Brick Township, NJ Motorcycle Accident Lawyer
If a motorcycle accident has left you reeling and with considerable damages in Brick Township, we can help you seek compensation from a negligent driver.
To help you recover damages from a motorcycle crash, we can start preparing your claim right away in Brick Township. For example, we will focus on gathering evidence capable of proving the defendant’s negligence, such as eyewitness statements, surveillance footage, and medical records. We can also calculate the full value of your case prior to filing so you can anticipate compensation for economic and non-economic damages. You will only have two years to pursue compensation for a motorcycle crash in New Jersey, so do not delay initiating your case.
For a free case evaluation, call Brick Township, NJ motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464.
Recovering Damages with a Brick Township, NJ Motorcycle Accident Attorney
After a motorcycle accident, injuries can be severe. Because motorcycles offer little protection to riders, even the smallest collision can cause damaging injuries. If you were hurt while riding your motorcycle in New Jersey, we can help you prepare a case for compensation.
In New Jersey, it can be more difficult to recover adequate damages for a motorcycle accident than for a car accident. New Jersey car drivers must carry personal injury protection (PIP) insurance to cover medical costs and lost wages after an accident. However, PIP insurance does not extend to motorcycle accidents. While drivers in Brick Township must carry liability insurance in addition to personal injury protection insurance, not all drivers do. Because of that and policy limits, motorcyclists might have to sue after an accident to receive the compensation they deserve.
Filing Your Case Before the Deadline for Motorcycle Accident Lawsuits in Brick Township, NJ
When injured due to negligence in Brick Township, motorcycle accident victims only have a certain amount of time to file a lawsuit. Try to file any later than the deadline, and the court may dismiss your case.
According to N.J.S.A. § 2A:14-2, the deadline to file your lawsuit will be two years from the accident’s date. This is a strictly imposed deadline, and victims rarely get tolling for delayed discovery or other exceptions to the statute of limitations.
Initially, filing your case on time might seem simple, as you have two years to do so. In reality, victims might quickly get overwhelmed by medical treatments and other challenges due to an accident, delaying their claims. As you focus on physically recovering from a crash, motorcycle accident lawyer Jerry Friedman can start preparing your case, organizing evidence and records as necessary to confirm liability, and can then file your case within two years of the accident.
After you officially file a complaint with the court in Brick Township, you no longer have to worry about the statute of limitations, as it only sets the window during which victims can sue and does not impact how long a case might take to conclude.
Knowing when to file your case is a difficult balance to strike, as suing too soon after an accident might be just as damaging to your case as filing too long after an accident. That is because, right after a crash, victims do not know the true value of their claims or the full scope of their damages. We will file your claim only after calculating your total losses from the accident, including damages not yet incurred.
Proving Fault for a Brick Township, NJ Motorcycle Accident
Because medical costs can be very high after a motorcycle accident, the at-fault driver’s insurance company might disagree about who is to blame. Refuting fault might let the responsible driver’s insurance company avoid paying for your injuries. While this can lead to a lawsuit, it can also deter your access to compensation, which is not ideal.
New Jersey has comparative negligence laws that explain what happens when a victim shares fault in causing an accident. Under § 2A:15-5.1, a victim who shares partial fault for a crash can recover damages, but those damages will be lowered proportionally to their percentage of blame.
According to § 39:3-76.7, motorcyclists in New Jersey must wear helmets and use other safety provisions in case of an accident. Not abiding by these guidelines can result in more severe injuries, like traumatic brain injuries. Even if a victim might be considered partially at fault for their injuries, we can fight to get them the most damages possible. For example, being partially negligent might not matter if the defendant had the last clear chance to avoid the crash but failed to.
Determining fault may be simpler when victims are not partially negligent and, therefore, not partially responsible. Our team will use the available documents and reports from your doctor and the police to prove a negligent driver is at fault for your injuries.
Evidence Used to Prove Liability in a Brick Township, NJ Motorcycle Accident Lawsuit
After a motorcycle accident, the injured rider can seek compensation through a personal injury lawsuit. To win a case, however, gathering and presenting strong evidence is crucial. Eyewitness testimony, evidence from the accident scene, cell phone records, social media posts, expert witness statements, medical records, and video footage are just some of the various types of evidence commonly used to prove liability in motorcycle accident lawsuits in Brick Township.
Eyewitness Testimony
Eyewitness testimony is often one of the most compelling forms of evidence in a motorcycle accident lawsuit. Eyewitnesses who were present at the scene of the accident can provide firsthand accounts of what transpired, which may align with the facts of the accident outlined in your claim.
Their testimony can help establish key elements such as who was at fault, the sequence of events leading up to the accident, and any contributing factors like speeding or distracted driving. Identifying and interviewing eyewitnesses as soon as possible is essential to ensure their recollection of events remains accurate.
To assist with this, victims can and should speak to eyewitnesses at the accident scene. Instead of reviewing the accident in detail with them, simply ask for their contact information. If you cannot speak to eyewitnesses at the scene, we can get their information from the police report or through other means.
Evidence from the Accident Scene
Evidence from the accident scene can play a significant role in establishing liability. This includes photographs, videos, and measurements taken at the scene. These visual representations can help an expert reconstruct the accident and provide valuable insights into how it occurred. Skid marks, debris patterns, and road conditions can all be documented and analyzed to determine fault.
Take pictures of the damage to your motorcycle and any obvious impact points. Try to take pictures of your immediate injuries at the scene as well. This can help show that you were injured during the specific accident in question, not some other event.
Cell Phone Records
One of the most common causes of motorcycle accidents is distracted driving, which can result from various activities like using a cell phone while driving. In fact, cell phone use is a major contributing factor to distracted driving accidents, causing 3,308 traffic accident fatalities and almost 290,000 injuries in 2022. In the event of an accident, cell phone records can serve as strong evidence of negligence if they indicate that the at-fault party was using their phone at the time of the collision in Brick Township.
Social Media Posts
In today’s world, social media is an integral part of most people’s lives. When an accident occurs, social media posts made by the at-fault party before or after the incident can sometimes reveal information that indicates liability.
For example, a post made before the accident might show the at-fault party admitting to being under the influence of alcohol or drugs, while a post made after the accident might show the at-fault party attempting to cover up their mistake. Our team will aim to quickly preserve this type of evidence, as it could otherwise be deleted or altered over time.
Police Reports
Law enforcement is usually dispatched to the scene of the accident to assess the situation and collect information. The officers then use this information to prepare an official police report containing all the incident’s essential details. Such details include the time and location of the accident, the parties involved, and any citations issued as a result of the incident.
In addition to the above information, police reports usually contain statements from all parties involved in the accident. Insurance companies and other parties can use these statements to determine fault and liability in the accident. However, police reports are generally not admissible as evidence in court, but they can serve as an important starting point for further investigation and evidence gathering.
After the accident, we can help you get the resulting report from the Brick Township Police Department. Alternatively, you may be able to download the report online from the New Jersey State Police’s website. Once we have the report, we can review its contents and ensure accuracy. Despite often being inadmissible in lawsuits, inaccuracies in police reports might disrupt a victim’s access to compensation, especially if an insurance company cites such errors as a reason to deny a claim.
Medical Records
Medical records play a significant role in determining the extent of your injuries and how they affect your day-to-day life. Motorcycle accidents, in particular, can result in severe injuries such as fractures, spinal cord injuries, traumatic brain injuries, and internal organ damage.
Detailed medical records documenting the injuries sustained, the treatment received, and the ongoing medical care required can provide compelling evidence of your pain and suffering and your financial losses. Such records might also include diagnostic imaging reports, surgical notes, medication prescriptions, rehabilitation plans, and follow-up appointments.
To make sure your medical records are as thorough as possible, you should go to the hospital straight from the accident scene. Better yet, call 911 and request assistance from paramedics. Medical professionals will make note of your physical condition immediately after the accident, which can help us show that you were injured because of the specific motorcycle accident.
Many motorcycle crash injuries necessitate long-term treatment, often in the form of physical therapy. Victims might have to relearn how to navigate the world, especially if they sustain permanent injuries. Your medical records can detail each step in your physical recovery, further proving your injuries due to negligence in Brick Township.
Expert Testimony
In a trial for a motorcycle accident lawsuit, expert witnesses can provide valuable insights and information related to your injuries or the facts of the accident. Medical experts can testify about the long-term impact of your specific injuries and the associated costs, giving the court a better understanding of the extent of damages caused.
Additionally, accident reconstruction specialists can be called upon to interpret the evidence and provide their expert opinion. Their testimony often illuminates the sequence of events leading up to the accident, the role of each party involved, and the extent of the defendant’s negligence. Accident reconstruction can be especially useful in claims involving comparative negligence defenses or those involving multiple vehicles.
Surveillance and Dashcam Footage
Over the past few years, surveillance cameras and dashcams have become increasingly popular. This technology has proven to be an invaluable asset in motorcycle accident cases, providing crucial evidence that can help determine liability in Brick Township.
Surveillance cameras installed in nearby businesses or residences can capture the accident as it happens, providing a clear and indisputable record of the events leading up to the crash. Dashcam footage from other motorists can also offer valuable insights into the moments leading up to the accident, providing additional evidence to support your case. Visual evidence like this can be particularly persuasive, especially when eyewitness testimony is unavailable or unreliable.
To obtain surveillance footage, we will quickly contact the owners to request access to it. When security camera owners are unaware that their footage is relevant to a lawsuit, they might delete it as time passes.
Types of Damages You Can Get After a Motorcycle Accident in Brick Township, NJ
Compensation typically falls into one of two categories: economic and non-economic damages. Economic damages encompass financial losses from a crash, like medical bills and missed income. Non-economic damages compensate victims for intangible losses, like emotional pain and suffering. In addition to compensatory damages, victims of gross negligence might get punitive damages from juries in Brick Township.
Medical Damages
Seeking reimbursement for medical expenses is one of the main forms of compensation you can pursue after a motorcycle accident. This includes all medical costs related to the accident, whether they were incurred in the past, are currently being paid, or will be needed in the future. Thus, our team will prioritize maintaining detailed records of all medical treatments and expenses related to the accident.
Lost Wages
If your injuries from the motorcycle accident prevent you from working, you are also likely entitled to lost income in Brick Township. This includes not only the wages you have already lost from time missed at work but also future income if your injuries result in long-term disability or reduced earning capacity.
Pain and Suffering
You can also claim damages for physical and emotional distress, commonly referred to as pain and suffering. This includes physical pain, mental anguish, emotional trauma, and the loss of enjoyment of life caused by your injuries.
As pain and suffering are subjective and not easily quantifiable, presenting a persuasive case often requires the help of a skilled law firm. Factors such as the severity of injuries, duration of recovery, and impact on daily life are taken into consideration when determining this type of compensation in Brick Township.
Punitive Damages
When defendants are grossly negligent, victims may get punitive damages from juries in Brick Township. This could happen if the at-fault driver was under the influence of drugs or alcohol at the time of the accident. When preparing your case and assessing its value, we can ascertain whether or not punitive damages are available and, if so, request them when we file your complaint.
How Much Does a Motorcycle Accident Attorney Cost in Brick Township, NJ?
After a motorcycle accident, the financial effect becomes clear. As hospital bills pile up and lost wages begin to make an impact on your life, the prospect of hiring an attorney becomes enticing yet frightening. The thought of paying legal fees on top of your mounting medical bills can be overwhelming. Fortunately, motorcycle accident lawyer Jerry Friedman aims to be transparent regarding costs.
Hefty costs and hourly rates can greatly impact a client’s finances. An understanding and empathetic lawyer may be able to work on a contingent fee basis. This means that an attorney will only receive compensation for their efforts when you are afforded damages for your injuries. This is done so that attorneys remain focused and passionate about each and every case.
Alleviating the financial strain motorcycle accidents cause should be your attorney’s primary concern. Before hiring a lawyer to represent you in your case, ask about their pricing model. If it is not transparent or contingency-based, you might want to explore other options.
Call Jerry About Your Case in Brick Township, NJ Today
To schedule a free case evaluation, contact motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464.
