New Jersey Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
New Jersey injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for New Jersey
- Deadline to sue for an injury
- 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. N.J.S.A. 2A:14-2(a)
- Fault rule (comparative negligence)
- 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); N.J.S.A. 2A:15-5.1
- Wrongful death deadline
- Within two years after the death. If the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent, the action may be brought at any time. N.J.S.A. 2A:31-3
- Minimum car insurance
- New Jersey is a no-fault (choice) state. Standard liability minimums for policies issued or renewed on or after January 1, 2026 are $35,000 per person and $70,000 per accident for bodily injury (they were $25,000/$50,000 from 2023 through 2025), and $25,000 for property damage. N.J.S.A. 39:6B-1, 39:6A-4, 39:6A-8
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | 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) |
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| Deadline to sue for property damage | Six years for any tortious injury to real or personal property. Source: N.J.S.A. 2A:14-1(a) |
| Medical malpractice deadline | Medical malpractice personal injury claims fall under the two-year rule for injury to the person. For a minor's malpractice claim for injuries sustained at birth, the action must be filed before the child's 13th birthday (and if the parent or guardian has not filed by the 12th birthday, the minor or a designated adult may do so). Source: N.J.S.A. 2A:14-2 |
| Wrongful death deadline | Within two years after the death. If the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent, the action may be brought at any time. Source: N.J.S.A. 2A:31-3 |
| Suing the government | Under the New Jersey Tort Claims Act, a notice of claim for death or injury to person or property must be presented to the public entity within 90 days after the claim accrues. A lawsuit may be filed after six months from when the entity received the notice, but no later than two years after the claim accrued. A judge may allow a late notice within one year after accrual for extraordinary circumstances if the entity was not substantially prejudiced. Public entities are not liable for interest before judgment or punitive damages, and pain and suffering damages are generally not allowed unless there is permanent loss of a bodily function, permanent disfigurement or dismemberment with medical expenses over $3,600 (or certain sexual abuse claims). Source: N.J.S.A. 59:8-8, 59:8-9, 59:9-2 |
Fault and damages
| Fault rule (comparative negligence) | 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 |
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| Damage caps | No general cap on compensatory damages in personal injury cases was found. Punitive damages are capped, and claims against public entities have limits on pain and suffering damages. Auto accident claims may be limited by the driver's chosen no-fault tort option. |
| Punitive damages | Allowed only if the plaintiff proves by clear and convincing evidence that the harm resulted from the defendant's acts or omissions that were actuated by actual malice or accompanied by a wanton and willful disregard of persons who might foreseeably be harmed; no degree of negligence, even gross negligence, is enough. Capped at five times compensatory damages or $350,000, whichever is greater, except in certain cases (such as discrimination, whistleblower and AIDS-related cases, and cases where the defendant was convicted of murder, manslaughter or drunk driving). No punitive damages against public entities. Cap: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/365?f=templates$fn=document-frame.htm$3.0 |
Wrongful death
| Who can sue for wrongful death | The action is brought by an administrator ad prosequendum or administrator of the estate (or the executor, if there is a probated will). The recovery is for the people who would inherit the decedent's personal property without a will, in those shares, except that a surviving spouse and descendants share equally; dependents may receive shares set by the court based on their needs. Distribution: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1009?f=templates$fn=document-frame.htm$3.0 Source: N.J.S.A. 2A:31-2, 2A:31-4 |
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| Wrongful death deadline | Within two years after the death. If the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent, the action may be brought at any time. Source: N.J.S.A. 2A:31-3 |
Car accidents and dog bites
| Reporting a crash to police | A driver in a crash that injures or kills anyone, or damages any one person's property by more than $500, must give notice by the quickest means available to the local police department, the nearest county police office, or the State Police. If a passenger is able and the driver is not, the passenger must give the notice. A knowing violation carries a fine of $30–$100, and the MVC can suspend or revoke license and registration privileges. Source: N.J.S.A. 39:4-130 |
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| Crash report to the DMV | For the same crashes (injury, death, or more than $500 in damage to one person's property), the driver must send a written report to the Motor Vehicle Commission on its forms within 10 days — unless a law enforcement officer submits a written report of the crash to the Commission. If the driver cannot, a passenger or (for a non-owner driver) the vehicle owner must report. These reports are not open to public inspection and cannot be used as evidence except to prove the report was made. Knowingly failing to file carries a $30–$100 fine and possible license and registration suspension or revocation. Source: N.J.S.A. 39:4-130 |
| Leaving the scene (hit and run) | A driver knowingly involved in a crash causing injury or death, or damage to an attended vehicle or property, must stop at or as close to the scene as possible, stay, give their name and address and show their license and registration to the injured person, the other driver or occupants, any witness and any police officer, and give reasonable help to anyone injured (including transport for treatment if needed). If no one can receive the information and no officer is present, the driver must report to the nearest police office. Under the motor vehicle law, leaving an injury or death crash carries a $2,500–$5,000 fine and/or 180 days in jail, plus a one-year loss of driving privileges (permanent for a repeat offense). Leaving a property-damage crash (attended or unattended) carries a $200–$400 fine and/or up to 30 days in jail and a six-month loss of driving privileges for a first offense. For an unattended vehicle, the driver must find the owner or leave a secure written note. Source: N.J.S.A. 39:4-129 |
| Minimum car insurance | New Jersey is a no-fault (choice) state. Standard liability minimums for policies issued or renewed on or after January 1, 2026 are $35,000 per person and $70,000 per accident for bodily injury (they were $25,000/$50,000 from 2023 through 2025), and $25,000 for property damage. A low-cost basic or special policy may be used instead. Standard policies must include personal injury protection (PIP) medical benefits of up to $250,000 per person regardless of fault. Drivers choose a tort option; under the "limitation on lawsuit" option, a person may sue for noneconomic loss only for death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, or a permanent injury. |
| Dog bites | Strict liability for bites. The owner of a dog that bites a person who is in a public place, or lawfully in a private place (including the owner's property), is liable for the damages, regardless of the dog's past viciousness or the owner's knowledge of it. Source: N.J.S.A. 4:19-16 |
Slip, trip and fall injuries
| Slip and fall: property owner's duty | New Jersey uses the traditional visitor categories. An owner or occupier must use ordinary, reasonable care to make the premises reasonably safe for an invitee (someone on the premises for the owner's purposes, including business customers), which includes making reasonable inspections and correcting or warning of hazards it knows of or could discover. To recover, an injured invitee generally must show the owner had actual notice of the unsafe condition in time to fix it, or constructive notice (it existed long enough that a reasonably careful owner would have found it), with exceptions such as conditions the owner created and the 'mode of operation' rule for self-service businesses. A licensee or social guest must be warned of dangerous conditions the owner actually knows about and the guest does not, and an adult trespasser is owed only a duty not to be willfully injured. |
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| Falls on snow and ice | Under New Jersey's official model jury charge, a residential owner is not required to clear the natural accumulation of snow and ice from an abutting public sidewalk, but is liable if clearing it negligently creates a new or increased hazard. A commercial property owner must use reasonable care to keep abutting sidewalks reasonably safe, which may require removing snow and ice within a reasonable time, but has no duty to clear them during an ongoing storm (the duty arises within a reasonable time after the storm) unless its own actions increased the risk or a hazard existed before the storm. For public entities, the Tort Claims Act makes neither a public entity nor a public employee liable for an injury caused solely by the effect of weather conditions on the use of streets and highways. |
| Sidewalk falls: who is responsible | Per New Jersey's model jury charge, a residential owner next to a public sidewalk is not responsible for defects caused by the elements or ordinary wear and tear, unless the owner negligently built or repaired it or created the hazard through its own activity. A commercial property owner (including the owner of a vacant commercial lot) must use reasonable care to keep the abutting sidewalk in reasonably good condition and is chargeable with notice of conditions that reasonable observation would reveal. A city or other public entity is liable for a dangerous condition of its property only under the Tort Claims Act: the plaintiff must show the condition was dangerous and caused a foreseeable injury, and either an employee created it or the entity had actual or constructive notice in time to protect against it, and liability requires that the entity's action or inaction was 'palpably unreasonable.' |
| Claims against a city or county | Under the New Jersey Tort Claims Act, a claim for injury or death against a local public entity (city, county, school board, etc.) must be filed with that entity within 90 days after the claim accrues; claims against the State go to the Attorney General or the agency involved. The claimant may sue after six months from when the entity received the notice, and no suit may be filed later than two years after accrual. A judge may allow a late notice within one year after accrual for extraordinary circumstances if the entity is not substantially prejudiced. There is no pre-judgment interest or punitive damages, and pain-and-suffering damages are barred except for permanent loss of a bodily function, permanent disfigurement or dismemberment with medical expenses over $3,600 (or certain sexual abuse claims). Place of filing: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/56089/56161?f=templates$fn=document-frame.htm$3.0 ; late notice: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/56089/56163?f=templates$fn=document-frame.htm$3.0 ; damages limits: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/56089/56167?f=templates$fn=document-frame.htm$3.0 . One law covers both state and local public entities. |
| Injuries on land used for recreation | An owner, lessee or occupant of land, whether posted or not, natural or improved, and even if used commercially, owes no duty to keep the premises safe for people entering for sport and recreational activities or to warn them of hazards, and giving permission does not make them invitees. The protection does not apply to willful or malicious failure to guard or warn against a dangerous condition, to injuries where permission was given for consideration (other than payments from the State), or to injuries the permitted users cause to others to whom the owner owes a duty. Exceptions: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1311?f=templates$fn=document-frame.htm$3.0 Source: N.J.S.A. 2A:42A-3, 2A:42A-4 |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle 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 |
| Pedestrian right-of-way | Drivers must stop and remain stopped for a pedestrian in a marked crosswalk who is on, or within one lane of, the driver's half of the roadway, and must yield to pedestrians in unmarked crosswalks at intersections, except where police or signals control traffic; drivers may not pass a vehicle stopped for a pedestrian. At signals, pedestrians may not cross against the red or 'stop' signal, and drivers must stop for pedestrians crossing on the green. A pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles, and where traffic is not controlled pedestrians must cross in a crosswalk or, if none, at right angles. In a crash in a crosswalk there is a permissive inference that the driver did not use due care; the driver fine for failing to yield is $200. Signalized crossings: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/32712/33548?f=templates$fn=document-frame.htm$3.0 ; crossing rules: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/32712/33550?f=templates$fn=document-frame.htm$3.0 |
| Bicycle laws | A person riding a bicycle on a roadway has all the rights and duties of a vehicle driver, except provisions that by their nature cannot apply. A driver approaching a bicyclist (or pedestrian or scooter user) must, when possible, change into a lane not next to them; if that is not possible, leave at least 4 feet while passing; and if neither is possible or safe, slow down and be prepared to stop. Anyone under 17 must wear a properly fitted and fastened bicycle helmet when riding or riding as a passenger. Passing: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/32712/33671?f=templates$fn=document-frame.htm$3.0 ; helmets: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/32712/33459?f=templates$fn=document-frame.htm$3.0 . Speed-reduction details in 39:4-92.4(b)(3) were only partly read. |
| Uber and Lyft insurance | While a rideshare (TNC) driver is logged on and available but not providing a ride, primary auto liability coverage of at least $50,000 per person and $100,000 per incident for death or bodily injury and $25,000 for property damage is required, plus personal injury protection (PIP) and uninsured/underinsured motorist coverage as required by law. While providing a prearranged ride, required coverage is at least $1,500,000 primary liability for death, bodily injury and property damage, at least $10,000 in medical payments coverage for the driver, and at least $1,500,000 in uninsured/underinsured motorist coverage. Coverage may come from the driver, the company or both, and the company's insurance must pay from the first dollar if the driver's coverage lapses. Source: N.J.S.A. 39:5H-10 |
| Truck safety and insurance rules | New Jersey law directs the Superintendent of State Police to adopt rules for motor carrier operators and vehicles that substantially conform to federal motor carrier safety requirements, including rules for vehicles in intrastate commerce that are compatible with federal rules (small intrastate farm vehicles excepted). The federal hours-of-service variances in 49 CFR 350.341(e) are adopted for intrastate commercial vehicles of 26,001 pounds or more. State Police may inspect commercial vehicles and carrier records for compliance. Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9). Inspections: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/32712/33963?f=templates$fn=document-frame.htm$3.0 ; federal: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387/subpart-A/section-387.9 . |
Construction accidents
| Construction site injuries | Under New Jersey's workers' compensation law, accepting the compensation system surrenders other remedies against the employer, and a co-worker is not liable for a compensable injury except for an 'intentional wrong.' An injured construction worker can still sue a third party (for example another contractor, property owner or equipment maker) whose liability caused the injury; the right to compensation does not bar that suit, and the employer or insurer is reimbursed from the recovery. No New Jersey scaffold-law statute was identified for this entry. Third parties: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/29592/31290?f=templates$fn=document-frame.htm$3.0 Source: N.J.S.A. 34:15-8, 34:15-40 |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in New Jersey?
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.
How long do you have to sue for property damage in New Jersey?
Six years for any tortious injury to real or personal property.
What is the statute of limitations for medical malpractice in New Jersey?
Medical malpractice personal injury claims fall under the two-year rule for injury to the person. For a minor's malpractice claim for injuries sustained at birth, the action must be filed before the child's 13th birthday (and if the parent or guardian has not filed by the 12th birthday, the minor or a designated adult may do so).
How long do you have to file a wrongful death lawsuit in New Jersey?
Within two years after the death. If the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent, the action may be brought at any time.
Who can file a wrongful death lawsuit in New Jersey?
The action is brought by an administrator ad prosequendum or administrator of the estate (or the executor, if there is a probated will). The recovery is for the people who would inherit the decedent's personal property without a will, in those shares, except that a surviving spouse and descendants share equally; dependents may receive shares set by the court based on their needs.
Can you recover damages if you were partly at fault in New Jersey?
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.
Does New Jersey cap damages in personal injury cases?
No general cap on compensatory damages in personal injury cases was found. Punitive damages are capped, and claims against public entities have limits on pain and suffering damages. Auto accident claims may be limited by the driver's chosen no-fault tort option.
When can you get punitive damages in New Jersey?
Allowed only if the plaintiff proves by clear and convincing evidence that the harm resulted from the defendant's acts or omissions that were actuated by actual malice or accompanied by a wanton and willful disregard of persons who might foreseeably be harmed; no degree of negligence, even gross negligence, is enough. Capped at five times compensatory damages or $350,000, whichever is greater, except in certain cases (such as discrimination, whistleblower and AIDS-related cases, and cases where the defendant was convicted of murder, manslaughter or drunk driving). No punitive damages against public entities.
How do you file an injury claim against the government in New Jersey?
Under the New Jersey Tort Claims Act, a notice of claim for death or injury to person or property must be presented to the public entity within 90 days after the claim accrues. A lawsuit may be filed after six months from when the entity received the notice, but no later than two years after the claim accrued. A judge may allow a late notice within one year after accrual for extraordinary circumstances if the entity was not substantially prejudiced. Public entities are not liable for interest before judgment or punitive damages, and pain and suffering damages are generally not allowed unless there is permanent loss of a bodily function, permanent disfigurement or dismemberment with medical expenses over $3,600 (or certain sexual abuse claims).
Is a dog owner liable for a dog bite in New Jersey?
Strict liability for bites. The owner of a dog that bites a person who is in a public place, or lawfully in a private place (including the owner's property), is liable for the damages, regardless of the dog's past viciousness or the owner's knowledge of it.
What is the minimum car insurance required in New Jersey?
New Jersey is a no-fault (choice) state. Standard liability minimums for policies issued or renewed on or after January 1, 2026 are $35,000 per person and $70,000 per accident for bodily injury (they were $25,000/$50,000 from 2023 through 2025), and $25,000 for property damage. A low-cost basic or special policy may be used instead. Standard policies must include personal injury protection (PIP) medical benefits of up to $250,000 per person regardless of fault. Drivers choose a tort option; under the "limitation on lawsuit" option, a person may sue for noneconomic loss only for death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, or a permanent injury.
When do you have to report a car accident to the police in New Jersey?
A driver in a crash that injures or kills anyone, or damages any one person's property by more than $500, must give notice by the quickest means available to the local police department, the nearest county police office, or the State Police. If a passenger is able and the driver is not, the passenger must give the notice. A knowing violation carries a fine of $30–$100, and the MVC can suspend or revoke license and registration privileges.
Do you have to report a car accident to the DMV in New Jersey?
For the same crashes (injury, death, or more than $500 in damage to one person's property), the driver must send a written report to the Motor Vehicle Commission on its forms within 10 days — unless a law enforcement officer submits a written report of the crash to the Commission. If the driver cannot, a passenger or (for a non-owner driver) the vehicle owner must report. These reports are not open to public inspection and cannot be used as evidence except to prove the report was made. Knowingly failing to file carries a $30–$100 fine and possible license and registration suspension or revocation.
What are your duties after a car accident in New Jersey?
A driver knowingly involved in a crash causing injury or death, or damage to an attended vehicle or property, must stop at or as close to the scene as possible, stay, give their name and address and show their license and registration to the injured person, the other driver or occupants, any witness and any police officer, and give reasonable help to anyone injured (including transport for treatment if needed). If no one can receive the information and no officer is present, the driver must report to the nearest police office. Under the motor vehicle law, leaving an injury or death crash carries a $2,500–$5,000 fine and/or 180 days in jail, plus a one-year loss of driving privileges (permanent for a repeat offense). Leaving a property-damage crash (attended or unattended) carries a $200–$400 fine and/or up to 30 days in jail and a six-month loss of driving privileges for a first offense. For an unattended vehicle, the driver must find the owner or leave a secure written note.
Who is responsible if you slip and fall on someone's property in New Jersey?
New Jersey uses the traditional visitor categories. An owner or occupier must use ordinary, reasonable care to make the premises reasonably safe for an invitee (someone on the premises for the owner's purposes, including business customers), which includes making reasonable inspections and correcting or warning of hazards it knows of or could discover. To recover, an injured invitee generally must show the owner had actual notice of the unsafe condition in time to fix it, or constructive notice (it existed long enough that a reasonably careful owner would have found it), with exceptions such as conditions the owner created and the 'mode of operation' rule for self-service businesses. A licensee or social guest must be warned of dangerous conditions the owner actually knows about and the guest does not, and an adult trespasser is owed only a duty not to be willfully injured.
Can you sue for slipping on ice or snow in New Jersey?
Under New Jersey's official model jury charge, a residential owner is not required to clear the natural accumulation of snow and ice from an abutting public sidewalk, but is liable if clearing it negligently creates a new or increased hazard. A commercial property owner must use reasonable care to keep abutting sidewalks reasonably safe, which may require removing snow and ice within a reasonable time, but has no duty to clear them during an ongoing storm (the duty arises within a reasonable time after the storm) unless its own actions increased the risk or a hazard existed before the storm. For public entities, the Tort Claims Act makes neither a public entity nor a public employee liable for an injury caused solely by the effect of weather conditions on the use of streets and highways.
Who is liable if you trip and fall on a sidewalk in New Jersey?
Per New Jersey's model jury charge, a residential owner next to a public sidewalk is not responsible for defects caused by the elements or ordinary wear and tear, unless the owner negligently built or repaired it or created the hazard through its own activity. A commercial property owner (including the owner of a vacant commercial lot) must use reasonable care to keep the abutting sidewalk in reasonably good condition and is chargeable with notice of conditions that reasonable observation would reveal. A city or other public entity is liable for a dangerous condition of its property only under the Tort Claims Act: the plaintiff must show the condition was dangerous and caused a foreseeable injury, and either an employee created it or the entity had actual or constructive notice in time to protect against it, and liability requires that the entity's action or inaction was 'palpably unreasonable.'
How long do you have to file a claim against a city or county in New Jersey?
Under the New Jersey Tort Claims Act, a claim for injury or death against a local public entity (city, county, school board, etc.) must be filed with that entity within 90 days after the claim accrues; claims against the State go to the Attorney General or the agency involved. The claimant may sue after six months from when the entity received the notice, and no suit may be filed later than two years after accrual. A judge may allow a late notice within one year after accrual for extraordinary circumstances if the entity is not substantially prejudiced. There is no pre-judgment interest or punitive damages, and pain-and-suffering damages are barred except for permanent loss of a bodily function, permanent disfigurement or dismemberment with medical expenses over $3,600 (or certain sexual abuse claims).
Is a landowner liable for injuries on land used for recreation in New Jersey?
An owner, lessee or occupant of land, whether posted or not, natural or improved, and even if used commercially, owes no duty to keep the premises safe for people entering for sport and recreational activities or to warn them of hazards, and giving permission does not make them invitees. The protection does not apply to willful or malicious failure to guard or warn against a dangerous condition, to injuries where permission was given for consideration (other than payments from the State), or to injuries the permitted users cause to others to whom the owner owes a duty.
Do you have to wear a motorcycle helmet in New Jersey?
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.
Is lane splitting legal in New Jersey?
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.
Who has the right of way, a pedestrian or a driver, in New Jersey?
Drivers must stop and remain stopped for a pedestrian in a marked crosswalk who is on, or within one lane of, the driver's half of the roadway, and must yield to pedestrians in unmarked crosswalks at intersections, except where police or signals control traffic; drivers may not pass a vehicle stopped for a pedestrian. At signals, pedestrians may not cross against the red or 'stop' signal, and drivers must stop for pedestrians crossing on the green. A pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles, and where traffic is not controlled pedestrians must cross in a crosswalk or, if none, at right angles. In a crash in a crosswalk there is a permissive inference that the driver did not use due care; the driver fine for failing to yield is $200.
What are the bicycle laws in New Jersey?
A person riding a bicycle on a roadway has all the rights and duties of a vehicle driver, except provisions that by their nature cannot apply. A driver approaching a bicyclist (or pedestrian or scooter user) must, when possible, change into a lane not next to them; if that is not possible, leave at least 4 feet while passing; and if neither is possible or safe, slow down and be prepared to stop. Anyone under 17 must wear a properly fitted and fastened bicycle helmet when riding or riding as a passenger.
What insurance must Uber and Lyft drivers have in New Jersey?
While a rideshare (TNC) driver is logged on and available but not providing a ride, primary auto liability coverage of at least $50,000 per person and $100,000 per incident for death or bodily injury and $25,000 for property damage is required, plus personal injury protection (PIP) and uninsured/underinsured motorist coverage as required by law. While providing a prearranged ride, required coverage is at least $1,500,000 primary liability for death, bodily injury and property damage, at least $10,000 in medical payments coverage for the driver, and at least $1,500,000 in uninsured/underinsured motorist coverage. Coverage may come from the driver, the company or both, and the company's insurance must pay from the first dollar if the driver's coverage lapses.
What safety and insurance rules apply to trucks in New Jersey?
New Jersey law directs the Superintendent of State Police to adopt rules for motor carrier operators and vehicles that substantially conform to federal motor carrier safety requirements, including rules for vehicles in intrastate commerce that are compatible with federal rules (small intrastate farm vehicles excepted). The federal hours-of-service variances in 49 CFR 350.341(e) are adopted for intrastate commercial vehicles of 26,001 pounds or more. State Police may inspect commercial vehicles and carrier records for compliance. Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9).
Can you sue for a construction accident in New Jersey?
Under New Jersey's workers' compensation law, accepting the compensation system surrenders other remedies against the employer, and a co-worker is not liable for a compensable injury except for an 'intentional wrong.' An injured construction worker can still sue a third party (for example another contractor, property owner or equipment maker) whose liability caused the injury; the right to compensation does not bar that suit, and the employer or insurer is reimbursed from the recovery. No New Jersey scaffold-law statute was identified for this entry.
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