Recovering damages after a motorcycle accident can be incredibly difficult for injured riders. Besides all the typical issues important to any injury claim, riders often face uphill battles over liability just because they were on a motorcycle.
When filing a lawsuit, you need an attorney who understands the unfair challenges that motorcyclists face and how to fight them. Jerry Friedman has not only been practicing law for several years but also rides. This gives him insights other attorneys might not have if they have not experienced how other drivers treat riders on the road. He will help prepare your claim, including obtaining and reviewing police reports, contacting witnesses, and addressing uncomfortable issues regarding your own negligence. Most importantly, you will know that your legal interests are being looked after by a lawyer who intimately understands these claims.
To schedule a free case consultation, contact motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464.
Important Issues to Address When Filing a Motorcycle Accident Claim in Lindenwold, NJ
When our lawyer takes your case, he will help you address the critical issues involved in every motorcycle accident lawsuit. If you were cognizant, you will know some answers to these questions because you were directly involved and know what you did during and after the accident. Jerry, our motorcycle accident attorney with decades of experience, will determine the other crucial matters that must be addressed to recover the compensation that covers your damages. The guide below will help you protect yourself after an accident and show what must be overcome to win your case:
Reporting the Accident
Right after the accident, before the idea of a lawsuit even enters your mind, call 911 and report it. In a lawsuit, you are suing for damages caused by your injuries. Since you are injured in the accident, N.J.S.A. § 39:4-130 requires you to report it to the police, but you should do this regardless. The police will observe the scene, speak to the involved parties, including witnesses, and issue tickets, all of which will be recorded in the collision report. While the report generally cannot be used as evidence in a trial because of strict evidentiary rules, it is vital in insurance negotiations where evidence can be considered more broadly.
The Lindenwold Police Department likely investigated your motorcycle crash, and reports prepared by its officers can be obtained online. Jerry can also get the report during the case investigation or determine the department that responded to the crash if it was not the LPD.
Preserving Evidence
After reporting the crash, you can preserve evidence on the scene before it has a chance to be cleaned, which will likely happen soon after you leave. When something remarkable occurs, many people now first think to take out their phones and record, and that instinct should guide you here. You can start by photographing the damage to your bike, the other vehicle, and any debris lying around. If you have visible injuries, take photos of those, as well. The police will also usually take pictures to include in their report when investigating accidents of this nature. These photos can be included as evidence in your complaint.
Jerry will also work to locate other pieces of evidence you would not have had access to earlier. For instance, if your motorcycle accident occurred in a business district or residential neighborhood, a security or “ring” doorbell camera might have filmed the incident. Jerry can also get evidence the defendant has since you have a right to use it in your case. If the other driver had a dashcam recording the incident or took their own photos, Jerry will demand the defendant’s attorneys turn the evidence over during litigation.
Identifying Eyewitnesses
Did any witnesses stop to help? If so, were you able to get their contact information? When Jerry reviews the case with you, you might recall that you did speak with witnesses but did not have time to get their information. Jerry can use other methods to identify eyewitnesses to your accident, like reviewing the police report. If they spoke to the police, the report should have their name, phone number, and address. Jerry can reach out to them for you to determine if what they have to say will support your case.
Getting Medical Care
Getting medical care might not be a choice if you suffer serious injuries in a motorcycle accident, as you will be transported from the scene directly to the emergency room. However, if you could move around despite your injuries, you should still go straight to the hospital. The longer you put off medical treatment, the more room the defendant has to argue that you were not seriously injured. Think of your medical records as a history of your efforts to address the damages the defendant caused. If you started later or sections of treatment are missing, it raises serious questions about the validity of your claim.
Filing the Claim
One of the first questions Jerry will ask when discussing your case is when your accident happened. According to § 2A:14-2(a), motorcycle accident victims have just two years from the crash date to file a claim against a negligent driver. If you started your case right after the accident, that time can be used to gather additional evidence. If the limitations period has closed, the court will not hear the case unless an exception applies, which is rare.
Determining Liability
To recover the damages you sustained, you must prove that the other driver was liable for them. At the same time, the defendant will be trying to prove that you were also liable. Comparative negligence rules under § 2A:15-5.1 allow defendants to raise this defense. If they succeed, your award will be lower than your total damages or could be completely denied if you are more at fault.
Call Jerry, Our Experienced Motorcycle Accident Attorney in Lindenwold, NJ for Help with Your Case Today
For a free case evaluation, call motorcycle accident lawyer Jerry Friedman at 1-800-529-4464.