Marlboro, NJ Motorcycle Accident Lawyer
Riding a motorcycle carries more risks than driving a car, but that does not mean that people who ride motorcycles deserve any less safety or protection on the road. Other drivers on the road have a legal duty to drive safely and avoid causing any avoidable accidents with motorcycle riders or other drivers. If they do cause a crash, they could be held liable for the injuries it causes and be forced to pay for medical bills, lost wages, and other damages.
If you were hit while riding a motorcycle in Marlboro, NJ or anywhere else in NJ, call Jerry Friedman today. Jerry is a motorcycle accident lawyer representing victims of motorcycle injuries in NJ. Jerry fights for motorcycle riders and their families, and he has been for over 40 years. For a free case consultation, call 1-800-LAW-4-HOGS today.
Accident and Injury Lawsuits for Motorcycle Crashes in Marlboro, NJ
When you are injured in a motorcycle crash, you often have the right to seek compensation from the driver who caused the crash. Other drivers on the road owe you various legal duties, and any breach of one of these duties can be held against them. This often means turning to the courts and filing a lawsuit against the at-fault driver.
When a lawsuit is filed, the injured party (the “plaintiff”) files a “complaint” with the court. This document details the full story of their case, stating who was at fault, how the crash happened, and what damages the plaintiff needs because of the accident. To make out their case, the plaintiff must show that the at-fault driver (the “defendant”) breached some legal duty that led to the crash.
In many motorcycle accident lawsuits, the injuries are very severe. While auto insurance might be available as an alternative to a lawsuit, many insurance claims are decided by insurance companies that refuse to acknowledge fault, and payments fail to get the victim the full damages they need for their injuries. Instead, by filing a lawsuit, the plaintiff can present their case to a neutral judge and jury who can enforce any ruling against them instead of relying on the insurance company to pay them. These lawsuits can also pay full damages by including additional areas of compensation for pain and suffering and other damages the insurance company might not want to cover.
Proving Fault in a Motorcycle Accident Case in Marlboro, NJ
When you sue for injuries in a motorcycle crash, the court will need to see proof that the other driver was at fault before the judge can order the defendant to pay. The proof the plaintiff provides must meet the following elements:
First, the plaintiff must show that the defendant owed them a legal duty. Usually, traffic laws supply this duty: drivers cannot drive under the influence, speed, change lanes without signaling, or run red lights. Other duties the driver must follow could include standard safety practices behind the wheel – like driving with your eyes on the road and hands on the wheel.
Second, the motorcycle accident victim must show that the defendant driver breached one of these duties. If they have evidence that the other driver swerved into their lane, crashed into them while driving drunk, or committed some other violation, then they can prove they were at fault.
Third, the victim must show that the breach of duty actually caused the crash. The question of who caused the crash can be difficult in cases where multiple drivers were involved or when fault is not clear because everyone made mistakes. However, the court can assign partial blame to multiple drivers, and each can be held accountable for their fair share of harm. If the accident was caused by some natural event or freak accident instead of a person’s mistakes, then the case fails.
Lastly, the victim has to show that the crash caused them damages. This usually involved proving the injuries you faced were caused in the crash. Photos of fresh injuries and medical records noting the treatment are usually sufficient to show the physical injuries, but you can claim damages for more than just the physical harm of your injury case. You must also prove how much the damages are worth.
Damages in a Marlboro, NJ Motorcycle Injury Lawsuit
When you claim damages in a lawsuit for motorcycle injuries in Marlboro or anywhere else in New Jersey, you can usually claim compensation for any harms related to the crash. Obvious harms like physical injuries can be compensated, but so can the financial effects of injury, as can intangible things like the emotional distress of the injuries.
Injuries themselves result in pain and suffering as well as emotional distress, mental anguish, and other emotional harm. These damages can be compensated with money, but there are not usually clear values to assign to injuries and emotional distress. In many cases, your lawyer can compare your case with other cases and work to assign a fair value to claim for these damages.
Other harms are clearly defined by bills and records. Medical expenses and lost wages are claimed in many cases, which can help compensate the victim for the actual economic harm their injuries caused. Projected future costs for these damages can also be claimed in many cases.
Set Up a Free Legal Consultation with Our Marlboro Motorcycle Accident Lawyer
Marlboro motorcycle accident injury attorney Jerry Friedman represents victims of motorcycle accidents in Marlboro and throughout New Jersey. Jerry has over 40 years of experience helping injured motorcycle accident victims get compensation for their pain and suffering, medical bills, lost wages, and other damages. For help with your potential case, call us today at 1-800-LAW-4-HOGS to set up a free legal consultation.