Fairview Motorcycle Accident Lawyer

While most riders take great measures to protect themselves, being injured in a car accident can still leave them with severe injuries and exorbitant expenses. However, riders should not have to live with the mistakes of a negligent driver.

Fortunately, Jerry can help by filing your claim on your behalf and proving how the other driver injured you. Many motorcycle accidents happen when a driver violates a traffic law, like illegally merging into a rider or running a red light. Jerry can get the accident report from the law enforcement agency that investigated to determine if a citation was issued, which can then be used as evidence of their carelessness. They can also be held liable for driving unreasonably compared to typical drivers. Most importantly, Jerry can fight counterclaims you were also negligent so that you do not miss out on the compensation you deserve.

For a free case assessment with an experienced motorcycle accident attorney, contact Jerry Friedman today at 1-800-529-4464.

Holding Drivers Liable in a Fairview, NJ Motorcycle Accident Lawsuit

To recover compensation when you are injured in a motorcycle accident, you will need to prove the other driver caused it. In a lawsuit, you assert that the other driver did something wrong or acted negligently behind the wheel. In many cases, though, the defendant will also be making claims that you were negligent. Working with Jerry, our skilled motorcycle accident attorney, can help fight these claims to maximize your compensation. He can review the other driver’s actions to determine how they were careless while also assessing your level of liability. The good news is that you can still file a lawsuit if you were somewhat negligent in the accident.

The Defendant’s Negligence

Proving that the other driver was negligent actually involves a detailed analysis of the facts in the case. Fairview drivers have a duty of care when on the road and can be held liable for breaching it. If you can prove that the driver’s breach of duty caused your damages, you should win your case.

One way to show that a driver breached their duty of care is to determine whether they committed a traffic violation, which is the cause of many motorcycle accidents in Fairview. For example, many drivers hit riders because they illegally changed lanes or were speeding at the time. Other times, drivers run red lights and stop signs to cause the crash. Jerry will get the police report from the accident to confirm whether the driver was cited on the scene. If so, it can be used as evidence of their negligence.

Drivers can also be held liable for acting unreasonably under the circumstances, whether or not they received a ticket. For instance, they might have taken their eyes off the road in a brief moment of distraction or were going faster than the flow of traffic during a storm but still under the speed limit. To judge if the driver’s actions were negligent, they will be compared to what reasonable drivers would have done in that situation. If most drivers would not have done what the driver did in your accident, Jerry can argue it caused your injuries.

You will want to have as much evidence as you can get to prove this, which is why you should take pictures before leaving the scene. If you could still walk around the scene, see if any witnesses stopped to help and speak to them. At the very least, get their contact information so that Jerry can contact them later and arrange for them to testify to what they saw.

Your Negligence

The assessment described above will also be applied to your actions by the defendant’s attorneys. Insurance companies and their counsel often believe they have a better chance of saving costs because motorcycles can be dangerous. However, that is not negligent in and of itself. Riding might be riskier than driving a car, but it is just as legal, so that fact cannot be used against you.

Instead, opposing attorneys will try to determine if you violated any laws during the accident. For example, all riders in Fairview and throughout NJ must wear a helmet when riding, according to N.J.S.A. § 39:3-76.7. If the defense successfully argues that your injuries are worse because you were not wearing your helmet, you might lose some of the compensation you need for recovery.

You might also be partially liable if you were not wearing goggles, had no windshield attached, or had high-set handlebars blocking your view, which are illegal under § 39:3-76.8 and § 39:3-76.3, respectively. Again, violating any one of these regulations will likely not be enough to lose your case, but it could if violations mount up.

If the court decides that the evidence shows that your negligence contributed more to causing the accident than the defendant’s, it can reduce your award or deny any payment, as per § 2A:15-5.1. If the defendant is found more negligent than you, your award will be reduced by the portion of fault assigned to you by the court, but you will still recover something for your damages.

How Long Riders Have to File a Motorcycle Accident Lawsuit in Fairview, NJ

Motorcycle accidents and the injuries they cause tend to be much more complex than common car accident claims, so you need time to prepare your lawsuit. However, § 2A:14-2(a) does not give victims much time to file a claim, allowing only two years to file.

If you need more time to file your claim, Jerry can determine if an exception applies to your situation. One common reason victims need more time to file is that the defendant is not in the state. Fairview sits along the Hudson River just across from NYC, so it is possible that the driver might flee back to New York or even Connecticut or Pennsylvania. According to § 2A:14-22(a), the time they are outside NJ will not count against you.

Call Our Fairview, NJ Motorcycle Accident Lawyer Today for Help Getting Your Compensation

To schedule a free consultation, contact motorcycle accident lawyer Jerry Friedman at 1-800-529-4464.