Seeking Fair Compensation For Your Motorcycle Accident

Last updated on August 26, 2026

Despite efforts to ensure that drivers are seeing motorcyclists, too many drivers are unaware of the motorcyclists in their area. When a driver hits a motorcyclist due to recklessness or negligence, they should be liable for the cost of the victim’s recovery. Unfortunately, holding the liable party accountable for their actions can take a bit of effort.

At Benjamin M. Del Vento, P.A., our motorcycle accident attorneys use a team approach to serve clients throughout the Livingston area and the rest of New Jersey in their personal injury needs. Our decades of experience can be your greatest advantage in your personal injury claim, and we can help you maximize the compensation you receive for your injuries.

Compensation That Reflects Your Costs

Often, the insurance company of the liable party will try to convince you to take a swift settlement offer. While this may seem to be a blessing, it is more than likely that this offer is far less than you deserve. As your legal representation, we will work with you to determine a fair compensation goal for your injuries and other accident consequences, and we will fight to secure the settlement that reflects all of the costs from your injuries, including:

• Lost income
• Loss of earning potential
• Current and future medical expenses
• Home modification or relocation costs to accommodate your injuries
• Physical and emotional therapy
• Pain and suffering

Instead of trying to juggle your case and your health on your own, wondering if you are getting the best results in either, you can rest easy knowing you have a skilled and committed legal team at your back.

Why Motorcycle Accidents Can Be Unique

Motorcycle accidents have distinct characteristics that set them apart from other vehicle accidents. The lack of protective barriers around a motorcycle increases their vulnerability during a crash.

Unlike in a car, where seat belts, airbags and the frame of the vehicle provide some degree of protection, a motorcycle offers minimal shielding from impact. This means that even at lower speeds, motorcyclists can suffer severe injuries.

Other factors that make motorcycle accidents unique include:

• Visibility challenges: Motorcycles are smaller and less visible to other drivers, especially in blind spots or during lane changes.
• More susceptible to road hazards: Things such as potholes, slick surfaces or debris, which might not pose a lot of danger to cars, can easily cause a motorcyclist to lose control.
• The dynamics of a motorcycle’s handling: Motorcycles operate on two wheels, requiring constant balance and control. Any sudden maneuver, such as swerving to avoid an obstacle, can lead to a high risk of a crash, particularly if the rider overcorrects or is inexperienced.

These aspects can combine, leading to motorcycle accidents that often involve more severe injuries and complexities than car accidents.

Common Injuries Associated With Motorcycle Accidents

Here are some of the most common accident injuries:

• Road rash: When a rider is thrown from their bike, they may slide across the pavement, leading to severe abrasions and skin damage, known as road rash.
• Fractures: The impact with the ground or other objects can cause fractures, with the most common being to the wrists, ankles and collarbones.
• Head injuries: Even with a helmet, motorcyclists are at risk of traumatic brain injuries (TBIs), ranging from concussions to severe brain damage.
• Spinal cord injuries: Spinal cord damage is a serious consequence of motorcycle accidents, potentially resulting in partial or complete paralysis.
• Internal injuries: The blunt force of a motorcycle crash can cause internal injuries, such as damage to organs or internal bleeding. These injuries are often difficult to detect immediately and can be life-threatening.

Each of these injuries can have a profound impact on the rider’s life, making motorcycle accidents especially devastating.

Deadline For Filing A Motorcycle Accident Claim

In New Jersey, you have two years from the date of your crash to file a personal injury claim. This rule is called the statute of limitations. If you miss this deadline, the court will most likely dismiss your case and you could lose your right to seek compensation altogether.

Are There Any Exceptions?

In some situations, this two-year clock can pause. This is called “tolling” the statute of limitations. Some circumstances that may affect your deadline include:

• Minor victims: The clock typically does not start until the injured motorcyclist turns 18
• Mental incapacity: If the accident left the victim mentally incapacitated, the timeline may be extended
• Defendant’s absence: Time spent outside of New Jersey by the at-fault party may not count toward the two-year limit

These exceptions are not automatic, and not every situation will qualify. Knowing where you stand early gives you the best chance of protecting your right to fair compensation.

The Most Common Causes Of Motorcycle Accidents In New Jersey

Without the protection of a steel frame, airbags or seatbelts, motorcycle riders are exposed to the full impact of a collision. Even a minor accident can lead to serious injuries. Understanding what causes these accidents can help you recognize when another party may be responsible for your injuries. Some of the most common causes include:

• Distracted driving: Drivers who text, eat or lose focus behind the wheel often fail to notice motorcyclists sharing the road with them.
• Speeding: Excessive speed reduces a driver’s ability to react in time, increases stopping distance and makes accidents far more severe.
• Left-turn accidents: Many accidents happen when a car or truck turns left in front of an oncoming motorcyclist because the driver did not see the bike or misjudged its speed.
• Lane splitting: Riding between lanes of slow-moving or stopped traffic creates dangerous situations.
• Unsafe lane changes: Drivers who switch lanes without checking their blind spots put motorcyclists at serious risk.
• Driving under the influence: Alcohol and drugs impair a driver’s judgment and reaction time.
• Poor road conditions: Potholes, uneven pavement and debris can cause a motorcyclist to lose control even when they are riding carefully.

While riders can take steps to protect themselves, the responsibility for safe driving falls on everyone sharing the road. Identifying the cause of your accident is one of the first steps toward building a strong claim and holding the right party accountable.

Learn More About Motorcycle Accident Claims

When you’re recovering from a motorcycle accident, uncertainty about the legal process can add to your stress. You deserve clear, straightforward answers about your case and your rights. Below are answers to questions we frequently hear from motorcycle accident victims throughout New Jersey.

How long will my motorcycle accident case take to resolve?

Most motorcycle accident cases settle within six months to a year, but your specific timeline depends on several key factors.

Your medical treatment has the most impact on how long your case takes. You cannot move toward settlement until your doctors have a complete understanding of your condition and can assess whether future treatment will be necessary. If you settle too early, you risk accepting compensation that will not cover all your medical costs down the road.

The insurance company’s response also affects your timeline. Insurers sometimes question who was responsible for the accident or dispute the severity of your injuries, which creates delays. Cases involving multiple vehicles or complicated circumstances typically take longer as well, since they require more thorough investigation.

Does New Jersey’s no-fault insurance law apply to motorcycle accidents?

No, New Jersey’s no-fault insurance law does not cover motorcycles. Instead, you can file a claim directly against the at-fault driver’s liability insurance. Unlike the no-fault system that applies to car accidents, you have the right to seek full compensation for your medical bills, lost income, pain and suffering, and other damages from the driver who caused your crash. This means proving fault becomes central to your case.

What happens if I was partially at fault for my motorcycle accident in New Jersey?

New Jersey uses a modified comparative negligence system that lets you recover compensation as long as your share of fault does not exceed 50%. For instance, suppose your case results in $50,000 in damages and the court assigns you 30% of the fault. You would receive $35,000 instead of the full amount. If the court finds you were more than 50% responsible, state law bars you from collecting any damages.

Will my motorcycle accident case go to trial?

Most motorcycle accident claims settle through negotiations with the insurance company. However, a trial becomes necessary when insurers refuse to offer fair compensation or dispute who caused the accident.

Several factors influence whether your case goes to trial. These include the strength of your evidence, the severity of your injuries, how much the insurance company is willing to pay and whether they accept responsibility for the accident. Sometimes the insurer’s offer falls so far short of what you deserve that negotiation simply cannot bridge the gap.

Let Our Motorcycle Accident Attorneys Handle The Hard Part

Do not make the mistake of trying to earn the fair and full compensation you deserve after an accident on your own. Arm yourself with a skilled and dedicated attorney and leave the work of obtaining the money you deserve to them. Contact our office by calling us at 973-869-5325 or email us here to schedule your initial consultation today.