After a motorcycle accident, you may be at a loss for what to do next. Victims should hire an experienced attorney to help them file a lawsuit against a negligent driver and recover substantial compensatory damages.
Because of New Jersey’s complex no-fault insurance laws that exclude motorcyclists, suing a negligent driver may be the only course of action for motorcycle accident victims to recover sufficient damages. Once you file a lawsuit, we can use our resources and experience to prove a negligent driver’s fault and recover compensatory damages on your behalf. Hire a lawyer as soon as possible after your accident. Victims often need fast access to compensatory damages, and waiting too long to act can impact a motorcycle accident lawsuit’s outcome.
Call motorcycle accident lawyer Jerry Friedman for a free case evaluation today at 1-800-529-4464.
What Are Your Recovery Options After a Motorcycle Accident in Hammonton, NJ?
Motorcycle accident victims may only have 3 options after a crash: turn to their medical insurance, rely on the negligent driver’s liability insurance, or file a lawsuit. In some cases, victims with underinsured or uninsured motorist coverage can recover damages by filing a claim.
It is also important to note that negligent driver’s liability insurance may not be enough to cover the cost of your injuries.
Does Personal Injury Protection Insurance Cover Motorcycle Accidents in Hammonton, NJ?
New Jersey’s no-fault insurance laws can make recovering compensation through insurance much more difficult for motorcyclists. Because of that, filing a lawsuit is often the best option for motorcycle accident victims who need compensation.
New Jersey drivers must carry personal injury protection (PIP) insurance. The purpose of this is to reduce the need for lawsuits after collisions. Victims need only turn to their PIP coverage rather than filing a lawsuit or an insurance claim against a negligent driver.
Unfortunately, PIP insurance does not extend to motorcyclists. Even if you have PIP for your car, it will not compensate you for injuries sustained in a motorcycle accident.
What is the Best Path to Compensation After a Motorcycle Accident in Hammonton, NJ
Generally speaking, the best course of action after a devastating motorcycle accident in New Jersey is to sue a negligent driver.
As mentioned, PIP does not cover motorcyclists, and filing a claim against a negligent driver’s liability insurance may be insufficient. Suing a responsible party with help from our motorcycle accident lawyer can also allow injured victims to recover sufficient damages and heal after catastrophic collisions.
How Can You Prove Fault in a Hammonton, NJ Motorcycle Accident Lawsuit?
Proving fault in a motorcycle accident lawsuit can be difficult. These cases are often complex and require keen insight from an experienced lawyer. If you do not have an experienced attorney in your corner, proving fault can be even more challenging.
Duty of Care
For another party to bear fault for your injuries, they must have owed you a duty of care at the time of injury. If you are riding your motorcycle on a public road in Hammonton, every other driver on that road in your proximity owes you a duty of care to follow the speed limit and heed other traffic laws.
Breach of Duty
Next, we must prove that the negligent driver breached the duty of care they owed you. We need to explain what they did wrong, such as speeding, distracted driving, or failure to yield, and may use eyewitness statements and surveillance camera footage to prove how they breached their duty.
Causation
The third step in proving fault for a motorcycle accident is establishing causation. Your injuries must be the result of another driver’s error or recklessness, and cannot merely be coincidental. Causation may be the most confusing element of a personal injury lawsuit to victims, who typically need an attorney to satisfy this requirement.
Damages
The last thing that is required to prove a motorcycle injury case is to show that you incurred damages because of the defendant’s negligence. Damages in motorcycle accident cases can be substantial, often including expensive medical bills, ongoing lost wages, and physical and emotional pain and suffering.
What Evidence Can Prove Your Motorcycle Injury Case in Hammonton, NJ?
Unfortunately, motorcycle accident lawsuits are not always simple. However, even the most complex case should not dissuade a skilled attorney. Jerry can launch a thorough investigation into the accident and find evidence that indicates fault.
By uncovering available evidence, like medical records, eyewitness testimony, and security camera footage, your attorney can prove a driver’s negligence and your need for damages. Footage, photos, and eyewitness testimony might degrade with time, so it is incredibly important for victims to initiate their motorcycle accident compensation claims immediately.
What Damages Are Recoverable in Hammonton, NJ Motorcycle Accident Lawsuits?
Motorcycle accidents can be incredibly damaging to victims. Since motorcycles offer little protection to bikers, victims can sustain serious injuries even when wearing the proper protective gear. New Jersey does not limit damages in motorcycle accident lawsuits, although a negligent driver’s insurance policy limits could somewhat restrict your recovery. We will work hard to recover substantial compensation on your behalf so that you can begin to heal after a damaging condition.
Economic Damages
Generally, motorcycle accident victims can recover all economic damages in a lawsuit. Economic damages seek to compensate victims for the financial impact of a motorcycle accident on their lives.
For example, expenses related to an accident, like medical bills and physical therapy, are often covered. Current and future lost wages may also be compensated, depending on the severity of your injuries.
Non-Economic Damages
Because motorcycle accidents are often so damaging, victims can also recover non-economic damages. These damages are harder to quantify, as they attempt to compensate victims for the pain and suffering they have endured as a result of a negligent driver’s actions.
How Can You Get a Good Motorcycle Accident Settlement?
By building a strong case against a negligent driver, we can provide you with options for resolving the case so you can choose whether to settle or go to court.
Often, when an attorney compiles sufficient evidence pointing to a negligent driver’s fault, a defendant may be inclined to settle. In these situations, victims can then settle out of court or proceed to trial. This gives victims the upper hand in a motorcycle accident lawsuit.
Building a strong case, remaining patient during settlement negotiations, and reaffirming your right to compensation can all help you secure a good settlement.
What Can Affect Your Recovery After a Motorcycle Accident in Hammonton, NJ?
Several factors can affect your recovery after a motorcycle accident, both positively and negatively.
Shared Fault
New Jersey’s comparative negligence laws can negatively impact a motorcycle accident lawsuit and reduce a victim’s awarded damages. For example, if you are found to be partially responsible for your injuries, you could receive lesser damages.
Your skilled attorney will work to prove that your level of fault did not exceed a defendant’s and that a defendant was solely to blame for your collision.
Injury Severity
The more severe an injury is, the more medical treatment you may require and the more time you may have to take away from work. Because the damages associated with a more severe injury are greater, settlements are typically higher.
Injuries that cause permanent disfigurement or lack of function may yield the largest motorcycle accident settlements.
How Soon Should You Hire a Lawyer After a Motorcycle Accident?
Victims should hire an attorney immediately after sustaining injuries in a motorcycle accident in Hammonton. The longer you wait, the more difficult it can be to recover damages in a lawsuit against a negligent party. Do not think you can get all the compensation available to you without help from a motorcycle accident lawyer, as you might underestimate your damages, the severity of your injury, conduct demonstrated by the defendant.
Reasons to Get a Lawyer Immediately
Acting quickly is crucial after any motorcycle accident. The statute of limitations to file a compensation claim is 2 years from the date of injury. Suppose you wait too long to hire a lawyer. In that case, you may lose your right to file a lawsuit for compensatory damages.
Consequences of Waiting to Get a Lawyer
Waiting to hire a lawyer and sue a negligent driver can make your injuries appear insignificant without need for compensation. After a motorcycle accident of any kind, it is important to hire an attorney immediately to have the best chance of recovering the damages you deserve.
How Often Do Motorcycle Accident Cases Go to Trial?
The majority of motorcycle accident lawsuits settle because both plaintiffs and defendants have reasons to avoid trial. There is no guarantee, however, that your case will settle.
Trials for motorcycle accident lawsuits are less common than settlements, but do happen periodically. Trials are typically very short and may only take a couple of days.
As mentioned, motorcycle accident lawsuits must be filed within 2 years of the victim sustaining their injuries. The statute of limitations only determines how much time you have to bring a case and does not affect how long a case might take once it is filed. There is no set deadline by which cases must be resolved, so sometimes settlements take many months.
Call Today if You Have Been Injured in a Motorcycle Accident in Hammonton, NJ
You can contact motorcycle accident lawyer Jerry Friedman for a free case discussion by calling 1-800-529-4464 today.