Morristown, NJ Motorcycle Accident Lawyer
Victims of motorcycle accidents often require compensatory damages for their injuries. To claim the compensation you deserve, you may have to prove a defendant’s fault in a lawsuit in Morristown.
Recovering compensatory damages for a motorcycle accident requires victims to prove four elements. First, you must prove that the defendant owed you a duty of care. Then, you must prove that the defendant breached their owed duty of care. Next, you must prove that the defendant’s breach caused your injuries. And finally, you must prove that you incurred real damages because of the defendant’s breach. To prove these elements, you must submit evidence. Useful evidence in motorcycle accident claims includes eyewitness statements, medical records, physical evidence, photographs, and victim testimony. After successfully proving the defendant’s fault for your injuries, you can recover compensation for economic and non-economic losses.
You can call 1-800-529-4464 to schedule a free and confidential case assessment with Morristown, NJ motorcycle accident lawyer Jerry Friedman today.
Common Locations of Motorcycle Accidents in Morristown, NJ
Morristown is a historical area in northern New Jersey, not too far from New York. Though it is a small town, its proximity to popular highways makes Morristown a somewhat dangerous area for motorcyclists.
One of the most common areas for motorcycle accidents is the highway. Several highways and heavily trafficked roads, like Route 202 and Interstate 287, run through Morristown, carrying residents and commuters alike. Because Morristown is a tourist destination for history enthusiasts, it might draw in those unfamiliar with the area. This increases the danger for motorcyclists, who might be more likely to be a confused driver who is lost and frustrated and fails to see a smaller vehicle on the road.
While some areas of Morristown feel like the city, others feel like the forest. This means that motorcyclists might face traffic when in town and imperfect roads when riding through or by any of the area’s many parks and trails.
Located in the heart of town, the Morristown Green is surrounded by a round-about of sorts that can be confusing to any driver, let alone those unfamiliar with the area. A historical site, the Morristown Green is an especially dangerous area for motorcyclists. Drivers speeding around the site might lose control of their vehicles and be unable to avoid striking motorcyclists, causing serious accidents.
Deadline to File Motorcycle Injury Claims in Morristown, NJ
Victims of motorcycle accidents in Morristown only have a certain timeframe during which they can bring compensation claims. Generally, this period is limited to two years.
N.J.S.A. § 2A:14-2(a) states that most motorcycle injury lawsuits must be filed within two years in New Jersey. On the off chance that your claim is against the local government in Morristown, you will have 90 days to file a notice of a claim. Motorcyclists might be able to sue the local government if they were hurt because of an unfilled pothole, broken streetlight, or a government employee driving a government vehicle. After you file your notice of a claim, you will have to wait an additional six months before you can file the lawsuit against the government employee or entity for negligence.
If you were hurt because of another driver on the road, you would follow the normal three-year statute of limitations for injury cases. When victims are seriously injured, their focus might understandably be on recovering from their physical injuries. While your health is paramount, being proactive with your case is also important. If you miss the filing deadline, even by a few weeks, your case will likely be thrown out in Morristown. Our attorneys can prepare your case so that you can bring it well within the allotted window for filing.
Required Elements of a Morristown, NJ Motorcycle Accident Claim
Four elements must be proven in order for victims of motorcycle accidents to recover compensatory damages in Morristown. Those elements are duty of care, breach of duty of care, causation, and real damages.
Duty of Care
If you wish to recover compensation following your motorcycle accident in Morristown, you must establish that a negligent party owed you a duty of care. Duties of care vary, depending on the relationships between victims and negligent parties. In terms of motorcycle accidents and other motor vehicle crashes, all people operating vehicles on the road owe a duty of care to one another. This duty includes adhering to traffic laws and not acting in a negligent fashion that could harm another party. If you were injured because of a driver, the fact that they were driving a vehicle at the time of the accident may be enough to establish that they owed you a duty of care. Motorcycle accident lawyer Jerry Friedman will use evidence, such as surveillance footage and eyewitness statements, to place the defendant at the scene of your incident in Morristown and establish a duty of care.
Breach of Duty of Care
The second crucial element in your motorcycle injury case will be the defendant’s breach of the duty of care. In short, this is the negligent act that caused your injuries. Again, breaches in duties of care can vary, depending on the case. For example, if a driver was speeding at the time of the accident, that can be considered a breach of their owed duty of care. Other common examples of negligence that can lead to motorcycle accidents in Morristown include driving under the influence of drugs or alcohol, reckless merging, running stoplights, driving without headlights at night, driving while fatigued, and making illegal turns. Evidence is required to establish that a breach of a defendant’s duty of care occurred. Evidence that can achieve this may include eyewitness statements, security camera footage, and photographs.
Causation
The third essential element that must be proven in order for a victim to recover damages is causation. This is often the most challenging element to prove in any motorcycle accident claim. Causation requires victims to show that the breach of a defendant’s duty of care caused their injuries. This is the link between a negligent party’s actions and your damages. Without this link, there is no way to hold a defendant financially accountable for their negligence. To prove causation, we will submit your medical records as evidence. This can establish that you were injured at the time your motorcycle accident occurred in Morristown. Eyewitness statements, as well as statements from law enforcement officials, can also help prove causation.
Real Damages
Finally, you must prove that you suffered real damages as a result of a defendant’s negligence in Morristown. You can do this by providing proof of your damages, such as medical bills, records of lost wages, and proof of other out-of-pocket expenses. If you wish to recover non-economic damages in your motorcycle accident claim, you might have to provide a personal statement explaining the pain and suffering you have experienced because of your injuries. Statements from mental health professionals, family, and friends can also aid in the recovery of non-financial damages for victims.
How to Gather Evidence Following a Motorcycle Accident in Morristown, NJ
Without evidence, you will be unable to prove the four essential elements of your motorcycle accident lawsuit and will be unable to recover the compensatory damages you deserve from a negligent driver. The process of gathering evidence begins immediately after a motorcycle crash occurs in Morristown.
Call 911
Victims can start by calling the police. Crash reports are not admissible evidence in civil lawsuits in New Jersey, but they can be helpful when building a case. We can learn of eyewitnesses’ names and contact information from these police reports. We can also learn of possible contributing factors to your collision. Furthermore, police officers can preserve or photograph and physical evidence at the scene that might be cleared away in the hours that follow.
Go to the Emergency Room
Then, go to the hospital. Getting immediate medical attention is of the utmost importance following any motorcycle accident. Doing this can allow you to start building medical evidence of your injuries, which will be important in proving that a defendant’s actions led to your injuries and other damages. There are a few hospitals and medical facilities in the Morristown area capable of treating victims with serious motorcycle accident injuries.
Perform an Investigation
After you take these steps, motorcycle accident lawyer Jerry Friedman look for additional evidence of fault by launching an investigation into the accident. For example, we can contact local homeowners or business owners with security cameras near your accident site to request surveillance footage. We can also speak with eyewitnesses to see if they can provide testimony that may be useful to your case.
Get Continuous Medical Care
During the course of your lawsuit, continue to get the necessary medical treatment for your injuries. Missing appointments might negatively impact the success of your claim. Keep all records of medical bills and invoices you receive. Victims should also keep track of any other financial damages they incur from a motorcycle crash in Morristown.
Recoverable Damages for Motorcycle Accident Victims in Morristown, NJ
Since New Jersey’s no-fault auto accident system notably excludes motorcycle accidents, victims of such crashes can sue for compensation without having to meet a serious injury threshold. This makes recovery of certain damages somewhat easier for motorcycle accident victims in Morristown.
Financial Damages
Any motorcycle accident in Morristown, whether it takes place on a highway or residential street, could result in severe injuries. Common motorcycle accident injuries, like traumatic brain injuries (TBIs), fractures, lacerations, and spinal cord injuries, require costly medical care. Victims might need to get emergency surgeries, take prescription medications, or engage in physical therapy. Such costs are compensable in a lawsuit, provided we can submit proof that you have incurred them. Other losses, such as lost income, can also be recovered when victims file motorcycle accident lawsuits in Morristown. New Jersey does not limit how much victims can recover in economic damages.
Emotional Damages
With serious injuries comes the likelihood of emotional and mental difficulties. For example, motorcycle accident victims who sustain TBIs might experience a reduced quality of life. They might not be able to engage in activities they once enjoyed, and their injuries might be permanent. Emotional damages are typically only recoverable in lawsuits, and defendants are often unwilling to provide them in settlements. To prove that you have incurred emotional damages due to a motorcycle accident, we might request that you seek guidance from a mental health professional who can testify to your pain and suffering. By being able to review such evidence, the jury may more readily award you non-economic damages at trial.
Punitive Damages
Though somewhat rare, punitive damages are recoverable in cases involving gross negligence or recklessness. For example, suppose you were struck by a drunk driver while riding your motorcycle in Morristown. By operating their vehicle under the influence of alcohol, the negligent driver acted without any regard to their legal duty of care, opening up the door to punitive damages. Punitive damages are only awarded by juries and are not recoverable in motorcycle accident settlements. In New Jersey, the cap on punitive damages is either five times the amount of compensatory damages or $350,000, whichever amount is greater, according to N.J.S.A. § 2A:15-5.14.
Call Jerry About Your Motorcycle Accident in Morristown, NJ
To get help with your case from motorcycle accident lawyer Jerry Friedman, call 1-800-529-4464 today.
