Motorcycle Accidents

New Jersey Motorcycle Accident Injury Attorney

Beyond being terrifying, motorcycle accidents can lead to severe injuries or death. For motorcyclists, protection against accidents is the clothes worn and the rider’s helmet. There isn’t a steel cage around the driver to help keep them safe. When a motorcycle accident does happen, obtaining compensation isn’t as easy as it might seem. Instead, riders will want to speak with a lawyer about what compensation they could receive and how much their case is worth. Read the information below to learn more about what to expect after a motorcycle accident, then contact our law firm to schedule your consultation.

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What to Do After a Motorcycle Accident

Immediately after a motorcycle accident, riders should receive prompt medical attention. If the accident was minor, the rider might not have to go to the emergency room immediately for care, but they should still see a doctor within the next few days. For those with severe injuries, immediate care is required to start healing and prevent the potential for more severe injuries or infections from developing.

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After seeking medical attention, the accident should be reported. Once this has happened, the motorcyclist can move the motorcycle to a repair shop of their choice. Then, the rider can schedule a consultation with a lawyer to learn more about their case. It can be difficult to obtain compensation, especially if there are any questions about who caused the accident, so working with a lawyer gives the rider a better chance of receiving the compensation they need to recover financially from the accident.

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Potential for Severe Injuries and Damages

Since motorcyclists do not have the same protection as someone in a car or truck, the potential for severe injuries is much higher. Common injuries resulting from motorcycle accidents include fractured bones, dental injuries, concussions, neck, and spinal injuries, or a traumatic brain injury. It’s also possible for the rider to become paralyzed or require amputations. They may suffer from internal bleeding or organ damage, as well as road rash or burns. In the most severe accidents, the motorcyclist may not survive their injuries.

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With the potential for severe injuries, it’s not uncommon for motorcycle accidents to lead to a lengthy hospital stay and months or years of recovery. All of this means time off work, so no money coming in, as well as bills piling up because they aren’t being paid. This could have a devastating impact on the motorcyclist and their family, which is why they’re able to receive compensation if another driver caused the accident.

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Compensation May Be Available

After an accident, motorcyclists may be able to obtain different types of compensation and request a settlement from the at-fault driver or their insurance company. Compensation can include some of the following, depending on the specifics of the accident and the rider’s injuries.

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• Medical Expenses – High medical expenses are often a result of motorcycle accidents. On top of the emergency medical care needed after the accident, the injured person may require future medical care to continue with their recovery. Compensation should include the immediate medical expenses as well as potential future ones.

• Motorcycle Repair or Replacement – After an accident, it’s possible the motorcycle is no longer able to be used. Compensation should cover the costs to repair the motorcycle to the pre-accident condition or to replace the motorcycle if it cannot be repaired.

• Lost Wages – Immediately after the accident, the motorcyclist will not be able to work while they recover from injuries. Depending on the severity of the injuries, they may be out of work for a significant period if they are able to go back in the future. Compensation should cover the lost wages.

• Lost Earning Capacity – If the motorcyclist cannot work in the same capacity anymore due to permanent injuries sustained in the accident, they may be owed compensation for the lost earning capacity. This should be covered in the compensation if the motorcyclist cannot work in the future.

• Pain and Suffering – The amount of pain and suffering is difficult to put a number on, but in severe accidents, the motorcyclist may be able to receive additional compensation to cover the pain and suffering they went through because of the accident and their recovery.

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Understanding Liability and Compensation

After an accident, the liable party is responsible for compensating the victim of the accident. This is based on who caused the accident and how it happened. Drivers who hit a motorcyclist because they weren’t paying attention or didn’t see them are likely to be found at fault. Their insurance company will then be responsible for handling the compensation. If the motorcyclist was at fault, the other driver might not have to pay any compensation, as the money needed to cover medical costs and other expenses will come from the motorcyclist’s own insurance policy. In some cases, it can be difficult to determine fault for an accident, and both parties may share liability. A lawyer can help the motorcyclist determine liability for their case as well as who is responsible for compensation after the accident.

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Collecting Evidence for the Accident

Often, evidence is needed to help show how the accident occurred. This can be used to prove fault if it’s not already clear. Motorcyclists who are not severely injured will want to start by taking photos of the accident scene. Take as many photos as possible of all vehicles involved, the area where the accident occurred, and any damage from the accident. It’s also a good idea to take photos of injuries immediately following the accident.

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Do not destroy the bike immediately after the accident, even if it’s no longer ridable. Instead, preserve it as it can be required for evidence to determine how the accident happened. Wait until the case is over and compensation is obtained before getting rid of the bike. Gather any witness information or other details at the scene that can be used if the case goes to court.

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Filing an Accident Claim for Compensation

Motorcyclists may not be covered under personal injury protection (PIP) insurance in New Jersey, so they will need to file a claim with the liable party’s insurance. This should be done by a lawyer to make sure everything is done correctly and prevent any potential issues. A lawyer will send a letter to the insurance company outlining injuries and damages, then requesting compensation on behalf of the motorcyclist. This should cover all accident-related expenses.

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If the insurance company pays out the settlement request, the motorcyclist receives the compensation needed to cover all accident-related expenses. This should include the fees needed to pay for legal assistance. If the insurance company denies the claim outright or counteroffers with a lower settlement, the motorcyclist and their lawyer will need to go into negotiations.

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Taking the Next Steps

In most cases, the insurance company will not simply pay out on the claim. They will attempt to minimize the amount paid or deny the claim completely. If the claim is denied, the lawyer will need to provide evidence backing up the claim and again requesting compensation. If it is still denied, the case may end up going to court. If that happens, a jury will need to determine liability and the amount of compensation owed to the motorcyclist.

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The insurance company will likely try to offer a reduced settlement to the motorcyclist. This is when negotiations will start, as the lawyer for the motorcyclists will work hard to get them a better offer. This can take time, as the lawyer and insurance company will go back and forth to determine the right amount. Eventually, they will likely come to an agreement, and the motorcyclist can receive compensation for their injuries. If not, the case can end up going to court. Most cases, however, do end in a settlement.

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Motorcycle accidents can lead to severe injuries and large damages. When the motorcyclist is not at fault for the accident, they’re owed compensation by the at-fault driver. This isn’t always easy to get, however, and many end up settling for far less than the case is worth. Instead, motorcyclists can speak with a lawyer to have a better chance of getting a larger settlement and being able to avoid paying any accident-related expenses out of pocket. If you’re a motorcyclist who has been injured in an accident, schedule a consultation with our law firm today to learn more about your options and the compensation you could receive.

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Motorcycle Accident FAQs

The period after a motorcycle accident can be frightening, especially once the bills start piling up. If you’ve been in a motorcycle accident and were injured, you likely have a lot of questions about your case and whether you can obtain compensation. A consultation with one of our lawyers is the best way to get more specific details about your situation. While you wait for a consultation, you can read through these FAQs to get more information.

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What are Common Causes of Motorcycle Accidents?

Motorcycle accidents are frequently caused by drivers not paying attention to the road around them and not noticing the motorcycles since they are smaller than most vehicles. Accidents can also be caused by speeding, driving under the influence, poor weather conditions, and damaged roads or debris on the road. In New Jersey, nearly two-thirds of accidents involving another vehicle were because the other driver didn’t see the rider. In accidents without another vehicle involved, speeding was the most likely cause.

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What Should I Do if I’m in a Motorcycle Accident?

Call for emergency services immediately. If you’re severely injured, you will require emergency medical care. If you are not severely injured, call law enforcement to write a report of the accident and see a doctor as soon as possible. Take photos of the accident scene, your motorcycle, and any other damages. Then, contact a lawyer to learn more about getting compensation for your injuries and damages.

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How is Fault Determined for a Motorcycle Accident?

The fault is determined by looking at how the accident occurred. If another vehicle is involved, it may require looking at what the vehicles were doing before the accident, whether the other driver noticed the motorcycle, and how the motorcycle was hit. Evidence can be used to determine fault, such as photos of the scene and damages or witness statements.

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Who is Liable for My Accident?

If you were hit by another driver, they are likely liable for the accident. In most cases, you’ll go through their insurance company to obtain compensation for the accident. This isn’t always easy to do, and it may be difficult to prove liability, so working with a lawyer is advisable. If the accident is caused by something else, like debris in the road, the liable party could be whoever caused the debris to be in the road or the local county for failing to keep the road in a safe driving condition.

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Do I Need to Wear a Helmet?

Yes. New Jersey requires motorcyclists to wear a helmet that has been approved by the DOT. Failing to wear a helmet or wearing one that is not approved and up to the standards of the DOT can make injuries worse in an accident and can lead to a ticket. It may also have an impact on how much compensation you can receive after the accident.

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Do I Need to Report the Accident to The Police?

Yes. It is a good idea to report the accident to the police. They will create a report that can usually be viewed within a few days. The report may have details that can help prove liability and will have information on it like the other driver’s insurance information. All of this can help with obtaining compensation from the at-fault driver.

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What Compensation Can I Receive?

Types of compensation generally received after a motorcycle accident include present and future medical bills, lost wages, lost earning potential, motorcycle repair or replacement costs, and pain and suffering. There may be other types of compensation you’re entitled to, as well. It is a good idea to speak with a lawyer so you understand all the different types of compensation you could receive.

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How Long Will It Take to Receive Compensation?

The amount of time varies from case to case depending on whether liability is in question, whether the insurance company is willing to offer a sufficient settlement, and whether the case ends up going to court. Cases that do go to trial can take a year or two longer than ones that settle, but most cases do end in a settlement before going to court.

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What Happens if the Accident Was a Hit and Run?

If the accident was a hit and run, be sure to contact law enforcement immediately so they can arrive at the scene of the accident and start gathering evidence. It may be possible to determine who hit you. In that case, it’s possible to request compensation through their insurance. They may also face charges related to the hit and run, especially if you sustained severe injuries as a result of the crash.

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What Should I Do If I Live Out of State?

If you live out of state, it’s imperative you work with a lawyer who can help you handle the case from New Jersey. With many people riding motorcycles through the state when the weather is great, this situation does happen, and a lawyer will be able to help handle the negotiations and court case if needed, even though you’re not from the state. They can also help explain how laws and compensation work in New Jersey, in case it’s different in your state.

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How Long Do I Have to File a Claim?

In general, you’ll have around two years to file a lawsuit after the accident. There are few instances when the time period may be long, but it can be difficult to be granted those exceptions. Working with a lawyer means you don’t have to worry about running out of time. The lawyer can handle everything on your behalf and make sure all deadlines are met so you can receive the compensation you need.

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Do I Need a Lawyer to Obtain Compensation?

You can request compensation through the at-fault driver’s insurance. There are, however, issues with trying to do it alone. It’s possible to say something inadvertently that could give the insurance company a reason to deny the claim completely or minimize the amount of compensation. If they do agree you should receive compensation, they will offer the lowest settlement possible, and it can be hard to negotiate without a lawyer. If you do accept a lower settlement, it is not likely you can request more funds in the future. It’s far better to have a lawyer on your side who can negotiate a higher settlement from the start.

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If you’re a motorcyclist who has been injured in an accident, these FAQs may have answered some of the questions you have. If you’d like to learn more about your specific case and start getting help requesting compensation for the accident, contact our law firm now and schedule your consultation.

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Schedule a Free Consultation Today - When you need the expertise it takes to negotiate with insurance companies, you can count on motorcycle accident lawyer Garces, Grabler & LeBrocq. We’re passionate about winning you the highest possible award. To speak with an experienced motorcycle accident attorney in New Brunswick NJ today, call us toll free at 800.923.3456 or contact us online and to start the process.

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