Jersey City Motorcycle Accident Lawyer
Motorcycle accidents can leave victims with serious injuries that interrupt their lives, as well as permanent disabilities that outright alter their lives forever. Many of these accidents should not be blamed on the fact that you were riding a motorcycle when the crash took place but rather on the negligent car or truck driver who caused the crash.
Jersey City Motorcycle accident lawyer Jerry Friedman is a motorcycle rider himself, and he has been helping motorcycle accident victims throughout New Jersey for over 40 years. If you or a loved one was involved in a motorcycle crash, Jerry can represent you and fight to get you compensation from the insurance companies and the at-fault drivers in your case.
For a free case assessment with a dedicated motorcycle accident attorney, call Jerry Friedman today at 1-800-529-4464.
Common Causes of Motorcycle Accidents in Jersey City
Jersey City has a lot of commuters. Tight roads on its city streets and crowded highways often mean that speeds are low, and since motorcycles may be better to park in the city, a lot of people in the area ride motorcycles. Unfortunately, drivers of other vehicles do not always pay proper attention and work to keep motorcyclists safe on the road.
Cars, trucks, SUVs, and other larger vehicles are often the cause of crashes between a motorcycle and another vehicle. Drivers of these vehicles often cause crashes when they fail to keep a proper lookout for motorcyclists or fail to notice them in their mirrors or blind spots. These drivers could also violate traffic laws by failing to yield or stop when required, by speeding, or by following too closely behind a motorcycle. These drivers could also cause crashes through distracted driving, texting while driving, or drunk driving.
Suing for a Motorcycle Crash in Jersey City
If you were involved in a motorcycle accident or a loved one was seriously injured or killed in a motorcycle crash, you may be entitled to sue them in court for damages. Many of these claims can be handled through an insurance claim, but the damages paid through insurance companies are often too low to cover your needs and often fail to include compensation for pain and suffering. However, you must first prove your case in court to get compensation through a lawsuit.
To prove a motorcycle injury case in court, you typically must show that the at-fault driver was negligent. To do this, you must show that they owed you a duty, that they breached that duty, that the breach of duty caused your injuries, and that you suffered actual damages the court can order compensation for. The duty is typically part of standard traffic laws or expectations that a reasonable driver would have met, such as not following too closely, stopping at red lights, and driving below the speed limit. To prove a breach of this duty, you must show what the other driver did wrong. If this error caused your accident, then you must finally prove what damages you faced to get compensation for your claim.
When you sue in court, the at-fault driver might try to dodge responsibility by claiming that you were actually the one who caused the crash or that you contributed to your injuries so much that the court should not hold them responsible. This is usually done by claiming that you committed your own driving errors or that you were doing something illegal like lane splitting. Drivers might also claim that a failure to wear a helmet or pads – or the simple fact that you chose to ride a motorcycle instead of a car – contributed to your injuries. The law in New Jersey does not require a high level of safety gear, so any claims that you allowed your own injuries by not wearing body armor or not driving a car should be thrown out.
If the at-fault driver does have a legitimate claim that you contributed to your own injuries by violating traffic laws or failing to wear a helmet, this might hurt your case. However, the jury should assign a percentage of the blame to each driver, and as long as your blame was 50% or less, you should still be able to recover damages under New Jersey’s modified comparative fault rules. Damages may be reduced in a claim like this to account for your own contribution to the crash, but you should still be able to recover damages from the other party to account for their fault in the accident.
How Insurance Laws Affect a Motorcycle Accident Lawsuit in Jersey City
In the event of a car accident in Jersey City, both parties are entitled to compensation for their injuries through their own insurance policies, regardless of who is at fault. However, drivers may only pursue legal action if they can demonstrate that they sustained a serious injury, depending on the specifics of their insurance coverage. However, these limitations do not apply to motorcycle accidents.
If you have sustained injuries that would have been covered under no-fault laws, a lawsuit may provide an opportunity for you to seek compensation. Along with economic damages, such as medical expenses, lost wages, and property damage, you may also be eligible for non-economic damages, such as pain and suffering, out-of-pocket expenses, and humiliation. However, these damages are more challenging to prove since they are subjective in nature.
If you are a rider, you might want to consider getting MedPay insurance coverage. With MedPay, you could be covered for up to $10,000 worth of injury expenses in case of a motorcycle accident. This coverage would be in addition to any compensation you might receive from the at-fault driver and their insurance provider.
Damages in a Motorcycle Injury Case in Jersey City
If you suffered injuries in a motorcycle crash, there may be significant financial damages you are entitled to claim. If your injuries require emergency medical treatment, follow-up appointments, ongoing therapy, rehabilitation, and other care, you should be entitled to have these damages paid by the at-fault driver or their insurance company. Moreover, if your injuries caused you to miss work or caused disabilities that prevented you from working at your former capacity, the parties that caused the injuries should pay for lost wages. Lastly, damages can often be claimed for the pain and suffering the injuries cause you.
Other damages may be available in your case as well, such as the damages to repair or replace your motorcycle. Damages for the loss of a loved one can also be much higher. These damages can grow to include the value of funeral and burial expenses, lost companionship, lost household services, and other damages. Talk to a New Jersey motorcycle accident attorney about what your case is worth.
Evidence Commonly Used in a Jersey City Motorcycle Accident Lawsuit
If you want to receive compensation for injuries sustained in a motorcycle accident, it is crucial to provide evidence that proves the other party was at fault. This evidence can come from various sources and may require effort on your part to gather. In a Jersey City motorcycle accident case, the following types of evidence are typically used:
Police Reports
In a motorcycle accident lawsuit, the police report is a crucial piece of evidence. It contains information gathered by the officer who investigated the crash at the scene. This information includes details about the vehicles involved, their damages, and the driver’s contact and insurance information. The report may also include other relevant information and statements from witnesses who saw the accident. Reports with witness statements are particularly useful as they can reveal inconsistencies between what happened and what the driver claimed happened after the incident.
Obtaining a police report can be beneficial in proving the negligence of the driver who hit you. If the report shows that they received a ticket for causing the accident, it can serve as evidence. You can usually get a copy of the report online from the investigating law enforcement agency. However, it may take approximately a week before it becomes available.
Medical Records
It is essential to keep your medical records safe as they serve as important evidence to prove the extent of your injuries and the necessary treatment you received after the accident. Through these records, it can be determined whether you require ongoing medical attention or if you have sustained permanent injuries that may impact your ability to work or enjoy life in the future. Additionally, medical records often contain the doctor’s findings regarding the cause of your injuries.
Getting prompt medical attention after a motorcycle accident is important. This helps to record the extent of your injuries and the steps you took to address them. Moreover, it serves as evidence to insurance providers and the legal system that your injuries were significant and merit compensation.
Photographs
Taking photos at or near the site of a motorcycle accident can provide evidence of the severity of the accident and its possible causes. These photos can reveal important details, such as the location of skid marks and the distance of your bike from the point of impact. You can easily capture evidence using your smartphone, including images of damaged vehicles, shattered glass, and other relevant evidence that can support your compensation claim. Since much of the physical evidence from the accident will be removed from the scene, preserving it through photos is important for future reference.
It may be helpful to provide images of any injuries sustained during an accident. This way, you can compare them with photos taken before the accident and later when you have started to recover. Having evidence of the severity of your injuries will increase the likelihood of receiving a higher award for damages.
How Long You Have to File a Motorcycle Accident Lawsuit in Jersey City
If you were involved in a motorcycle accident in Jersey City and wish to pursue compensation for your injuries, it is important to act quickly. Each state has a time limit, referred to as the statute of limitations, for filing a personal injury lawsuit. In New Jersey, this limit is defined in N.J.S.A. § 2A:14-2, which generally allows motorcycle accident victims two years from the date of their accident to file their lawsuits. The court takes this rule seriously for the sake of efficiency, and cases not filed within the two-year window may be dismissed.
Filing a lawsuit takes less time than one may think. However, there are several other steps involved in the process, making it crucial to commence your case promptly. Jerry is available to assist with drafting your complaint and gathering evidence to support your case. Properly serving the lawsuit on the defendant also requires some time. Any errors during the filing process may result in the need to refile your lawsuit, which can be costly in terms of time.
Our Jersey City Motorcycle Accident Lawyers Can Help
Call motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464 for a free case review.
