Do You Need a Motorcycle Accident Lawyer in New Jersey? Here’s How to Decide
How to Decide

If you’ve been involved in a motorcycle accident in New Jersey, you may be wondering whether you need a skilled motorcycle accident attorney. While some cases are straightforward, many others involve complex legal issues, serious injuries, and significant insurance disputes. Understanding when it’s worth hiring an attorney can help you make the best decision for your health, finances, and peace of mind.
In this post, we’ll walk you through key scenarios that may help you determine if a motorcycle accident attorney is right for your situation.
Common Challenges in Motorcycle Accident Cases
Motorcycle accidents can present unique challenges. Unlike car accidents, motorcyclists are often unfairly stereotyped by insurance companies and juries, which can lead to biased decisions. In fact, many people assume that motorcyclists are at fault, especially when there's a lack of clear evidence. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists were nearly 24 times more likely than passenger car occupants to die in a crash per vehicle mile traveled in 2021.
Injuries in motorcycle accidents tend to be more severe, leading to significant medical bills and long recovery periods. Whether it’s a head injury, broken bones, or paralysis, the costs can skyrocket. Unfortunately, insurance companies sometimes downplay these expenses, offering lowball settlements that don't reflect the true costs of your recovery.
Moreover, when it comes to liability, there may be disputes about who’s at fault. The other party might claim that you were responsible, or you could face complications if the accident occurred in a premises accident situation. This can make it harder to recover damages.
When You Might Not Need a Lawyer
Not every motorcycle accident requires a lawyer. If you’ve been involved in a minor incident where there’s minimal property damage, no injuries, and liability is clear, you might not need legal representation. If your insurance company offers a fair settlement and you’re satisfied with it, there’s no immediate need for an attorney.
In these cases, you may be able to handle your claim independently, especially if you’re familiar with the insurance process and New Jersey's traffic laws. However, it's always a good idea to consult with an attorney. Many offer free consultations, which can help you make an informed decision without any cost or obligation.
When You Definitely Should Hire a Motorcycle Accident Lawyer
While some cases are straightforward, there are clear situations where hiring a motorcycle accident attorney is essential:
1. Serious Injuries: If you’ve suffered significant injuries, like broken bones, head trauma, or spinal cord damage, it’s important to have an attorney on your side. These injuries often lead to long-term treatment or permanent disability, and a lawyer will help ensure you receive adequate compensation for medical costs, lost wages, and pain and suffering. Safety equipment plays a major role in injury severity.
The Insurance Institute for Highway Safety (IIHS) reports that helmets reduce the risk of death by 37% and brain injury by 67% — yet many riders involved in fatal crashes aren’t wearing one.
2. Lost Wages: If your injuries prevent you from working for an extended period, you could face significant financial hardship. A lawyer can assist you in seeking compensation for your lost wages and help you navigate the complexities of proving lost income.
3. Disputed Liability: If the other party claims you were at fault or if the insurance company tries to reduce your compensation, a lawyer can help gather evidence and build a case that proves your innocence. In some cases, the accident may even involve premises accidents, where the responsibility lies with property owners.
4. Hit-and-Run or Uninsured Drivers: If the responsible party fled the scene or lacks sufficient insurance, a motorcycle accident attorney will help you pursue compensation through your own policy or other legal avenues, such as uninsured motorist claims.
5. Complex Insurance Issues: Motorcycle accidents often involve multiple insurance policies, including coverage for both vehicles involved, your own personal insurance, and even additional riders. Navigating these policies can be challenging without an attorney's help.
6. Wrongful Death: If a loved one was killed in a motorcycle accident, it’s crucial to speak with a lawyer about a wrongful death claim. In addition to the emotional toll, there are significant financial and legal concerns that need to be addressed.
How a New Jersey Motorcycle Accident Lawyer Can Help
Hiring a motorcycle accident attorney in New Jersey provides several key advantages that can make a substantial difference in your case:
- Investigation and Evidence Gathering: Attorneys can conduct a thorough investigation, collecting vital evidence such as witness statements, accident reports, and video footage. This helps in building a stronger case, especially if you are dealing with complex liability issues.
- Dealing with Insurance Companies: Insurance companies often attempt to minimize their payout to accident victims. A lawyer will handle all communication with the insurer, ensuring that you don’t get taken advantage of and that your rights are protected.
- Maximizing Your Compensation: A skilled lawyer will ensure that all your damages are accounted for, including medical expenses, lost wages, pain and suffering, and emotional distress. This is especially important in cases involving severe injuries or wrongful death.
- Litigation: If negotiations with the insurance company fail to yield a fair settlement, your lawyer will be ready to take the case to court. Lawyers are equipped to handle litigation and trial procedures, ensuring that your case is presented in the best light.
- Meeting Legal Deadlines: In New Jersey, the statute of limitations for filing a personal injury claim is two years. Missing this deadline could result in losing your right to pursue compensation. A lawyer ensures all legal deadlines are met and that the necessary paperwork is filed promptly.
What to Look for in a Motorcycle Accident Lawyer in NJ
If you decide to hire a motorcycle accident attorney, it’s important to choose the right one. Here’s what to consider:
1. Experience with Motorcycle and Personal Injury Cases: Look for a lawyer who has specific experience with motorcycle accidents. This expertise is crucial for navigating the unique aspects of these cases.
2. Strong Negotiation and Trial Skills: Your lawyer should be adept at negotiating with insurance companies and, if necessary, representing you in court.
3. Good Reputation: Check reviews, past case results, and client testimonials. A lawyer with a proven track record can offer peace of mind.
4. Free Consultations and Contingency Fees: Many motorcycle accident attorneys offer free consultations, allowing you to evaluate your case without any upfront cost. Additionally, most work on a contingency fee basis, meaning they only get paid if you win.
5. Knowledge of New Jersey Laws: Make sure your lawyer is familiar with New Jersey’s traffic laws, including those that relate to Pedestrian Safety and motorcycle operation. The New Jersey Division of Highway Traffic Safety outlines specific helmet requirements, safety tips, and rider training initiatives that a good attorney should fully understand.
Conclusion & Next Steps
When deciding whether to hire a motorcycle accident attorney, it’s important to weigh the severity of the accident, the injuries involved, and the potential complexities of your case. If you’ve been in a serious motorcycle accident, particularly one involving severe injuries, disputed liability, or significant insurance issues, legal help is often necessary.
It costs nothing to get a consultation with a motorcycle accident attorney—so don’t hesitate to take the first step. By consulting an attorney, you can make informed decisions about your case and your future. If you’ve been injured in a motorcycle accident in New Jersey, contact a skilled lawyer today to protect your rights and maximize your compensation.
About the Creator
Dan T. Matrafajlo
Dan T. Matrafajlo, Esq. is the managing member and lead partner with Beninato and Matrafajlo, Attorneys at Law, LLC. Dan T. Matrafajlo has created a legal precedent in the personal injury field of law with Appellate decision.




Comments
There are no comments for this story
Be the first to respond and start the conversation.