Millville, NJ Motorcycle Accident Lawyer
While motorcycle riders have a right to the road like every other driver, they are often not treated with this respect. Negligent drivers often injure riders and in numerous ways.
No matter how the other driver caused your motorcycle collision, our attorney, Jerry, can help you bring a lawsuit against them. How your accident was caused will be at the heart of his arguments about the defendant’s liability. For instance, if they hit you from behind or the side, he would argue that the act breached their duty of care. If he can prove that the defendant caused the accident the way they did, he can show that they caused your resulting damages. Our lawyer will also use the evidence he obtains to combat claims that you contributed to your damages in some way, potentially saving a great deal in compensation.
To schedule your free review, contact our motorcycle accident lawyer, Jerry Friedman, today at 1-800-529-4464.
Common Ways Other Drivers Cause Motorcycle Accidents in Millville, NJ
The first step to recovering damages after a Millville motorcycle accident is to determine why it happened. While many riders are unfairly blamed when an accident occurs, the other driver is usually responsible. Jerry Friedman, our motorcycle accident lawyer, can help prove how the negligent driver caused your collision and why they should be held liable for your damages. If multiple drivers are involved, he will help determine their negligent conduct and how it contributed to your damages.
Speeding drivers are one of the most common causes of serious and fatal motorcycle accidents. Speeding drivers are less likely to check twice for motorcycles and will have less time to react if they are about to crash into one. They will also impact with more force, increasing the chances of causing catastrophic or fatal injuries. Accident reconstruction experts can use evidence from the case to help scientifically calculate the speed of the vehicle that hit you.
Another common cause of motorcycle crashes is drivers failing to check their “blind spots” before turning or changing lanes. All vehicles have areas that block the driver’s view, necessitating them to check around the spot to see the road. For instance, the areas to the side and behind a vehicle that they cannot see in their mirrors are blind spots. If drivers do not check before changing lanes, they can sideswipe a motorcycle or run the rider off the road. It is usually evident that they failed to check their blind spots when they illegally changed lanes.
Rear-end accidents are also common but can be much more dangerous for motorcyclists. Being hit from behind at even slow speeds can throw you off your bike and cause serious injuries. While liability is usually clear-cut in these cases, some drivers flee the scene knowing that they will be held civilly and possibly criminally responsible for a devastating motorcycle accident. Jerry can argue for more time to file your claim and work with the police to identify the driver if you were the victim of a hit-and-run.
Proving Liability for a Motorcycle Accident in Millville, NJ
The goal is to gather as much evidence as possible since New Jersey uses “modified comparative negligence” to determine liability between parties in an injury claim. Considering that many motorcycle accident victims are wrongly blamed for their injuries and subject to prejudice because of their hobby, this rule can seriously impact how much compensation they recover.
Under N.J.S.A. § 2A:15-5.1, you get no compensation if your share of negligence is more than the defendant’s. Even if you are awarded compensation while partially at fault, it will be reduced according to the percentage of liability assigned to you. This means you could lose as little as 1% of your compensation or up to half, depending on the misconduct you were found to have contributed. With the right evidence, you can show the defendant’s claims are unfounded and liability rests solely with them. The following explains where evidence is likely to come from to help prove your case:
Evidence Gathered During the Investigation
Much of the evidence will be gathered during the case investigation. This includes going to the accident scene to take photos of the street layout, traffic lights, and stop signs so that you can readily recall the details. Jerry will also look at nearby businesses and homes to determine if a surveillance camera possibly captured the crash. If you took pictures of the scene and your damaged motorcycle, they can be used as evidence. Helmet cam recordings can also be immensely helpful if they are available.
Another important aspect of the investigation is determining if witnesses saw the accident and how to reach them. If eyewitnesses spoke to the police, their contact information should be included in the report. If you had the opportunity to speak to witnesses yourself, we can arrange for them to provide testimony to support your claim.
The investigation also includes gathering evidence of your damages, like medical records and work records of lost wages. Estimates for repair or replacement costs for your bike will also be collected. Without this evidence, you have no way to substantiate the costs you are seeking to recover.
Evidence Gathered During Litigation
After your lawsuit is filed, certain legal rules regarding the “discovery” of evidence allow our attorney to demand evidence from the defendant. Perhaps the other driver also took pictures after the accident or has dashcam footage of your accident. The defendant’s attorneys must turn that over during litigation or face sanctions from the court.
You also have a right to have the defendant answer questions in writing via “interrogatories,” which can be used against them under questioning during “depositions” and the trial if their answers do not match. If the defendant essentially admits to the negligent conduct asserted, your chances of settling before a trial will be higher.
Call Jerry, our Millville, NJ Motorcycle Accident Lawyer, for Help Today
For a free case review, call motorcycle accident lawyer Jerry Friedman at 1-800-529-4464.
