Getting run off the road is scary for anyone, but especially for motorcyclists, whose vehicles are much smaller than cars and trucks. If a driver runs you off the road, they might keep driving, making things even harder for victims.
Before leaving the scene, however, call 911 and report the accident to the police. Talk to other eyewitnesses who saw the negligent driver run you off the road in New Jersey. If you are injured, go to the hospital. Soon after, Jerry can work on identifying the driver who ran you off the road and file a motorcycle accident lawsuit against them to recover fair compensation.
Call New Jersey motorcycle accident lawyer Jerry Friedman at 1-800-529-4464 for help with your case.
What Should I Do if a Driver Runs Me Off the Road on My Motorcycle?
Don’t panic if a driver runs you off the road on your motorcycle. Instead, call the police and focus on your health and safety.
Call 911
If someone runs you off the road while riding your motorcycle, injures you, and then flees the scene, you should call 911. Hit and runs are illegal in New Jersey, so law enforcement may investigate the accident and help us identify the at-fault driver.
Calling 911 also generates a crash report, which we can use later on. Police officers may interview you and other witnesses to gather any information that could help identify the at-fault driver, such as the type of car they were driving or a partial license plate number.
Speak with Witnesses
When someone runs another vehicle off the road, especially a small, unstable motorcycle with a vulnerable rider, witnesses may stop to offer aid. If anyone else witnessed the incident, please speak with them. You shouldn’t discuss details, but you should request their names and phone numbers.
In the following days and weeks, we can conduct interviews with eyewitnesses. They may provide crucial information that not only helps us identify the driver who injured you, but also proves their liability in court.
Seek Medical Attention
If you’re hurt when a negligent driver runs you off the road, go to the hospital. Know that your personal injury protection insurance won’t cover damages from a motorcycle accident, but that you can seek compensation by filing a lawsuit. While we work to identify the responsible party, please prioritize your physical health and recovery.
Don’t underestimate your injuries, even if they seem minor. Shock and adrenaline delay the pain of some of the worst motorcycle accident injuries, so get assessed.
Call a Lawyer
Don’t wait to call Jersey City motorcycle accident lawyer Jerry Friedman if a reckless driver ran you off the road and injured you. The sooner you reach out, the sooner Jerry can find and preserve evidence and file your claims.
Why Do Negligent Drivers Run Motorcyclists Off the Road?
Negligent car drivers run motorcyclists off the road for many reasons, from texting, talking on the phone, turning around to speak to someone in the back seat, and other types of distracted driving that lead to motorcyclists being run off the road.
Neglecting one’s blind spot while merging can have a similar result, as can aggressive or reckless driving and tailgating.
Can I Sue the Driver Who Ran Me Off the Road on My Motorcycle?
The fact that there is no crash between you and the other driver doesn’t necessarily stop you from having a case.
Other Driver’s Fault
If you get run off the road and crash into a fixed object or tip your motorcycle, you might suffer terrible injuries. The reckless driver who caused the incident would be liable, entitling you to compensation through a lawsuit.
Elements
The fact that they did not actually “hit” you doesn’t change the fact that the crash was their fault. In a lawsuit, you need to prove four elements, which are potentially met without them hitting you:
- The other driver owed you a duty. They have to follow traffic laws and drive reasonably, for example.
- The other driver breached that duty. Literally running you off the road would be unreasonable on its own, but it also violates multiple traffic laws.
- What they did directly caused your crash, even if the damage ultimately came from hitting another object or falling.
- If you suffered injuries, medical bills, property damage, etc., then you have damages.
Insurance Rules
While New Jersey’s serious injury threshold might block some lawsuits for car crashes, it does not apply to motorcycle crashes. You don’t have to meet any threshold to file a lawsuit. You may sue if you suffer any injuries or incur any damages.
Filing Deadline
While you can sue, you can’t do so forever. The statute of limitations for motorcycle accident lawsuits in New Jersey is two years, as per N.J.S.A. § 2A:14-2. Call us right after your crash to make sure you file within the two-year timeframe and don’t miss your chance to get damages.
What Damages Can I Get if a Driver Ran Me Off the Road in New Jersey?
You can recover all the damages you experience because a driver ran you off the road on your motorcycle.
Economic Damages
A lawsuit against the driver who ran you off the road may yield damages for medical bills, lost wages, and any other expenses from the incident. We must track these damages carefully to ensure calculations are accurate, so don’t wait to have Jerry start working on your case.
Non-Economic Damages
Non-economic damages include physical pain from an injury, reduced quality of life, mental suffering and anguish, and other intangible harms. Compensable damages aren’t capped in New Jersey motorcycle accident lawsuits, and Jerry can strive to maximize the compensation in your case.
FAQs for Motorcycle Riders Run Off the Road
Can You Sue for a Crash Where the Other Driver Didn’t Hit You?
Yes, but it can be difficult. First, you need to track down the driver; if they ran from the scene, you might have trouble suing them. Second, you need to show that their actions actually caused your crash – which is clear if they physically touched you, but less clear if they did not.
Even so, helmet cams, your testimony, witness testimony, and security/traffic cameras can help show what happened.
What Info Do I Need to Track Down a Hit and Run Driver?
If the other driver fled from the scene, give the police as much information as you can about their vehicle and what the driver was doing. The following info is especially helpful:
- The type of vehicle (18-wheeler, pickup truck, SUV, sedan, convertible)
- Color
- Make
- Model
- Any easily identifiable modifications or features (lifts, tilted/cambered wheels, big fins)
- Any stickers, license plate frames, or other identifying marks on the vehicle
- Any details you can give about the driver (race, age, gender)
- License plate number or partial number
- License plate state
- Where they came from
- Where they were going.
The more info you have, the better. If you caught the driver on a helmet cam, definitely turn that video over to the police.
Is it a Crime to Run Someone Off the Road?
The specific conduct might dictate what charges apply, if any, but intentionally injuring someone with your car is certainly illegal. However, you do not need this to rise to the level of a criminal offense before you can sue them for it.
What Can I Do if I Was Run Off the Road?
First, you can call 911 and get help. The police might be able to track down the driver.
If they do, you can file a motorcycle accident claim against them, since the accident was their fault (even if they did not touch you). If you cannot find them, you might be covered under your own insurance for some damages, so check your policy and work with a lawyer.
Does My Insurance Cover Me?
In New Jersey, car insurance typically has a PIP policy that will pay for your own injuries and damages after a crash. This does not apply to motorcycle riders, though.
That means your insurance will not cover your own injuries unless you add special coverages to the policy, like collision coverage and medical payment insurance. It is generally best to go after the at-fault driver’s insurance when you need damages covered.
What Evidence Do You Need?
Any evidence you can get will be helpful, but the following are some ideas of where to get started:
- Your testimony
- Other witness testimony
- Photos of the accident scene
- Pictures of the other driver’s car/license plate (if they fled)
- Any information you can record or write down about the accident (location, time, vehicles involved, signs, signals, weather, road conditions, etc.)
- Vehicle damage appraisals
- Helmet cam, dash cam, traffic cam, and security cam footage, if available.
We may also be able to consult with accident reconstruction experts to show how the other driver hit you or pushed you off the road.
Can You Sue for Road Rage Accidents?
Yes. If road rage causes someone to intentionally cause your crash, that makes the crash their fault. You can sue for accidents caused by unintentional behavior; if someone’s actions rise to the level of recklessness or intentional acts, you can definitely sue
You may even be entitled to additional damages (punitive damages) if the defendant’s actions were reckless or intentional.
Get Help with Your Case from Our NJ Motorcycle Accident Lawyer
New Brunswick, NJ motorcycle accident lawyer Jerry Friedman can assess your case for free when you call 1-800-529-4464 today.