North Brunswick, NJ Motorcycle Accident Attorney
Motorcycle riders are at a unique disadvantage on the roads and highways of New Jersey. While drivers inside cars or trucks are protected because their vehicles are enclosed, motorcycle riders are completely exposed. What might be a minor accident for the driver of a car could be an absolute disaster for the motorcycle rider. Frequently, motorcycle riders are left with extremely severe injures after an accident while the driver of the car suffers only minor damage. The driver responsible for your accident should not be free from consequences after causing your accident.
After an accident, motorcycle riders can file personal injury lawsuits to claim damages and compensation from the responsible driver. For many riders, these damages will cover the costs of the medical treatments they need to recover. However, the process is complicated, and proving fault in your accident will be challenging. Motorcycle riders must also consider whether they are partly responsible for their own injuries while navigating the complex insurance system.
After being injured in a motorcycle collision, you should not need to worry about how you will pay for your treatments or replace your bike. Our North Brunswick, NJ motorcycle collision lawyer will help you through the complicated legal procedures of your case. Set up a free legal consultation with Jerry Friedman by calling 1-800-529-4464.
How to Prove Fault in a North Brunswick, NJ Motorcycle Accident Case
To be successful in your personal injury lawsuit, you must prove that the defendant was at fault. To prove fault means to prove that the other driver’s actions were the cause of the accident. This sounds fairly simple on paper. However, the reality is that evidence demonstrating fault can be hard to find. Many cases fail because plaintiffs cannot gather enough evidence proving the defendant was at fault.
Evidence of the defendant’s fault can sometimes be scarce. It is very common for people involved in accidents to remember very little about what happened. Motorcycle accidents tend to happen very quickly, with many riders claiming they never even saw the other vehicle coming. When a plaintiff cannot even recall the details of their accident, it becomes necessary to find witnesses or other evidence of the accident.
Sometimes, other people who saw the accident will come forward and agree to provide information and testimony about what they saw. There could be surveillance footage of the accident in an ideal situation, especially if the accident happened in front of a retail store where security cameras are common.
Fault becomes especially difficult to prove when defendants are uncooperative in investigations. In some cases, the defendant fled the scene. When defendants do this, they take important evidence, like the damage on their own vehicles, with them.
Proving fault is difficult but not impossible. A skilled and experienced attorney can help put you in the best position to show the defendant is at fault. Our North Brunswick, NJ motorcycle accident attorney has the experience and knowledge to help you.
What If You Are Partly to Blame for Your Motorcycle Accident in North Brunswick NJ
New Jersey follows a rule of contributory negligence. According to N.J.S.A. § 15-5.1, a plaintiff may still recover damages as long as their percentage of fault is less than the defendant’s percentage of fault. However, their recovery will be reduced in proportion to their own percentage of fault. If the plaintiff’s fault exceeds that of the defendant, the plaintiff is barred from recovering any damages. Basically, this means you must be less than 51% responsible for your own injuries.
Identifying your own fault can be uncomfortable. However, the defendant will likely argue that you are the one who really caused the accident. In some cases, defendants will counter-sue the plaintiff and try to make them pay for their damages. We must be prepared for this by examining any and all possible ways you might share responsibility for the accident.
Motorcycle riders who were not wearing helmets when their accidents occurred will be severely disadvantaged. Neglecting to wear a helmet would likely make your injuries far worse than if you had worn a helmet. Because the decision not to wear a helmet is totally within your control, the defendant could argue that you are responsible for most of your injuries.
Our North Brunswick, NJ motorcycle accident lawyer can help you argue your case while defending you against any accusation of contributory negligence.
How the No-Fault Insurance System May Affect Your North Brunswick, NJ Motorcycle Accident Case
New Jersey is a no-fault state when it comes to insurance for auto and motorcycle accidents. This rule means that after an accident, drivers must turn to their own insurance providers and seek coverage for damages. Insurance providers must cover damages up to a certain amount. If a driver’s damages exceed this amount, they may sue the other driver for the remaining damages.
This rule is not present in all states. In New Jersey, the rule is flexible, and drivers can choose to opt in or out of such insurance plans. It is crucial to discuss your insurance coverage with an attorney who has experience dealing with motorcycle accidents to determine if you can file a lawsuit. Our North Brunswick, NJ motorcycle crash attorney can help you.
The point of the no-fault rule is to resolve accidents with more minor damages outside of court. Any accidents that can be fully covered by insurance do not make it to a courtroom, relieving some pressure on our legal system and providing drivers with a faster alternative route to getting compensation.
However, insurance does not always compensate you for all the damages you might be entitled to. In many cases, insurance covers your basic needs, like medical bills, but does not cover pain and suffering or lost wages from work. While the no-fault rule can be helpful when damages are minor, it can be very limiting when damages are severe.
Reach Out to Our North Brunswick, NJ Motorcycle Accident Attorney
The injuries you suffer in a motorcycle accident can be excruciating and long-lasting. Many riders suffer lifelong disabilities after serious accidents. Our North Brunswick, NJ motorcycle accident lawyer will help you get compensation to cover your losses and expenses. Call Jerry Friedman at 1-800-529-4464 today to set up your free legal consultation.
