Motorcycle riders are often unfairly perceived as risky drivers, and they may be unfairly blamed for an accident. If you are hurt in a crash, an attorney can help you prove that the other driver is responsible and get you fair compensation.
Contrary to popular belief, motorcycle riders do not cause most accidents. Instead, inattentive drivers in cars usually cause accidents, and they should be held responsible. Motorcycle riders are especially vulnerable to injuries in an accident. Even a relatively minor collision could spell disaster for a rider. Do not allow yourself to be unfairly blamed. Get a lawyer who can help you get compensation and justice.
Receive a private legal evaluation for free by calling our motorcycle accident lawyer Jerry Friedman at 1-800-529-4464.
Who is Responsible for a Motorcycle Accident?
Motorcycle riders tend to face unfair blame for accidents, but the truth is that other drivers are more often at fault.
Drivers in Cars
More often than not, drivers in cars are responsible for motorcycle accidents, not the motorcycle riders. In many cases, drivers fail to notice motorcycle riders even when they are right in front of them. Drivers tend to only consider other cars and similar vehicles, not motorcycles.
Multi-Vehicle Accidents
Unfortunately, motorcycle riders may be severely injured in multi-vehicle accidents. In many such cases, drivers in cars get into accidents with other drivers, and motorcycle riders are unfortunately caught in the middle. It can be very difficult for a motorcycle rider to avoid a negligent driver, and even harder to avoid multiple drivers in an accident.
Governmental Entities
Poor road conditions are a common cause of accidents, and they can be particularly dangerous for motorcycle riders. If a car hits a pothole, the driver will probably be okay. If a motorcycle rider hits a pothole, they could be thrown from the bike and badly injured.
State and local governments are often responsible for maintaining public roads, and they may be held responsible when they fail to keep the roads safe. Suing governmental entities can be challenging, and you should contact a lawyer immediately if your case involves a governmental entity as a defendant.
How Do You Prove Fault for a Lodi Motorcycle Accident?
Gathering evidence is rarely easy. While some evidence may be obvious from the start, we may need to conduct our own investigation to find the proof we need.
Witnesses
Numerous other people often witness motorcycle accidents that occur on business roads or during peak traffic hours. If possible, get names and contact details from others at the accident scene while you wait for help to arrive. The more witnesses who can back you up in court, the better.
Video Evidence
Video footage of a motorcycle accident can provide proof of the other driver’s negligence, and videos can be very hard to dispute, making them strong evidence. Did you record any videos with your cell phone? Did you or another driver have a dashcam? Did a nearby home or business have a private security camera that caught the accident on video?
If video evidence exists, our motorcycle accident lawyer can find it quickly before it is erased or deleted.
Photographs
After an accident, drivers often take photos to send to insurance companies. These photos can also be admitted as evidence in a lawsuit. The police may clear away the accident scene quickly, and your photos might be all that is left of the scene. As such, your photos may preserve valuable details we need to prove your claims.
Can You File an Auto Insurance Claim for a Motorcycle Accident?
Insurance is available for motorcycle riders, but it works differently than it does for drivers of standard cars.
Your No-Fault Insurance
New Jersey requires all drivers to have no-fault insurance, or personal injury protection (PIP) insurance. Drivers file claims with their own coverage, and there is no need to prove fault for the accident. However, New Jersey’s no-fault insurance laws explicitly exclude motorcycles from no-fault coverage.
The At-Fault Driver’s Insurance
Since motorcycle riders cannot take advantage of no-fault insurance, the primary method of getting coverage after a motorcycle accident in New Jersey is third-party claims with the at-fault driver’s liability coverage.
Make sure you exchange information with the at-fault driver at the accident scene so that you have their information to file a claim. If you were unable to obtain this information for any reason, your lawyer can help you.
Your Right to Sue
Another significant aspect of no-fault insurance in New Jersey is that drivers must elect an unlimited or limited right to sue. With a limited right to sue, injured drivers may sue only if they can prove they have a serious enough injury. Since motorcycles are not included in no-fault insurance, you are not bound by these restrictions and can sue without needing to meet a legal threshold first.
What to Do if the Other Driver Accuses You of Causing a Motorcycle Accident
The other driver may argue that you caused the accident, but this should not stop you from bringing a lawsuit. If a motorcycle rider is partially responsible for an accident, they may still recover damages, but their damages award may be reduced in proportion to their share of fault. However, if you are deemed more than 50% responsible, you may not recover anything.
What Damages Should You Claim in a Motorcycle Accident Case?
Injured victims in motorcycle accident lawsuits may claim various damages, which commonly include…
- Medical expenses
- Damaged property (i.e., your motorcycle)
- Lost income if you cannot work due to injuries
- Pain and suffering
Should You Call the Police After a Motorcycle Accident?
Yes. You might be unfairly blamed for the accident. A formal police investigation may help us find evidence to prove that you are not at fault.
When Should a Motorcycle Accident Victim Call a Lawyer for Help?
In New Jersey, the statute of limitations for personal injury claims, such as motorcycle accident claims, must be filed in court no later than 2 years after the accident. It can take a long time to prepare a case to be filed, and you should call a lawyer for help as soon as possible after the accident.
Ask Our Motorcycle Accident Attorney in Lodi for Legal Help
Receive a private legal evaluation for free by calling our motorcycle accident lawyer Jerry Friedman at 1-800-529-4464.
