Middlesex County Motorcycle Accident Attorney
Motorcycle accidents are often more dangerous for drivers and passengers than ordinary car accidents. A motorcycle rider or passenger is wholly exposed during an accident. A driver of a car or a truck, however, is afforded more protection inside the vehicle. For this reason, motorcycle riders may sustain more severe and extensive injuries that lead to greater costs and expenses.
If you sustained injuries during a motorcycle crash, you should think about filing a lawsuit for personal injuries against the driver responsible for them. You may be entitled to damages to help you pay for medical treatments and your costs of living while you recover. Our Middlesex County motorcycle accident attorney can help. Get in touch with Jerry Friedman by calling 1-800-529-4464. We can arrange a free and confidential legal consultation about your accident.
Proving Negligence in a Personal Injury Case for a Motorcycle Accident in Middlesex County
If you were injured in a motorcycle crash or collision and wish to sue for damages, we will need to prove that the driver of the other vehicle was negligent. Proving negligence requires establishing four distinct factors: duty, breach of that duty, causation, and injury.
Without duty, there can be no negligence. Negligence inherently involves a duty of care that one person owes to another and failing to fulfill that duty. Even though another driver on the road might be a total stranger, they owe you a duty of care. All drivers owe a duty to drive responsibly. Driving may feel like a mundane activity that we all perform every day, but it is also very dangerous if we’re not careful.
The second important factor we have to prove is that the defendant driver breached the duty they owed. Proving the breach of duty sounds a lot like proving fault. If another driver ran a stop sign before hitting you in an intersection, they have breached or violated their duty to drive safely. Drivers have a duty to obey traffic laws and when they do things like run red lights or drive recklessly, that duty is breached.
It is not enough to prove that the defendant driver breached their duty. We must also prove that this breach is the cause of your injuries. This may seem a bit redundant, but the other driver may argue that your injuries were caused by something other than their negligence. Often, defendants will accuse the plaintiff of being negligently responsible for their damages.
Finally, we have to show that you actually suffered injuries. This is a bit simpler and can be demonstrated by medical records from doctors and hospitals and your testimony. Our Middlesex County motorcycle accident attorney can work with you to prove the other driver was negligent and responsible for your injuries.
Calculating Damages after a Motorcycle Accident in Middlesex County
Damages include more than just your injuries. Damages can consist of various costs and expenses that are directly and indirectly related to your motorcycle accident. We can start calculating damages by examining your medical bills. Any medical treatment you have received came at a cost. We can add those costs to your total damages.
We can examine your property damages too, namely the damage to your motorcycle. Your motorcycle might require extensive repairs or maybe even total replacement. The cost of your damaged bike should also be calculated as part of your total damages.
We must also think about your job. In many cases, accident victims must take some time off from work to recover from their injuries. This may mean losing out on wages you would have otherwise been able to earn. If you earn $2,000 per month at your job and miss three months of work due to your motorcycle accident, we may claim $6,000 in damages. This number may be even higher if you are too injured to go back to work indefinitely. Some people suffer injuries so severe and long-lasting that they are unable to return to their job. We can argue that you are entitled to many years of lost wages in that case.
We also must consider any necessary long-term care. If you need to hire a private nurse or even enter a long-term care facility after your accident, those expenses must be added to your total claimed damages. If you are unsure about your potential damages, speak to our Middlesex County motorcycle accident attorney for guidance.
Minimizing Your Own Fault in a Motorcycle Accident Case in Middlesex County
New Jersey follows a rule of comparative negligence for personal injury claims based on negligence. The comparative negligence rule states that if the plaintiff is somewhat responsible for their injuries, their total damages may be reduced. Basically, if you claim $10,000 in damages, and a jury decides you were 25% responsible for the crash and your injuries, you might still win, but your damages may be reduced to $7,500.
For the above reason, it is crucial to minimize your own negligence wherever possible. If you forego certain safety precautions, you might be found partially negligent. For example, choosing not to wear a helmet or proper motorcycle safety gear could lead to more severe injuries in the event of an accident. A jury might think you are somewhat responsible or partially negligent and reduce your damages. Similarly, you should make sure your bike is in proper working order before hitting the road and you should always follow all traffic laws. Running stop signs or speeding is a great way to increase your negligence. If you suspect you might be a little bit responsible for your accident, speak with our Middlesex County motorcycle accident attorney.
Reach Out to Our Middlesex County Motorcycle Accident Attorney Today
If you or a loved one was injured during a motorcycle crash, please get in touch with our Middlesex County motorcycle accident attorney as soon as possible. You might be entitled to damages that can help you get back on your feet and pay for medical expenses. Call Jerry Friedman at 1-800-529-4464 and ask about a free legal consultation.
