Asbury Park Motorcycle Accident Lawyer
When motorcycle riders are injured by other drivers in Asbury Park, they might only be beginning to understand the challenges they face. Medical bills will likely be mounting, while at the same time, you cannot work.
Jerry can help you cover the losses the other driver caused by filing a lawsuit and gathering evidence of their negligence. These claims are difficult because the negligent driver often blames the rider for the accident. To fight their claims, take pictures while you are still on the scene if you can. Also, the details should be reported to the police. After, Jerry can get the report, collect your medical records, and devise a strategy to win your case. Another way to avoid losing compensation is to follow NJ’s motorcycle laws. Always wear a helmet and eye protection when riding, as those violations can be used against you if you are not.
For a free review of your case, call motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464.
What You Should Know so that You Do Not Lose Compensation in an Asbury Park, NJ Motorcycle Accident Lawsuit
After a motorcycle accident in Asbury Park, the driver who injured you will be more than ready to blame you for the accident. Insurance companies and their attorneys are all too happy to take up these claims to save themselves money by shaving off some of the compensation you are pursuing. They might even believe you are at fault for the crash simply because you were riding a motorcycle. However, determining fault in a legal claim should be based on evidence, not lazy, outdated stereotypes regarding dangerous bikers.
Our experienced motorcycle accident attorney, Jerry, knows that the majority of motorcyclists make safety their top priority because he has been riding himself for decades. He also knows that New Jersey’s comparative negligence rules can cost riders compensation if they are not properly represented. Under N.J.S.A. § 2A:15-5.1, you cannot recover any compensation if your share of the fault is greater than the other driver.
If the insurance company has enough evidence to reasonably argue that your own negligence contributed to the accident or your injuries’ severity, they might deny your claim altogether. If you are partially at fault but not more than the other driver, you will still lose money proportional to your level of negligence. Fortunately, you can do a few things before and after a motorcycle accident in Asbury Park to protect yourself legally for when you need to file a claim:
Ride Safely
New Jersey has numerous motorcycle laws that riders should be familiar with so they are not only complying with them but also being as safe as possible. While violating any one ordinance might not be enough to jeopardize your claim completely, violating a few during the accident could leave you on the hook for your expenses since traffic violations can be used as evidence of negligence.
It should go without saying that you should always wear a helmet when riding your motorcycle. It is the law under § 39:3-76.7 and will be one of the first facts defense attorneys look for when they review the police report. Studies overwhelmingly show that helmets save lives and greatly reduce the chances of catastrophic and fatal injuries. If your injuries are directly related to the fact that you were not wearing a helmet, it will seriously affect your compensation. For example, perhaps you need long-term physical and occupational therapy to recover from traumatic head trauma. If you were not wearing a helmet, the defendant would have a good argument against being responsible for these damages.
Riders must also wear goggles or other eye protection unless their bike is equipped with a windshield, according to § 39:3-76.8. These provisions are meant to ensure that riders can see clearly since the elements will be in their face. If you do not comply, the other side will argue that you did not see the driver rather than the reverse situation.
Your handlebars should also not be a design that blocks your view. Under § 39:3-76.3, handlebars must not be higher than the rider’s shoulders when seated. While a “chopper” is undoubtedly cool, some types could cost you in your legal case since it will open up arguments that your vision was obstructed and you could not see the other driver.
Jerry also recommends checking your head and taillights before hitting the road, as § 39:3-61(h) requires all headlights, taillights, and reflectors to be operational. Other drivers might not be able to see you if you are riding at night with faulty lights, potentially making you the cause of the accident.
Gather Evidence at the Scene
Besides being as safe as possible when on your bike, collecting evidence while you are still on the scene can also combat the defendant’s claims you were at fault. Some of the evidence lying around the scene cannot be obtained any other way than preserving it while you are still there. That is, of course, if you were not transported immediately from the scene because of your injuries.
Start by contacting law enforcement so they can investigate the crash. In fact, any accident involving injuries, death, or property damage over $500 must be reported, according to § 39:4-130. The police will draft a report with the details and parties involved, including witnesses you might not have spoken to.
Next, use your phone to take pictures and videos. Capture the damage to your bike and any visible injuries you are aware of. Also, take pictures of the other driver’s vehicle and debris. Pictures of the accident scene can also help show how the accident came about, including the traffic lights and signals there. If the defendant says something during the case that contradicts our evidence, our attorney can use it to attack their credibility since they are either lying or cannot remember accurately.
Call Our Experienced Asbury Park Motorcycle Accident Lawyer, Jerry Friedman, Today for Help with Your Case
To schedule a free consultation, contact motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464.
