Motorcycle accidents are not only common, but they often end in injury for the motorcyclist. If you were recently hurt in an accident, you need to know the basics of recovering compensation and filing a claim against the negligent driver.
Right away, we can confirm whether you have a case and what the filing deadline is. We can also begin monitoring damages immediately to keep an accurate tally at all times. Evidence like photos, videos, witness testimony, and medical records can help motorcycle accident victims prove fault. Motorcycle accident lawsuits rarely go to trial; most are resolved through out-of-court settlement negotiations between the parties.
Call motorcycle accident lawyer Jerry Friedman at 1-800-529-4464 for a confidential and free case assessment.
Clinton Motorcycle Accident Lawsuit Basics
We can explain everything you need to know about pursuing a motorcycle accident lawsuit when handling your compensation claim.
Your Right to Sue
You have the right to sue for a motorcycle accident if another driver who owed you a duty of care breached their duty and injured you. New Jersey’s choice no-fault laws for auto accidents do not apply to motorcycle accidents, so you need not suffer a “serious injury,” such as death, dismemberment, significant disfigurement or scarring, loss of a fetus, or a different permanent injury, to sue.
The Deadline to File
New Jersey’s personal injury statute of limitations is 2 years. This is how long you have to file your lawsuit after a motorcycle accident, unless there is a valid tolling exception. Being injured as a minor by a defendant who leaves the state tolls the statute of limitations and delays the filing deadline.
Injury Documentation
Documenting injuries from a motorcycle accident should be a top concern. Most likely, you should go to the hospital directly from the crash site. Motorcycle accidents rarely result in no or minor injuries for victims, even if they are wearing helmets and other protective gear. Traumatic brain injuries and fatal head injuries can still happen.
Continuous injury documentation is just as important as initial documentation. Continue seeing doctors and specialists for however long is necessary based on the severity of your injury. Do not stray from your treatment plan, as that could compromise your case and the medical evidence we present.
Compensable Damages
All damages from a motorcycle accident are compensable. The first category of compensable damages is economic damages, such as hospital bills, lost wages, and other concrete expenses. The second category is non-economic damages, such as physical pain, mental suffering, and emotional distress.
Tracking Damages
It is not enough to know what damages are compensable; you must keep track of them and present clear evidence of the damages you incurred. Our attorneys will track damages for you by maintaining organized records of medical bills, lost wages, property damage, and other economic losses. You can track non-economic damages with help from a mental health professional or by keeping a daily journal and reflecting on your pain and suffering.
Admissible Evidence
Admissible and useful evidence in motorcycle accident lawsuits includes photos from the scene, eyewitness testimony, victim testimony, video footage, accident reconstruction, and medical records. Police reports may not be admissible, but they are still useful during case preparation.
Settlement Negotiation Tactics
Using effective settlement negotiation tactics can yield a good out-of-court settlement that gets you compensation sooner and lets you avoid a trial. Settlement negotiations take time, so do not rush to accept the first offer. Let us leverage evidence, make counteroffers, and negotiate with the other side until we get an offer worth accepting to end the case.
Possibility of Trial
Most injury lawsuits settle, but that does not mean yours has to. Trials are a possibility when settlement negotiations stall or defendants become non-communicative. We can prepare your case for court from the get-go, even if you anticipate settling, just in case a trial takes place and we must prove the defendant’s liability.
Effect of Comparative Fault
Contributing to an accident can directly affect the damages you recover. Motorcyclists who contribute to accidents may still sue for damages, but only damages attributable to the defendant’s negligence, not their own. If a plaintiff’s negligence outweighs a defendant’s, they are barred from any damages.
Motorcycle Accident FAQs Answered
Do You Have to Call the Police After a Motorcycle Accident?
You should call the police after a motorcycle accident if you are injured or sustain any notable property damage. Always prioritize your safety and financial recovery, even if the other driver asks you not to call 911 and officially report the accident.
How Important is Getting Medical Attention After a Motorcycle Accident?
Getting medical attention is extremely important after a motorcycle accident so that your medical records align with the accident’s date and time and help establish the cause of your injury.
What Are the Top Motorcycle Accident Injuries in New Jersey?
The following are some of the top motorcycle accident injuries that lead to personal injury lawsuits:
- Road rash
- Traumatic brain injury
- Spinal cord injury
- Fractures
- Internal injuries
What Are the Top Motorcycle Accident Causes?
Top causes of motorcycle accidents include drivers failing to yield to motorcyclists, merging or changing lanes without checking blind spots, failing to see motorcycles or other smaller vehicles, following too closely, drunk driving, and distracted driving.
What Are the Top Motorcycle Accident Locations in New Jersey?
Top locations for motorcycle accidents in New Jersey include highways, intersections, tight turns and corners, and stretches of stop-and-go traffic.
Do You Need a Motorcycle Accident Lawyer?
Having the guidance and support of an experienced lawyer like Jerry Friedman sets you up for success when pursuing compensation and ensures you are well-informed about the process and any updates to your case.
Get Jerry’s Help After Your Motorcycle Accident
Call 1-800-529-4464 for a free case discussion with motorcycle accident lawyer Jerry Friedman.