MOTORCYCLE ACCIDENT

Motorcycle accidents are often catastrophic events that result in devastating injuries or death. When negligent drivers cause an accident, you and your family may be eligible to pursue compensation to pay for medical bills, lost wages and property damage.  

HOW DO I KNOW IF MY CASE QUALIFIES FOR COMPENSATION?

Since no two motorcycle crashes are the same, it can be difficult to determine whether you may qualify for compensation without first discussing your claim with a licensed lawyer. Our team of legal professionals can determine if you may qualify for compensation in a Free Case Evaluation.

The main thing our lawyers must consider when trying to validate your claim is whether we may be able to establish the four elements of negligence:

• Duty of care was present – This means the at-fault party had a legal obligation to act reasonably prevent harm to himself or herself and others. For example, drivers must obey the rules of the road.
• Duty of care was breached – When the at-fault party neglects his or her duty of care, others can get hurt. If a reasonable person in a similar situation would have acted differently to prevent harm, there may have been a breach of duty.
• Causation exists – You or your attorney must prove that your injury was the direct result of the breached duty of care. In other words, the accident could have been avoided if the defendant upheld his or her duty or care.
• Damages were generated – This means the crash resulted in financial losses such as medical bills, lost wages from missing work and/or property damage. You may also be able to recover compensation for emotional damages.

If you have questions about whether you have a valid claim, do not hesitate to contact a New Jersey motorcycle accident lawyer from the Pagliara Law Group.

HOW MUCH COMPENSATION COULD I RECOVER FOR A MOTORCYCLE CRASH CLAIM?

Determining the value for a motorcycle accident claim could be challenging without the help of a legal professional. Our attorneys have in-depth knowledge of state and local laws and hands-on experience  with these types of cases.

Some of the forms of compensation you could receive may include:

If you lost a loved one in a motorcycle accident, you may also be eligible for additional compensation through a wrongful death lawsuit. When investigating your situation, we will determine all forms of compensation you may be eligible for.

Let our attorneys handle the complexities of the legal process so you can focus on your recovery.

WAYS OUR NEW JERSEY MOTORCYCLE ACCIDENT ATTORNEYS CAN HELP

Accident victims often do not know the many benefits of hiring a licensed New Jersey motorcycle accident lawyer. There are many steps we are prepared to take to help validate your claim and build a strong case:

We are committed to aggressively pursuing the compensation you need to get back on your feet after an unexpected accident.

IS THERE A DEADLINE TO FILE A MOTORCYCLE ACCIDENT CLAIM?

Many accident victims may not realize they only have a certain amount of time to file a claim. The New Jersey statute of limitations for a motorcycle accident is usually two years from the date of the crash or from the date you discovered your injury.

However, since everyone’s situation is different, there may be instances where the two-year period may be extended or shortened, depending on the details of your case. It is important to discuss the deadline for your claim with a reputable lawyer.

WHAT IF I WAS NOT WEARING A HELMET DURING THE CRASH?

You may still be able to obtain compensation for your claim. However, it is important to note New Jersey has a comparative negligence law that says your compensation award can be reduced if you are partially at fault for the crash.

You can be sure the insurance company will use the fact you did not wear a helmet against you and assign some amount of fault to you, particularly if you suffered head injuries. They will likely argue your injuries would have been less severe if you were wearing a helmet.

The law also states you cannot recover any compensation from a party that holds less fault than you. The insurance company may claim you not wearing a helmet is an example of reckless behavior and pin the blame for the crash on you.

It is also important to note New Jersey requires all motorcycle riders to wear helmets, unlike some states that mandate it for riders under the age of 18 or 21. After the accident, you may receive a traffic citation, and you can be sure the insurance company will use this against you.

While not wearing a helmet could make it more difficult to recover compensation, it also puts you at much higher risk for a serious injury. Statistics show riders without helmets are three times more likely to die from head injuries compared to riders with helmets.

WHAT IF THE DRIVER’S INSURANCE COVERAGE RUNS OUT?

Even though New Jersey is a no-fault state, these laws do not apply to motorcycles. (In a no-fault state, accident victims usually pursue compensation from their own insurance policies instead of the policy of the at-fault driver.)

That means you cannot purchase personal injury protection to cover you after a crash. You will likely need to file an insurance claim against the at-fault driver’s policy.

Unfortunately, motorcycle crash injuries are often so severe that medical expenses are worth more than the value of the other driver’s liability insurance. The minimum required liability insurance in a standard New Jersey auto insurance policy is $15,000 per person and $30,000 per crash, although many drivers buy more than the minimum required coverage.

If you exhaust the other driver’s insurance coverage, you may be able to use the uninsured/underinsured motorist coverage in your motorcycle insurance policy to cover additional expenses. However, these types of claims can be complicated, and you should strongly consider seeking help from an experienced attorney.

CAN AN INJURED PASSENGER FILE A CLAIM?

Yes, like the rider, you may be able to file a claim against the at-fault driver’s insurance policy. If the motorcycle rider was at fault, you may also be able to file a claim against his or her insurance policy. You may feel uneasy about filing a claim if the rider is a friend or family member, but you are not suing him or her. You are seeking compensation from the rider’s insurance provider.

CAN I RECOVER COMPENSATION FOR A ‘NO CONTACT’ MOTORCYCLE CRASH?

The short answer is yes, you may be able to pursue a claim. A “no contact” motorcycle accident occurs when a rider loses control of his or her bike and crashes, and the accident did not involve a collision with a reckless driver.

There are many reasons why these crashes occur including tire blowouts, potholes in the road or uneven surfaces. A product manufacturer or government entity responsible for maintaining the road may hold liability in a no-contact crash claim. However, these claims can be difficult to prove without the help of a qualified lawyer.

WHAT CAUSES MOTORCYCLE ACCIDENTS TO OCCUR?

Motorcycle crashes are often caused by reckless driving. Some of the most common examples of reckless driving that could lead to accidents include:

WHAT ARE SOME COMMON MOTORCYCLE CRASH INJURIES?

When other motorists fail to respect the rights of motorcyclists or do not follow the laws of the road, they gravely endanger motorcycle riders and their passengers. If that negligence causes an accident, there is a significant chance that those riding the motorcycle will suffer severe injuries.

Some of the most severe injuries that often happen in motorcycle crashes:

These types of injuries require expensive and long-lasting medical treatment. Unfortunately, insurance providers often undervalue claims or deny them, as their focus is to pay out as little compensation as possible.

That is why you need an experienced attorney representing you, as he or she will be focused on recovering maximum compensation.