Oakland, NJ Motorcycle Accident Lawyer
Most motorcycle riders understand that a negligent driver can hit them anytime while on the road. If you find yourself injured by such a driver, it is crucial to have an attorney specializing in these cases to help you secure the compensation you deserve.
Jerry brings years of experience to the table, assisting victims in holding negligent drivers accountable. However, accident victims typically have only two years from the date of their injury to file a lawsuit; otherwise, they may lose the right to recover damages unless a rare exception comes into play. By reaching out to Jerry right after your collision, you allow him to craft effective strategies that might not be available if you wait too long. This approach also provides ample time to gather evidence to fight claims from the defense that you are in any way responsible for causing the accident or your injuries.
To schedule a free, private case assessment, contact Paterson, NJ motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464.
When to Start a Motorcycle Accident Claim in Oakland, NJ
Motorcycle accidents often involve a level of complexity in the injuries they cause that is much greater than typical car accident claims. Because of this, it’s essential to take the time to prepare your lawsuit thoroughly. Unfortunately, under N.J.S.A. § 2A:14-2(a), victims are given a limited window of just two years for filing a claim. Claims filed after the two-year anniversary of the accident will be barred from recovering compensation as the court will dismiss it.
If you find that you need additional time to file, Jerry, our motorcycle accident attorney, can help assess whether any exceptions apply to your case. A frequent reason for needing extra time is if the defendant has left New Jersey altogether. Given Oakland’s proximity to the state line, it is quite possible that the driver might have fled to a neighboring state to dodge litigation.
According to § 2A:14-22(a), any time the defendant spends out of New Jersey will count against your filing period if you show by affidavit that you made diligent inquiry and efforts to locate the defendant but still could not effectuate service of your lawsuit. Jerry can help make these efforts to bring the defendant to justice and argue for more time if they cannot be immediately located.
Victims who are under 18 years old, as well as those who have a “mental disability,” are also allowed two years to file a claim after they reach 18 or when the disability no longer impacts their ability to exercise their legal rights, as per § 2A:14-21. A “disability” in this context typically means a condition that prevents the victim from fully understanding their legal rights at the time the incident occurred, which could be physical or intellectual. Given the specific nature of these exceptions, it is best to consult with Jerry before making any decisions about whether they apply to your situation.
How to Ride Safely and Ensure You Get the Compensation You Deserve After an Oakland, NJ Motorcycle Accident
Insurance companies and their lawyers often think they can cut costs by arguing that motorcycles are inherently dangerous. While it is true that riding a motorcycle can be riskier than driving a car, it remains a perfectly legal activity, so this fact should never be held against you. Instead, opposing counsel will focus on whether you violated any traffic laws or reasonable riding practices at the time of the accident.
As a result, motorcycle accident victims should be prepared for potential claims of comparative fault. If a defendant manages to convince a jury that the victim shares some responsibility for their injuries, the compensation awarded will be reduced. Below explains how your compensation can be lowered or lost based on the state’s modified comparative negligence rule and how to protect yourself on the road and from these arguments:
Modified Comparative Fault
New Jersey’s legal framework follows a modified comparative fault system under § 2A:15-5.1. This means that individuals who are partially responsible for their injuries can still file a lawsuit against other parties as long as their level of fault is not greater than that of the others involved. However, even if they can pursue legal action, the amount they can receive in compensation will be reduced in proportion to their own percentage of fault if found somewhat responsible for the accident or worsening their injuries.
For instance, if a jury determines that a motorcycle accident victim is 30% at fault for the incident, the defendant will only need to cover 70% of the victim’s damages. But, if your negligence is assessed at over 50%, you will recover nothing for your losses.
Comparative negligence rules often come into play for motorcycle accident victims due to common stereotypes about motorcyclists. Fortunately, strong evidence can counteract these claims and demonstrate that the defendant bears full responsibility for the victim’s damages.
Reducing Risk and Preventing Claims of Comparative Fault
New Jersey has stricter riding laws than most states, so it is important to be aware of what is required of you when riding to stay safe and limit your liability if an accident occurs. For instance, all riders in the state are required to wear a helmet while riding, according to § 39:3-76.7(a). If the defense can convincingly argue that your injuries are more severe because of a helmet’s absence, you could lose some of the compensation crucial for your recovery.
Additionally, you may be partially at fault if you were not wearing goggles, lacked a windshield, or had high-set handlebars that obstructed your view. These are violations under § 39:3-76.3 and § 39:3-76.8 and can be used against you by the defense. While one violation alone might not be enough to jeopardize your case, accumulating multiple infractions could certainly tip the scales against you and jeopardize the compensation you ultimately receive.
Call Jerry, Our Motorcycle Accident Lawyer in Oakland, NJ, Today for Help with Your Case
For a free case review with an experienced motorcycle accident lawyer, contact Jerry Friedman today at 1-800-529-4464.
