Neptune Township, NJ Motorcycle Accident Lawyer
Motorcycle riders are very susceptible to injuries if they are involved in accidents. Riders are often thrown from their bikes and severely injured, while drivers in cars are often unharmed.
Motorcycle accidents have various causes, many of which stem from inattentive or distracted drivers. Motorcycles are smaller than standard vehicles, and drivers often overlook them on the road. New Jersey is a no-fault state regarding insurance claims for auto accidents. However, motorcycle riders are not included in the no-fault system and must file third-party insurance claims, lawsuits, or both. An attorney can help you assess the damages recoverable in your case, including economic and non-economic losses. You should also be mindful of how motorcycle safety laws play into your case. Violations of helmet requirements or other safety protocols could jeopardize your case.
You need to call for help immediately after a motorcycle accident. Once you have been treated, you should contact our Neptune Township, NJ motorcycle accident lawyer about the possibility of a lawsuit. Call Jerry Friedman at 1-800-529-4464 for a free case evaluation.
Typical Causes of Motorcycle Accidents in Neptune Township, NJ
Motorcycle accidents have numerous causes, although some are more common than others. Motorcycle riders can be as careful as possible, but the negligence of other drivers might still cause a serious collision. Talk to our Neptune Township, NJ motorcycle accident attorney about how your accident happened to determine the best way to approach your case.
Sideswiping is when a vehicle brushes up alongside another vehicle, often at a high rate of speed. While this kind of accident does not sound very serious, it can be disastrous. When cars or trucks sideswipe motorcycle riders, the riders might be thrown from the bike, while the driver in the car experiences only minor to moderate vehicle damage.
Motorcycles are smaller than standard vehicles and are sometimes easy to miss on the road. As such, it is crucial that other drivers check for motorcycles when making turns or changing lanes. If a driver in a car changes lanes or turns without signaling or checking for motorcycles, a motorcycle rider might be severely injured.
Inattentive driving is a significant cause of collisions on the road. Motorcycle riders might pay the price when drivers in cars are not paying attention or are distracted by something in their vehicle. In fact, an overall failure to detect motorcycles on the road is a predominant cause of motorcycle crashes. Accidents are frequently caused by other drivers rather than motorcycle riders, and those drivers can be held liable for their actions in lawsuits.
Suing After a Motorcycle Accident in Neptune Township, NJ
There are several ways in which an injured motorcycle rider can get financial compensation after an accident. For most riders, the first option they consider is an insurance claim. New Jersey is a no-fault insurance state, meaning drivers are protected by their own Personal Injury Protection (PIP) insurance and do not need to prove fault to get coverage. However, the no-fault system does not cover motorcycle riders. Riders must instead file third-party claims against the other driver’s insurance and prove fault.
Insurance can be difficult to deal with, and insurance companies are more likely to look out for their bottom line than injured riders. As such, many injured motorcycle riders choose to file personal injury lawsuits. A lawsuit also requires we prove the other driver is responsible for the accident, and their insurance will likely cover them if we win.
Personal injury lawsuits are often preferred because riders can sometimes claim more damages than they would in an insurance claim. Insurance companies sometimes refuse to cover non-economic damages, but non-economic damages and many others are on the table in a lawsuit.
Damages Available in Motorcycle Accident Lawsuits in Neptune Township, NJ
As discussed above, various damages may be available in a personal injury lawsuit for a motorcycle accident. Economic damages are those connected to a real price or monetary amount. Non-economic damages often do not cost plaintiffs any money but may still be financially compensated. Our Neptune Township, NJ motorcycle accident lawyer can help you calculate your damages and hopefully maximize your compensation.
Economic damages recoverable in motorcycle accidents should always include medical bills. Riders often experience severe physical injuries and need costly medical treatment. Many riders suffer long-term or even permanent injuries and can expect to be paying for medical treatment indefinitely. All medical bills you have already incurred and those you can reasonably expect in the future should be added to your economic damages. In addition, you can claim the value of your damaged or destroyed motorcycle and any income you lost because you were too injured to return to work.
Non-economic damages are a bit harder to estimate because they do not relate to actual sums of money. Common examples of non-economic damages are emotional and physical pain and suffering. These experiences usually do not cost the plaintiff money, but the plaintiff should still be monetarily compensated. Other non-economic damages might include any damage to your reputation or humiliation related to the accident.
The Importance of Motorcycle Safety Laws in Accident Cases in Neptune Township, NJ
Motorcycle riders must adhere to unique safety laws that do not necessarily apply to other drivers on the road. Motorcycles can be very dangerous, especially because riders are not enclosed within a vehicle and are more susceptible to injuries. As such, motorcycle riders must always wear a helmet under N.J.S.A. § 39-3-76.7(a).
Violations of the helmet rule or similar motorcycle safety laws are relatively minor. In most cases, violators are cited and have to pay a fine. However, if a rider was not wearing their helmet when another driver caused an accident, the helmet violation might cost the rider precious compensation they need to fund their recovery.
Under N.J.S.A. § § 2A:15-5.3(3)(a)-(c), an injured rider can recover the full amount of their damages from the defendant if the defendant is at least 60% responsible for the accident. If you do not wear a helmet, you might be considered partially responsible for some of your injuries, and the defendant might not be at least 60% responsible for the overall accident. In that case, you can only recover the percentage of your damage directly attributable to the defendant. To sum it up, failing to wear a helmet might shift some of the blame to you, and you might not be able to get as much financial compensation.
Call Our Neptune Township, NJ Motorcycle Accident Attorney for Help
Motorcycle accidents often leave riders with catastrophic injuries, and riders are not always prepared to shoulder the financial burden. Our Neptune Township, NJ motorcycle accident lawyer can help you get the compensation you need and deserve. For a free case evaluation, call Jerry Friedman at 1-800-529-4464.
