s negligence caused the accident.
  • Third Parties: For instance, if a defective motorcycle part contributed to the accident, you may have a claim against the manufacturer.

Under New Jersey law, personal injury claims must prove the following:

  1. The other party owed a duty of care.
  2. They breached this duty through negligence.
  3. Their negligence caused your injuries.

What If Only One Vehicle Was Involved in the Accident?

If the motorcycle you were on was the only vehicle involved in the crash, you may still have a claim. For example:

  • If the driver lost control due to speeding or reckless behavior, you could pursue a claim against their insurance.
  • You may have a product liability claim if a mechanical failure caused the accident.

What Happens When Multiple Vehicles Are Involved?

Accidents involving multiple vehicles can be complex, requiring an investigation to determine liability. In such cases, you may be entitled to compensation from one or multiple parties, including:

  • The motorcycle operator.
  • Other drivers were involved in the accident.
  • Third parties, such as construction companies, if unsafe road conditions contributed to the crash.

How Can You Claim Compensation for Injuries as a Motorcycle Passenger in NJ?

In New Jersey, motorcycle passengers have several options to claim compensation:

  1. Personal Injury Protection (PIP):
    Unlike car passengers, motorcycle passengers typically do not have PIP coverage. However, if you have health insurance, it may cover your medical expenses.
  2. Liability Insurance:
    File a claim against the at-fault party’s liability insurance to recover damages, including:

  3. Uninsured/Underinsured Motorist Coverage (UM/UIM):
    If the at-fault party lacks sufficient insurance, you may be able to file a claim under your own UM/UIM policy.

New Jersey Statute of Limitations for Personal Injury Claims

New Jersey Statute of Limitation law sets a strict deadline for filing personal injury claims. You typically have two years from the accident date to file a lawsuit. Missing this deadline can bar you from recovering any compensation.

Do Personal Injury Lawyers Help Maximize Compensation in New Jersey?

Absolutely. Navigating the legal system and dealing with insurance companies can be daunting, especially while recovering from injuries. A skilled personal injury lawyer can:

  • Investigate the accident to determine liability.
  • Handle communications and negotiations with insurance companies.
  • Ensure all paperwork is filed correctly and within deadlines.
  • Fight for maximum compensation, including non-economic damages like emotional distress.

Relevant New Jersey Laws

Negligence Laws
New Jersey follows a modified comparative negligence rule. This means you can recover compensation as long as you were less than 50% at fault for the accident.

Need Help? Contact Rosengard Law Group

If you or a loved one has been injured as a passenger on a motorcycle in New Jersey, the team at Rosengard Law Group is here to help.

With extensive experience in personal injury law, we understand the challenges you face and are committed to securing the compensation you deserve.

Contact Motorcycle Accident Lawyer or call us at (856) 284-6446 to schedule a free consultation.