Linwood, NJ Motorcycle Accident Lawyer
Motorcycle accidents can cause debilitating injuries and change the lives of victims forever. If you or a loved one was hurt in a motorcycle accident in Linwood, contact Jerry Friedman who can take your case to court and fight to get you compensation for your medical bills, lost wages, and pain and suffering.
Motorcycle accidents might be caused by any act of negligence, such as making illegal turns, speeding, running stoplights, or drunk driving. Motorcycle riders should be especially careful when operating their vehicles in Linwood and nearby areas because of its proximity to Atlantic City, which is a popular tourist destination. Following your accident, start collecting evidence by reporting your injuries to the police and getting the necessary medical care. You will only have a short period of time to prepare your claim as the statute of limitations for motorcycle injury cases in Linwood is two years. After filing, you will have to prove the defendant’s fault for your injuries, which you can accomplish through evidence, such as medical records, surveillance footage, and eyewitness statements.
For a free case review from Linwood, NJ motorcycle accident attorney Jerry Friedman, call 1-800-529-4464 now.
Causes of Motorcycle Accidents in Linwood, NJ
Motorcycle accidents can be caused by many different factors. Although the same conditions are likely to cause auto or truck accidents, the situation is inherently more dangerous if you are riding a motorcycle because you do not have the protection of a vehicle around you. This means you are more likely to be injured or even killed should an accident occur in Linwood.
Common factors that contribute to motorcycle injury accidents or traffic fatalities in Linwood include lane splitting, which is illegal in New Jersey, drivers making left turns, road work hazards, such as abrupt lane closures, speeding, distracted drivers who do not watch for motorcyclists, drunk driving, and other traffic violations.
Linwood is just around the corner from Atlantic City, meaning tourists looking to hit the casinos might travel through the area at high volumes. With this comes the risk of people who are unfamiliar with the roads near and around Linwood, which can increase the likelihood of any motor vehicle accident, including motorcycle accidents. Route 9, which runs from Atlantic City through Linwood, is a common location for motorcycle accidents in the area.
Furthermore, because of its proximity to Atlantic City, Linwood may see more drunk driving accidents involving passenger cars and motorcycles that result in serious, life-altering injuries.
Types of Motorcycle Accident Injuries in Linwood, NJ
Victims injured in motorcycle accidents in Linwood might sustain various injuries, from broken bones to traumatic brain injuries. Such injuries can change the course of victims’ lives and entitle them to compensatory damages.
Motorcycles present an inherent danger to riders. These vehicles do not have seat belts to restrain bikers or airbags to lessen the blow of an impact. Because of this, motorcyclists might be more likely to be flung from their bikes during collisions with other vehicles.
Regarding other injuries, like head injuries, victims can protect themselves by wearing helmets. In fact, they must. According to N.J.S.A. § 39:3-76.7(a), all motorcyclists must wear DOT-approved helmets at all times. Failure to wear a helmet might increase your chances of sustaining a life-ending traumatic brain injury in Linwood. Furthermore, suppose you did not have a helmet at the time of your accident and sustained a head injury. In that case, it might be determined that you contributed to your injuries, reducing your total damages recovered.
Other injuries, like fractures, lacerations, and broken bones, are also common in motorcycle accidents in Linwood. All injuries, no matter how minor, should be assessed by medical professionals and thoroughly documented.
Collecting Evidence for Your Linwood, NJ Motorcycle Accident Claim
After you are hurt in a motorcycle crash in Linwood, you should begin collecting evidence of the other party’s negligence. In doing so, you can start building your case and increase your chances of recovery.
Begin by informing law enforcement of the accident. According to N.J.S.A. § 39:4-130, all motor vehicle accidents that cause death, injury, or more than $500 in property damage, including motorcycle accidents, need to be reported to the police. After you call 911, officers from the Linwood Police Department should arrive and begin filling out an incident report. To help officers at this time, tell them how the crash occurred and how the other party acted negligently. Also, give them your name and any other personal information they might request.
While still at the accident site, take pictures of your injuries and property damage to your motorcycle. Videos of the entire scene can also be helpful.
Go directly from the location of the accident to the hospital. This is crucial so that you can start a record of your injuries and get the necessary medical treatment. Continue getting care as needed, for as long as it takes. The cost of your medical treatment should be compensated in your claim.
Our motorcycle accident attorney will also collect evidence by reviewing security camera footage, speaking with eyewitnesses, and obtaining any relevant images from red-light cameras near the accident scene. Depending on the case, we might also enlist help from expert witnesses to support your claim in Linwood.
Statute of Limitations for Motorcycle Accident Lawsuits in Linwood, NJ
Whether you are a resident of Linwood or were just passing through on your way to the Jersey Shore when hurt in a motorcycle crash, it will be important for you to understand the statute of limitations for your case.
According to N.J.S.A. § 2A:14-2(a), the deadline for motorcycle accident claims is two years from the date of the incident. Tolling for delayed discovery rarely applies to these types of cases, as injuries sustained in motorcycle accidents tend to be obvious.
If you do not live in Linwood, or the State of New Jersey for that matter, familiarizing yourself with the statute of limitations for the jurisdiction of your crash will be crucial to the success of your case. If you miss the deadline to sue, you will be unable to bring a claim or recover compensatory damages.
Furthermore, waiting to bring your case until the last possible moment may not bode well for you. In general, it is best to file injury claims immediately after the injuries occur so that evidence is more readily available and it is easier to prove causation.
Suing for Motorcycle Accident Injuries in Linwood, NJ
If you were hurt in a motorcycle accident in Linwood, you may be able to file an injury lawsuit to seek compensation for the damages you suffered. In a lawsuit against an at-fault driver, the court will need to see four elements of your case met to award you damages.
The first element that must be present is that the other driver owed you a duty, such as the duty to follow traffic laws and drive reasonably. You will also need to establish that the other driver breached that duty by violating traffic laws or making dangerous decisions on the road, and that the driver’s breach of duty caused your accident and injuries. Finally, you will have to show that your injuries involve damages the court can compensate you for.
Usually, when drivers are following traffic laws and doing what they are supposed to do, accidents do not happen. It is only when someone makes a dangerous decision on the road or violates traffic laws that accidents take place. If the other driver was speeding, ran a stoplight, or was driving under the influence, you can typically use those facts to help prove they were at fault. Similarly, if they did something dangerous like fail to keep an eye out for motorcycles, they could be held liable if those mistakes were unreasonable.
When you take your case to court, we will gather evidence of what happened by talking to witnesses and requesting evidence and photos. If your case goes to trial, we can present this evidence to the judge and jury to help show them how the accident happened and prove that the other driver was at fault. If we are successful in proving that it is more than likely that your claim is true, the jury will award damages to you.
Should I Settle My Motorcycle Accident Claim or Go to Trial in Linwood, NJ?
Many motorcycle accident cases do not go to trial. In most successful injury cases, the parties and their insurance companies are able to negotiate a settlement where the at-fault party can pay the victim for their damages instead of taking the time and expense to fight the case at trial. This often helps motorcycle accident victims get the compensation they need earlier, but it can be risky to take a settlement offer without talking to a lawyer.
Any settlement offers you accept will typically stop the case and prevent you from later changing your mind and going back to court to seek additional damages. This means that you should fully analyze your case and calculate the damages you are entitled to before accepting a settlement offer since you cannot add additional damages later. This also means that you should speak with motorcycle accident attorney Jerry Friedman and get a fair estimate of what your case is worth before accepting any offer.
Many insurance companies and at-fault parties will try to settle a case for a low value to save them money. This could mean they will undervalue your damages, offer to pay only a percentage of what you deserve, or leave off certain categories of damages. A jury could be able to award you the full value of your medical bills, lost wages, and pain and suffering in damages, and a settlement offer might be too low to cover your needs. The time and expense of trial could be saved by taking a lower settlement now, but it is important to carefully review any offers to help you understand whether or not they are fair.
In the end, whether to settle your motorcycle accident case or accept an insurance payout instead of going to trial is your choice. We can help you make an informed decision along the way and protect your best interests from insurance companies who might try to manipulate you into accepting a low-ball settlement for your motorcycle accident injuries in Linwood.
Call Our Linwood, NJ Motorcycle Accident and Injury Attorney Today
Call 1-800-529-4464 now for a free case assessment from motorcycle accident attorney Jerry Friedman.