Hiring a Motorcycle Accident Lawyer in New Jersey
The New Jersey helmet and lane-splitting rules, the deadline to sue, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in New Jersey: fee rules
| Rules on contingency fees | In New Jersey, contingent fees are governed by Court Rule 1:21-7 ("Contingent Fees") as well as RPC 1.5. An Official Comment to Rule 1:21-7, effective September 1, 2024, sets requirements for retainer agreements in statutory discrimination (fee-shifting) cases: lawyers must disclose in the retainer agreement all identifiable fees or costs the client may have to pay, give an estimate of fees and costs and the range of value of the case at the start, keep the client informed of added fees and costs, and promptly tell the client when rising fees and costs are likely to leave little or no recovery. An agreement charging the greater of a contingent fee or an hourly fee payable even with no recovery is presumptively unreasonable; there is no cap on fees in statutory fee-shifting cases, but lawyers should tell clients when the fee percentage is higher than 33 1/3 percent. |
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| If you disagree with a lawyer's bill | New Jersey's Supreme Court created 17 district fee arbitration committees (volunteer attorneys and non-attorneys) that decide, at the client's request and through binding arbitration, whether a fee is reasonable; they cannot award malpractice damages. The attorney must tell you of your right to fee arbitration, and you must file a Fee Arbitration Request form within 30 days of that notice. Send it (five copies, with documents) to the district secretary for the county where the attorney has an office, with a $50 filing fee payable to "Disciplinary Oversight Committee" (a fee waiver can be requested). Arbitration is not available if the fee exceeds $100,000, more than six years have passed since the last services, a court has set the fee, or the dispute raises substantial legal questions. Disputes under $3,000 can be heard by one member; larger ones by a three-member panel. Hearings are private and confidential; refunds are due within 30 days, and appeals to the Disciplinary Review Board are allowed only on limited grounds. Forms hotline: 1-800-406-8594. |
| If a lawyer takes your money | The New Jersey Lawyers' Fund for Client Protection reimburses clients whose money was stolen by a New Jersey attorney, and can return money paid to an attorney when no services were rendered. It does not cover bad advice, losing a case, investments, fee disputes or malpractice. The attorney must be suspended, disbarred, in disability inactive status or deceased, and you must prove the attorney received and converted your money or property. Awards are up to $400,000 per claimant and $1.5 million total for all claims against one attorney. File within one year of the attorney's first discipline or death (the Trustees may allow late claims for good cause). There is no filing fee; file online or mail the Statement of Claim (original and two copies) to P.O. Box 961, Trenton, NJ 08625-0961; phone 855-533-3863, Option 2. |
New Jersey rules to know first
| Helmet law | All riders: no person may operate or ride on a motorcycle without a securely fitted, approved protective helmet with a neck or chin strap and reflectorized on both sides (fully enclosed autocycles and similar enclosed three-wheelers are excluded). The Motor Vehicle Commission may not assess license points for failing to wear a helmet. The statute does not address whether not wearing a helmet affects damages. Source: N.J.S.A. 39:3-76.7 |
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| Lane splitting | New Jersey's marked-lanes statute requires that a vehicle be driven as nearly as practicable entirely within a single lane and not be moved from that lane until the driver has first made sure the move can be made safely, and that vehicles normally use the right-hand lane except when passing or preparing for a left turn. The section read does not mention motorcycles or lane splitting by name. Violating the marked-lanes rule carries a fine of $100 to $300 plus a $50 surcharge. Penalty: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/32712/33661?f=templates$fn=document-frame.htm$3.0 . A motorcycle-specific lane-splitting statute was not identified in the sections read. Source: N.J.S.A. 39:4-88, 39:4-88.1 |
| Fault rule | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant (or the combined negligence of the defendants); damages are reduced by the injured person's percentage of negligence. Source: N.J.S.A. 2A:15-5.1 |
| Deadline to sue | Two years. An action for injury to the person caused by the wrongful act, neglect or default of another must be filed within two years after the cause of action accrues. Source: N.J.S.A. 2A:14-2(a) |
Find and check a lawyer
| Lawyer referral service | Lawyer referral in New Jersey is run by county bar associations. The New Jersey State Bar Association lists the county bar associations that provide lawyer referral services; select your county of residence and contact that county's service directly (the NJSBA asks people not to contact referral services outside their own county). The New Jersey Courts say they cannot recommend a lawyer but point to this list. NJ Courts child support self-help page also links this list: https://www.njcourts.gov/self-help/child-support-custody |
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| Check that the lawyer is licensed | The New Jersey Judiciary (the Supreme Court regulates New Jersey attorneys) provides the Statewide Attorney Index, linked from the njcourts.gov Attorneys page, to look up attorneys admitted in New Jersey. Linked from https://www.njcourts.gov/attorneys |
| Check discipline history or file a complaint | Ethics grievances go to New Jersey's 18 district ethics committees, supported by the Supreme Court's Office of Attorney Ethics (OAE), which also investigates and prosecutes complex complaints. Call the Hotline for Ethics and Fee Arbitration Forms at 1-800-406-8594 and enter the zip code of the attorney's office to reach the district ethics committee secretary and request a grievance form (also posted on njcourts.gov). If a case goes to a hearing, it is open to the public; a panel dismisses or recommends discipline to the Disciplinary Review Board, and the Supreme Court makes the final decision. Discipline cannot recover money for you. To check discipline history, the Judiciary's Find a Discipline Case page links to the Disciplinary Review Board's searchable database of attorneys disciplined since 1988, plus OAE quarterly and annual discipline reports; attorneys may share names, so confirm you have the right person. Complaint brochure: https://www.njcourts.gov/sites/default/files/forms/12643_oae_comp_against_atty.pdf |
Free legal help
| Free legal aid | Legal Services of New Jersey's free LSNJLAW Hotline gives free legal advice, information and referrals to financially eligible low-income New Jersey residents in civil legal matters. Call 1-888-LSNJ-LAW (1-888-576-5529), Monday through Friday, 8:00 a.m. to 5:30 p.m., or apply online (about 5-7 minutes; an advocate contacts you within two business days). Help is available in all languages and for people who are hearing-impaired. LSC lists five New Jersey grantees: Central Jersey Legal Services, Essex-Newark Legal Services Project, Legal Services of Northwest Jersey, Northeast New Jersey Legal Services and South Jersey Legal Services. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.