The Law Offices of Greg Prosmushkin, P.C., are here to assist if you’ve been injured due to someone else’s negligence. Our New Jersey motorcycle accident lawyers can help you navigate this difficult time. They will help the motorcycle accident victims pursue compensation for both economic and non-economic damages. They will help to gather evidence and build a strong case on your behalf. Contact us today at (609) 656-0909 for a consultation.
Motorcycle crashes can be devastating. They can cause severe injuries that can have a significant impact on your life. You may be unable to work, go to school, or take care of your family. You may have mounting medical bills and be facing a long road to recovery. You may be feeling overwhelmed and not sure where to turn.
How Can a New Jersey Motorcycle Accident Attorney Help You?
The consequence of tragic motorcycle accidents is usually severe injuries and associated intricate legal issues. Here’s how a lawyer can assist you:
- Legal Counsel: They will help you understand your options and the legal entitlements available after the accident.
- Accident Investigation: Documents such as police reports, medical records, and video footage help a lawyer make a strong argument in court.
- Negotiate the Insurance Settlement: Your lawyer will engage in bargaining with the insurance companies to ensure that an amount sufficient to cover your injury claim is reached.
- Seek Other Damages: Your lawyer can seek economic and non-economic damages, as well as punitive damages to recover medical costs, issues of work and time lost, pain and suffering, etc.
- Legal Assistance: When required, your lawyer will represent you in court and ensure that your argument is presented accurately, constructively, and comprehensively.
- Ongoing Care: In addition, your lawyer can help you with ongoing care by referring you to other medical professionals or offering available financial support.
What To Do After a Motorcycle Accident in New Jersey?
If you’re involved in a motorcycle accident in New Jersey, taking the right steps is crucial for your safety and to protect your legal rights. Here’s what you should do:
- Ensure Safety First: Move to a safe location if possible and check yourself and others for injuries. Call 911 for immediate medical assistance if necessary.
- Call the Police: Report the accident to the police, even if it seems minor. A police report is essential for documenting the incident and is often used in legal claims.
- Seek Medical Attention: Even if your injuries seem minor, visit a doctor to assess your condition. Some injuries, like internal damage, may not be immediately visible.
- Gather Evidence: If you’re able, collect crucial evidence at the scene. Take photos of the accident, your injuries, the motorcycle, and any other vehicles involved. Get contact information from witnesses and the other party.
- Exchange Information: Collect the names, insurance details, and license numbers of the other driver(s) involved in the accident.
- Notify Your Insurance Company: Inform your insurance provider about the accident as soon as possible, but be cautious about giving recorded statements without consulting a lawyer.
- Consult a lawyer: Contact an experienced New Jersey motorcycle accident attorney to help you navigate the legal process and ensure you receive fair compensation for your injuries and damages.
By following these steps, you’ll protect your health and your rights while laying the groundwork for a potential personal injury claim.
Common Causes of Motorcycle Crashes
Most road accidents are caused by human error. Drivers may get injured if they are unaware of the common causes of motorcycle collisions. Therefore, it is vital to know about the causes of accidents to prevent them.
- Distracted Driving: One of the fundamental causes of car accidents is distracted driving. When a driver is texting or talking on the phone, reading, grooming, or eating while driving, they are unable to focus on driving. It leads to car accidents when drivers are unable to concentrate on what’s ahead.
- Drunk Driving: On average, drunk driving may cause severe injuries and deaths. However, if drivers follow traffic laws that prevent drunk driving, the number of accidents may be reduced.
- Speeding: Speeding accidents occur when someone drives above the posted speed limit. Speed limits are set so you have enough time to stop for a red light or when a kid runs into the road by mistake. Drivers must always follow speed limits to avoid motorcycle accidents caused by speeding.
- Running Red Lights and Stop Signs: More than 50% of accidents occur at intersections, and the fundamental cause is often running a red light or a stop sign. You must wait for the lights to avoid the risk of killing or injuring yourself or others.
- Reckless Driving: When a driver switches lanes too quickly, it may endanger others or their property and cause severe accidents. Some other characteristics of reckless driving are failing to abide by the cautionary measures.
- Road Rash: Road rash is an abrasion that is caused when a victim’s skin comes in contact with the pavement. Abrasions may occur when a victim’s skin rubs against something. A friction burn may also happen in motorcycle crashes when the victim’s skin rubs with the pavement.
Common Injuries from Motorcycle Crashes
Some of the most common injuries from motorcycle crashes are as follows:
- Head injuries can range from mild concussions to more severe traumatic brain injuries. To avoid such injuries, motorcyclists must wear helmets for safety and abide by helmet laws.
- Spinal cord injuries: Motorcycle accidents may cause spinal cord injuries, which may further lead to paralysis. Riders must abide by the traffic laws to prevent such severe accidents.
- Broken bones: Motorcyclists may experience broken bones or fractures in arms, wrists, and legs when they face accidents.
- Amputations: In severe motorcycle crashes, riders can also experience amputations, which may prevent them from earning wages and cause financial burdens.
Injuries from motorcycle crashes can have a significant impact on your life. They can be very serious and life-altering. You may be unable to work anymore or take care of your family. In certain instances, you may require long-term or even lifelong care. The costs of medical treatment and rehabilitation can be very high.
You may also lose wages if you are unable to work. A New Jersey Personal Injury Attorney can help you pursue the compensation you need to cover these costs.
Compensation For Motorcycle Accidents
You may file a motorcycle-accident claim if you were injured in a crash that was caused by another driver’s negligence. If the other driver was at fault, you may be able to recover damages for your injuries. This can include economic damages and non-economic damages.
Economic Damages:
Among the common personal injuries that are sustained in motorcycle accidents is the financial cost, which is described as “economic damages.” These cover:
- Medical Expenses: These include ambulance, hospital, doctor, therapy, and follow-up medical costs.Loss of income: Loss of wages during the period that you are recovering, as well as future earnings that may be affected by the injuries.
- Vehicle Damage Expenses: Expenditures incurred for the repair of your motorcycle or car and other personal comprehensive coverage.
Non-Economic Damages
The non-monetary aspects of motorbike accidents can count to adverse consequences as well, referred to as “non-economic damages.” These include:
- Pain and Emotional Grief: This includes the physical suffering and psychological distress you have gone through.
- Loss of Consortium: Spouses may recover from the loss of love and services of their partner.
- Loss of Enjoyment of Life: This includes loss of enjoyment of hobbies or activities previously done.
Punitive Damages:
In extreme cases where there is a reckless disregard for the safety and well-being of others and harm is done, the courts may order punitive damages. These damages are more of a punishment to the offender than compensation for the victim. Not every state allows for punitive damages, so it is important to check with a motorcycle accident lawyer in New Jersey who is well-versed in NJ laws.
When to File a Wrongful Death Lawsuit After a Motorcycle Accident
If one of your family members suffered a deadly motorcycle crash, suing for wrongful death may be available to you. These kinds of lawsuits and claims are usually made by close relations, including the spouse, children, and parents of the deceased loved one.
A wrongful-death lawsuit grants you the opportunity to get compensated for;
- Funeral and burial expenses
- Income and other losses or benefits
- Lack of attention and company
- Mental distress and anguish
To file a wrongful death claim in New Jersey, you will need to establish that the motorcycle accident leading to the death was the result of someone’s negligence. Evidence to support this may include police reports, witness statements, or specialists. This claim forces the liable party to take the blame, and at the same time, the money could be used to relieve the family during a tough period.
Statute of Limitations to File an Injury Claim in New Jersey
The statute of limitations for filing a personal-injury claim in New Jersey is typically two years from the date of the incident. You may be unable to file your claim if you do not submit it within two years. Wrongful-death claims have a different statute of limitations. In New Jersey, the statute of limitations for wrongful-death claims is typically two years from the date of death.
It is important to act quickly after a motorcycle accident. Many deadlines must be met in order to file a claim. If you wait too long, you may lose your chance to recover damages.
Motorcycle Laws & Regulations in New Jersey
You should be familiar with New Jersey’s motorcycle laws and rules to prevent motorcycle accidents.
- A license is required: New Jersey residents need to possess a motorcycle license to drive a motorcycle.
- Need to wear Helmets: Helmets are mandatory by law in New Jersey for all motorcycle passengers and riders.
- Need to have insurance: According to New Jersey law, motorcyclists must have a minimum amount of insurance to register a bike.
- Mandatory eye protection: Motorcyclists must wear goggles or a face shield in order to protect their eyes. In addition, your bike must have a windscreen that must be approved according to the law.
- Passengers must have a seat. There are no age or height restrictions. They must wear a helmet for their protection and must have a seat.
- Restrictions on handlebar height: The handlebar grip must rest below shoulder level when seated.
- Use of headlight during the day: According to New Jersey laws, motorcycle headlights must remain on while a rider is operating the bike. It is okay to modulate the headlights.
- Lane splitting is illegal: In New Jersey, motorcyclists may not share a lane with other vehicles. However, you should never ride between two lanes of traffic, known as lane splitting. This is dangerous. You should also never ride your motorcycle on the sidewalk.
You should also obey the speed limit and never drive while under the influence of drugs or alcohol. These are all major contributing factors to motorcycle accidents.
How Much Does A Jersey City Motorcycle Accident Lawyer Cost?
Some lawyers may even charge on a flat-fee or hourly basis. You must always ask a lawyer about the fee structure before hiring them.
Can I Sue the City if Poor Road Conditions Cause My Motorcycle Accident?
It may be possible to seek compensation from a New Jersey city or a government agency if they were negligent in maintaining the road. You may file a motorcycle accident claim against them for the damages and injuries after the crash.
However, filing an injury lawsuit against the government agency is completely different due to strict guidelines and procedures.
What if I Was Partially at Fault for My Motorcycle Crash?
If you were partially at fault in a motorcycle crash, you may file a lawsuit against the other party. New Jersey follows the comparative negligence rule, which means you may file a claim when you have 50% or less blame for the crash.
The total compensation could be reduced by the percentage of the fault. Handling comparative negligence cases may be challenging. Therefore, you may organize a free consultation with a lawyer who knows all your legal options.
Contact our New Jersey motorcycle accident lawyers
Our experienced attorneys at the law office of Greg Prosmushkin have represented many clients who have been injured in motorcycle accidents. We understand the devastation these accidents can cause, and we will help you pursue compensation.
We offer a free initial consultation to all potential clients. Call us now at (609) 656-0909 to discuss your case with our personal injury law firm. We will review your case and explain your legal options.