If you were injured in a motorcycle accident on Route 78, you may have more options for pursuing compensation than you realize. New Jersey law treats motorcycle injury claims differently from many passenger-vehicle cases, which can affect a rider’s ability to seek compensation for pain and suffering.
Read on to learn how motorcycle accident claims work and what options may be available after a crash on Route 78.
Interstate 78 cuts east to west across northern Union County through the Springfield, Berkeley Heights, and Union corridor, and it is unforgiving for motorcycles. High-speed merging, sudden slowdowns, and chain-reaction crashes give a rider almost no margin when a driver changes lanes without looking. Statewide, 72 motorcyclists were killed in 2025, a sharp drop from a record 120 the year before, according to the New Jersey Office of the Attorney General, but the toll shows how exposed riders remain on highways like this one.
A crash on the Union County stretch of I-78 is handled in the Superior Court of New Jersey, Union Vicinage, in Elizabeth, where these injury claims are decided. A motorcyclist has none of the steel cage a driver relies on, so a routine misjudgment behind the wheel of a car becomes a serious or fatal injury for the rider next to it.
Here is the point that changes many rider claims. New Jersey’s no-fault scheme applies the verbal threshold to people required to carry PIP on an “automobile,” and a motorcycle is not an automobile under N.J.S.A. 39:6A. Because riders are generally not required to carry PIP, the verbal threshold usually does not apply to motorcyclists, so an injured rider can typically sue for pain and suffering without meeting the six injury categories that bind most drivers.
Your own policy facts should still be confirmed, since coverage choices vary, and the two-year deadline under N.J.S.A. 2A:14-2 still applies. It is one of the most overlooked advantages an injured motorcyclist has.
Most motorcycle crashes involve a driver who failed to see the rider, and proving that requires evidence gathered quickly. New Jersey does not permit lane splitting, so a rider lawfully occupying a full lane has the same right to the roadway as any car, a point insurers often try to blur. The NJTR-1 crash report, independent witnesses, and any event data recorder in the other vehicle help establish lane position and right-of-way.
Fault matters under N.J.S.A. 2A:15-5.1 because a rider found more than half at fault recovers nothing. Preserving your motorcycle and gear in their post-crash condition matters too, because the defense will examine them closely. A scuffed helmet or a bent foot peg can corroborate the direction of impact and rebut a driver’s claim that you came out of nowhere.
An injured rider can pursue economic losses such as medical bills and lost income and, because the threshold generally does not apply, noneconomic damages for pain and the lasting effects of the injury, with no statutory cap on those. Since a motorcycle policy carries no PIP, health insurance or medical payments coverage usually handles the bills first. Severe injuries from an I-78 crash often mean a transfer out of county for trauma care, and those costs run high, often well beyond what a minimum-limits policy covers.
If the driver who hit you was uninsured or fled the scene, your own uninsured motorist coverage can step in, and riders should confirm they carry it. Where a driver showed actual malice or wanton and willful disregard, punitive damages may be available under N.J.S.A. 2A:15-5.12, though they are capped and never automatic.
At The Law Offices of Sander Budanitsky, L.L.C., we build motorcycle injury claims around the protections available under New Jersey law and the evidence showing how the crash happened. Attorney Sander Budanitsky has represented injured New Jersey clients since 1996 and understands how insurers may try to place blame on riders to reduce what they pay.
New Jersey generally gives injured riders two years to file a personal injury lawsuit, making it important to protect the claim before that deadline passes.
Consultations are free, and there is no fee unless we recover compensation for you. To discuss your motorcycle accident claim, call The Law Offices of Sander Budanitsky, L.L.C. at (908) 241-3445.
Generally no. Because a motorcycle is not an automobile required to carry PIP, riders are usually not bound by the verbal threshold and can sue for pain and suffering without meeting the six injury categories.
Seek medical care, make sure a police crash report is filed, document the scene and your gear, and preserve your motorcycle in its post-crash condition before repairs.
Reviewed by Sander Budanitsky, Esq., admitted to the New Jersey Bar in 1996.
Last reviewed: August 2026
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, consult a licensed New Jersey attorney.
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