Atlantic County Motorcycle Accident Lawyer
Atlantic County Motorcycle Accident Lawyer
Accidents on the road can be difficult and troublesome to work through. You must contend with your insurance company, maybe someone else’s insurance company, and figure out how to repair your vehicle. A particularly bad accident could leave you physically injured in the hospital or worse. Motorcycle riders are at a unique disadvantage on the roads because they are more susceptible to accidents. Other drivers often overlook motorcycles, and bikers are less protected. A motorcycle crash can lead to disastrous results.
While recovering from your accident, you will have to think about how you will pay for things like repairs to your bike in addition to medical bills. Nobody is very enthusiastic about going to court, but a lawsuit might be your best option to recover just compensation. Call our Atlantic County motorcycle accident attorney for help with your lawsuit. Call Jerry Friedman at 1-800-529-4464 to schedule a free and confidential legal consultation.
How Motorcycle Accidents Happen in Atlantic County
After an accident, many people are left wondering what happened. Accidents tend to happen very quickly and unexpectedly, which is why they can be so difficult to avoid. In some cases, an accident is the driver’s fault. Maybe you took your eyes off the road for just a second. Perhaps you were trying to text while driving or distracted by a passenger. In these kinds of cases, you are likely the one at fault and probably will not be able to sue someone else.
Many other accidents are caused by other drivers’ mistakes. Sometimes, a driver follows all the rules of the road when suddenly they are struck by another vehicle. Driving defensively can help you avoid accidents, but sometimes accidents seem to come out of nowhere. In many cases, another driver’s negligence is the cause of the accident. You could be driving safely and responsibly, but if another driver blows through a red light or a stop sign, there might be no way to avoid a collision.
To make matters worse, bikers are more prone to injuries in an accident because of the nature of the vehicle. Bikers are not enclosed like someone in a car. Instead, they are exposed and uncovered, often with only a helmet to protect them. Bikers are also more easily missed by other drivers because their vehicles are much smaller, making riding a motorcycle riskier. Speak with our Atlantic County motorcycle accident lawyer about your collision.
Determining How Someone’s Negligence Caused Your Motorcycle Accident in Atlantic County
If another driver’s carelessness caused your accident, we will have to prove it in court. Negligence has four key components that must be present during the accident to hold the defendant liable for your accident. If any one of the components is missing, the defendant may not be found liable, and you will be out of luck. Call our Atlantic County Motorcycle accident attorney for guidance.
First, we must establish that the defendant driver owed a duty of care. A duty of care is like a legal requirement that a person act according to a certain standard of care or carefulness. Sometimes, the duty is specific and clear. A professional caregiver has a clear duty to the patient in their care. For drivers on the highways and roads, this duty is less specific. Drivers have a more general duty to safely operate their vehicles for all drivers’ benefits.
Second, we must prove that the defendant breached their duty of care on the road. The breach is the action or lack of action that violated the defendant’s duty to drive safely. If the defendant is issued a citation or ticket for a traffic code violation, this may help prove the breach. Breaking traffic laws is a violation of a driver’s duty to drive safely. If a citation does not exist, we may need to turn to accident reconstruction experts to prove the defendant breached their duty.
Third, we must not only show that the defendant breached their duty but that the breach caused the accident. The fact that the defendant ran a stop sign or was speeding is not definitive proof that they caused the accident. Any number of independent sources could have caused the accident.
Damages or Injuries
Finally, we have to show real damages. This means proving that you suffered actual injuries. A defendant can only be held liable for negligence if their negligence caused harm. A defendant cannot be held responsible for injuries that do not exist. Damages are easily proved by things like your medical records and photos of your motorcycle showing the extent of the damages.
Legal Requirements for Riders in Motorcycle Accidents in Atlantic County
Operating a motorcycle comes with legal requirements. A biker who does not follow safety protocols could be deemed responsible for their injuries, at least to an extent. Bikers absolutely must wear a helmet. This is legally required by the State of New Jersey. Helmets must conform to specific sizes and shapes to meet safety standards. Additionally, bikers must follow all the usual rules of the road.
New Jersey follows a rule of comparative negligence. Under this rule, a plaintiff’s damages will be reduced in proportion to their negligence. If a biker were 25% negligent in their accident, their award or relief would be reduced by 25%. A plaintiff cannot recover any damages if they are more than 50% responsible for the accident. Following all the required rules of motorcycle safety will reduce your negligence. Call our Atlantic County motorcycle accident lawyer for more information.
Who You Should Sue After a Motorcycle Accident in Atlantic County
Determining who you should sue is not always so obvious. If another driver is responsible for your accident, you will want to sue that driver. However, things become complicated when insurance companies get involved. The other driver’s insurance company may refuse to pay you for damages. In that case, we might have to sue that insurance company in addition to the driver. If you are in an accident by yourself and there is no other vehicle, you could end up fighting your own insurance company for coverage. Contact our Atlantic County motorcycle accident attorney for help with your lawsuit.
Call Our Atlantic County Motorcycle Accident Attorney for a Legal Consultation
If an accident left you injured while you were riding your motorcycle, contact our Atlantic County motorcycle accident attorney for help. Call Jerry Friedman at 1-800-529-4464 to schedule a confidential and free legal consultation.