Motorcycles are much smaller than cars and trucks, and motorcyclists do not have the same level of protection as other drivers. As a result, motorcyclists frequently suffer from devastating injuries after an accident. If you or a loved one has been injured in a motorcycle accident, you need an experienced lawyer to help you through this challenging time.
If you are looking for a dedicated Princeton Motorcycle Accident Lawyer, look no further than the attorneys at the Law Offices of Greg Prosmushkin, P.C. Our legal team will use their vast knowledge and experience to get you the compensation you deserve.
What Our Princeton Motorcycle Accident Attorneys Can Do for You?
Your number one priority after a motorcycle accident should be your health and safety. Once you have been seen by medical professionals, you should contact an experienced Princeton personal injury attorney at Law Offices of Greg Prosmushkin, P.C. Below are just a few areas where our attorneys can assist you:
- First Conversation: During your initial consultation, one of our talented attorneys will analyze the circumstances surrounding your motorcycle accident. Then, the lawyer will walk you through your options moving forward.
- Gathering Evidence: After trying countless cases, our lawyers know what you need to be successful in court. Our legal team will collect all relevant evidence, including medical records and witness statements.
- Dealing with Insurance Companies: Insurance companies are for-profit businesses that aim to pay you the least amount of money possible. We are used to negotiating with insurance companies and will ensure your interests are protected.
- Legal Representation: Sometimes, insurance companies will not agree to a fair settlement. When this happens, we will file a lawsuit on your behalf. During a lawsuit, we will fight to get you the highest verdict possible.
What to Do After a Motorcycle Accident in Princeton
A motorcycle accident is a traumatic experience, and it is natural to be unsure about what to do next. However, the steps you take immediately after an accident can have a monumental impact on your personal injury case. Here are some steps to take after an accident to ensure you have the strongest case possible.
- Seek Safety: After an accident, leave your motorcycle where it is and get to safety on the side of the road, away from any traffic.
- Get Medical Attention: Your health should be your top concern. Even if you do not feel injured, you should still seek medical attention, as some injuries are not immediately apparent. Medical reports can also serve as documentation of your accident and injuries.
- Report the Accident: After an accident, you should contact the police. Not only is it legally required, but the police will document the incident. Police reports can later be used in your court case.
- Document the Scene: If you can, you should photograph the accident scene, your injuries, and any property damage. You should also get the contact information of the other drivers and any witnesses.
- Speak to an Attorney: After an accident, you should contact an experienced Princeton motorcycle accident attorney. A lawyer will protect your interests and fight for you to receive compensation for your injuries.
Common Causes of Motorcycle Accident Injuries in Princeton
Motorcycle riding is more dangerous than driving a car or truck. The lack of protection surrounding a motorcyclist means they are likely to suffer serious, life-changing injuries after an accident. Some of the most common causes of motorcycle accidents are listed below:
- Lack of Training: A motorcycle requires a lot of technical skill to operate. When a motorcyclist is not adequately trained, the results can be incredibly tragic.
- Speeding: Speeding is a common cause of road accidents, including motorcycle accidents. Speed makes cars and motorcycles more difficult to control, leading to accidents. Additionally, the faster the vehicles travel, the more devasting accidents occur.
- Driving Under the Influence: Alcohol and drugs lower a driver’s reaction time and decrease their coordination. When a driver is less coordinated and less reactive, the chances of getting into an accident dramatically increase.
- Distracted Driving: Whether looking at their phone or fiddling with their GPS, drivers are frequently distracted. When drivers are focused on things other than the road, accidents are more likely to occur.
- Unsafe Lane Changes: Drivers often forget to check their blind spots and do not use their turn signals when changing lanes. Motorcycles can easily be caught in blind spots and be seriously injured by cars changing lanes.
- Road Hazards: Road debris, potholes, and uneven pavement can cause motorcyclists to lose control and crash. Since motorcycles are small and unstable, they are more affected by these road hazards than cars and trucks.
- Weather: Snow, rain, and fog are common hazards that motorcyclists face. These hazards make the roads slippery and decrease visibility, leading to serious accidents.
- Driving While Fatigued: Fatigue can function like alcohol by decreasing operator reaction times. These diminished reaction times lead to more accidents.
Common Motorcycle Accident Injuries in the Princeton
Unfortunately, motorcyclists can suffer many different injuries due to a crash. Some of the most common include:
- Burns: Exhaust pipes can present an unexpected hazard to motorcyclists during a crash. The exhaust pipes can seriously burn the rider. These burns are not only painful but can lead to permanent scarring.
- Whiplash: One of the most common injuries from a crash is whiplash. During a collision, the neck of the motorcyclist can be forced into a rapid back-and-forth movement, resulting in whiplash.
- Road Rash: When friction builds up between a motorcyclist’s skin and a hard surface, the motorcyclist will suffer from an injury called road rash. Road rash can range from minor scratches to deep wounds.
- Sprains: During an accident, a motorcyclist’s body can twist in a way that stretches and tears ligaments. These movement results in sprains that can take months to heal
- Broken Bones: A common motorcycle injury is a fractured foot. Additionally, the force of a crash can result in broken legs, arms, hands, and ribs.
- Internal Injuries: These injuries can occur inside a rider’s body and affect their organs, blood vessels, or tissues. Frequently, these injuries are not immediately apparent, especially to non-medical personnel. If left untreated, these injuries can be life-threatening.
- Spinal Cord Injuries: A spinal cord carries signals between the brain and body. A severe hit to the spine can damage the cord and damage the vertebrae surrounding the spinal cord. This damage can result in temporary or permanent paralysis, difficulty breathing, and even death.
- Scarring: A motorcyclist’s skin can be permanently damaged by cuts and road rash after an accident. This damage can be so severe that it permanently alters and disfigures the rider’s body.
- Head and Brain Injuries: Head injuries are extremely common after motorcycle accidents, especially when the motorcyclist is not wearing a helmet. Symptoms can include headaches, dizziness, confusion, and even loss of consciousness.
Who Is Liable for a Motorcycle Accident in the Princeton?
New Jersey is a “choice no-fault” state. This means that drivers and motorcyclists can choose between different levels of coverage. Your ability to go after the other driver is based on the type of insurance you have: full or limited tort. If you have full tort coverage, also called unlimited right to sue coverage, you can sue a negligent third party regardless of how severe the injury is. But, if you only have a limited tort policy, also called a limited right to sue policy, you can only go after a third party for non-economic damages if you have suffered a serious injury. Serious injuries include permanent scarring or disfigurement, a displaced bone fracture, the loss of a body part, permanent injury, the loss of a fetus, or death.
Regardless of the amount of coverage you have, you can only hold someone liable for an accident in New Jersey if you prove they acted negligently. You must show that the other driver behaved recklessly or carelessly and that their actions caused the accident. In other words, you must show that the responsible party did not act in the manner a reasonable person would have.
When drivers follow all the rules of the road, they most likely have not been negligent. However, if a driver breaks a rule by speeding, failing to yield, texting and driving, driving under the influence, or failing to use a turn signal, they have acted negligently.
What Types of Damages are Available to Motorcycle Accident Victims in Princeton?
After an accident, you can feel overwhelmed with mounting medical bills and property repair costs. Luckily, there are ways to receive compensation. You can pursue two types of damages: compensatory and punitive.
- Compensatory Damages: These types of damages aim to put the victim in the same position they would have been in had the accident never occurred. These damages are the most commonly awarded in motorcycle accident cases. There are two types of compensatory damages: economic and non-economic.
- Economic Damages: These damages are easily calculated because they are quantifiable losses directly linked to the accident. The losses are monetary and include lost wages, property damage, and medical bills.
- Non-Economic Damages: These damages are much harder to calculate as they involve intangible losses. They are indirect, nonfinancial costs. Non-economic damages include loss of enjoyment of life, pain and suffering, loss of consortium, and emotional distress.
- Punitive Damages: Courts rarely award punitive damages as the actions of the negligent party must be so egregious to be bordering on criminal. The negligent party must have shown a conscious disregard for the safety of others.
What is My Princeton Motorcycle Accident Case Worth?
The settlement amount of motorcycle accident cases varies widely depending on the circumstances surrounding the case. The factors affecting the value of your case include the cost of your medical treatment, the effect of your injuries on your earning capacity, and the amount of wages you lost due to the accident.
New Jersey operates under the legal doctrine of comparative negligence. This means that even if you are partially at fault for the accident, you can still recover damages if you are not more than 50% at fault. If a court finds you to be 50% or less at fault, your award will be reduced by the amount of fault assigned to you. For example, if you were awarded $100,000 but found to be 40% liable for the accident, you will only receive $60,000. If the court determines that you are more than 50% responsible for the accident, you cannot collect any compensation.
Statute Of Limitation For Princeton Motorcycle Accident
In every state, there are laws that set time limits on when you can file different types of lawsuits. In New Jersey, the statute of limitations for a personal injury lawsuit is generally two years. This means that you have two years from the date of your accident to file your personal injury petition with the court. Generally, this is a strict deadline, which means that once the deadline passed, you have forfeited your right to seek compensation.
If a government agency or employee was at fault for the accident, you must file a claim with the state government within 90 days of the crash. The claimant can only sue if the government does not settle the claim within six months. Even in these cases, the lawsuit still must be filed within two years.
Contact Our Princeton Motorcycle Accident Lawyers Today
If you are injured in a motorcycle accident in New Jersey, the last thing you need is to argue with insurance companies trying to cheat you out of your rightful compensation. An experienced attorney can protect your rights and make sure you get the compensation you deserve. At the Law Offices of Greg Prosmushkin, P.C., our Princeton motorcycle accident lawyers have dealt with a multitude of motorcycle accident cases. We will use our extensive knowledge and experience to your advantage. Contact us at (215)799-9990 for your FREE consultation TODAY!