Bikers are some of the most vulnerable people on New Jersey’s busy highways. A crash is 28 times more likely to be deadly for motorcyclists and five times as likely to cause an injury. In many cases, motorcyclists aim to drive as safely as possible but still fall victim to much larger vehicles on the road.
Over two-thirds of all motorcycle collisions in New Jersey take place when drivers of other, larger vehicles fail to notice the motorcycles around them. To make matters worse, motorcycle riders are often unfairly blamed for accidents they did not cause because of unfair stereotypes and preconceived notions held by drivers and law enforcement. After an accident, contact a lawyer who can help you sue for fair financial compensation.
Ask our motorcycle accident lawyer, Jerry Friedman, for a free legal review when you call 1-800-529-4464 today.
Proving Fault in Motorcycle Accidents in Marlton
Marlton is part of the wider South Jersey, which is full of busy highways and active motorcyclists. When other drivers fail to drive safely, they may cause a crash. If another driver hits you, one of the biggest hurdles to getting compensation will be proving fault.
The Direct Cause of the Accident
In many accident cases, the core cause of the crash will be somewhat obvious, especially to the people injured in the crash. If the other driver ran a stop sign or a red light, you will be able to point to those facts when you claim that they caused the accident. Similarly, if the other driver was texting while driving, was driving under the influence, or was speeding, you can also use those facts to help you prove fault.
Negligent Drivers
In a legal sense, most auto accident claims are based on a theory of “negligence,” which means that the at-fault driver owed the victim some legal duty that they breached, resulting in injuries.
The legal duty in most auto accidents is generally held to be driving with reasonable safety under the circumstances while obeying the traffic code. Traffic control devices, NJ traffic laws, and standard safe driving practices all help explain this duty. Your testimony and other evidence will help prove how the other driver breached that duty.
Suing for Injuries in a Motorcycle Crash in Marlton, NJ
Many people think that claims for injuries and vehicle repairs should be filed with insurance after a crash. In cases where injuries were minor, or there is only property damage, insurance might be enough. However, cases involving serious medical expenses, pain and suffering, and lost wages might result in greater compensation if filed as a lawsuit.
New Jersey’s No-Fault Insurance Laws
In New Jersey, drivers are required to carry no-fault insurance and may file first-party claims with their own no-fault coverage regardless of who caused the accident. However, these rules do not apply to motorcycles, and motorcycle riders typically may not file no-fault insurance claims. Riders usually must file third-party claims with the at-fault driver’s liability insurance or sue.
The thing about no-fault insurance in New Jersey is that drivers must elect a limited or unlimited right to sue. With a limited right to sue, drivers can sue for damages only if their injuries are serious enough, according to specific legal criteria. Since motorcycle riders are not covered by no-fault insurance, they are not restricted from suing.
Limits of Insurance
Insurance claims are typically limited in the damages they can pay. First, the terms of the insurance policy often leave out the ability to claim damages for pain and suffering. That means that you are automatically leaving a lot of money on the table by filing an insurance claim.
Second, insurance policies will also limit the percentage of damages payable for medical bills and lost wages. That could mean your damages will once again be limited.
Advantages of a Lawsuit
In a lawsuit, you can typically claim the full cost of expenses and economic damages you faced. You can also claim non-economic damages to cover your physical pain, mental and emotional suffering, and other damages not typically paid through insurance.
When you file a lawsuit, you should have a New Jersey motorcycle accident lawyer who can represent you and your best interests. Even your own insurance company might be more concerned with how much they must pay. In contrast, your attorney will work to maximize the damages you will be paid and fight to get you the best settlement or in-court award the law will allow.
Damages Available in Motorcycle Accident Cases in Marlton, NJ
Motorcycle accidents can be severe. Riders are not protected inside an enclosed vehicle, so they are more vulnerable to serious injuries, and they can often claim much greater damages.
Medical Bills
After accidents, motorcycle riders may be severely injured and in need of urgent and extensive medical care. Treatment is often expensive, and riders may quickly accrue enormous medical bills. The more treatment you need, the greater your damages should be.
Property Damage
Property damage, especially damage to your motorcycle, can be very expensive to repair. You might need to replace your motorcycle and any equipment or gear destroyed in the accident. This can represent many thousands of dollars and should be factored into your claims.
Lost Income
When recovering from serious injuries, you may need to take time away from work. If your injuries are severe, you might be out of work for a long time. The longer you cannot work, the more income you may miss out on. As such, our motorcycle accident lawyer should calculate the income you have lost and may continue to lose and claim it as part of your damages.
Pain and Suffering
Non-economic damages often involve painful experiences that cannot be established solely by financial costs. These damages are often referred to as “pain and suffering,” but they may encompass a wide range of physical, mental, and emotional distress.
Damages for pain and suffering can be extensive if catastrophic injuries are involved. Since motorcycle riders are more vulnerable to severe injuries than other drivers, it is normal for these damages to be quite significant.
What to Do After a Motorcycle Crash in Marlton, NJ
Following a motorcycle accident, you should get emergency help as soon as possible. Call 911 and request help immediately.
Immediate Medical Care
If you were injured in a crash, you should have already been taken for treatment at a hospital. This is the right move: the most important thing to do after a crash is to get to safety and get your injuries treated. If you had time to take pictures of the crash scene and obtain contact information for the other driver and witnesses, that would be an excellent start to your case.
Review Police Reports
In most cases, the police who respond to the crash will file a police report detailing who was involved and what happened, to the best of their knowledge. Getting a copy of the police report is an excellent step toward figuring out whom to sue and how to argue that they were at fault.
Gather Evidence from the Scene
You should try to obtain any red-light camera or security camera footage from the area where the crash occurred. Your lawyer can help you with this.
In the meantime, take as many photos of the accident scene as possible. If you can, record videos, too. These recordings may help you prove certain elements of your case, including fault for the accident. Once the authorities clear away the accident scene, these details may be lost forever.
Call a Lawyer
Ultimately, your next step will be to call a lawyer. After you call us, we can take care of the rest of the research. We will also ask you for any additional information we need, such as testimony about how the crash happened and how your injuries affected your life.
Do You Need a Lawyer When Filing an Insurance Claim After a Motorcycle Accident?
You are not required to have a lawyer when filing an insurance claim, but it may be in your best interest to hire one. The insurance claims process is not as straightforward as the insurance company would have you believe. A lawyer can review your claim before you submit it to make sure there are no errors and you get the maximum compensation possible under the policy.
Can You Sue for a Motorcycle Accident if You Are Uninsured?
No. New Jersey’s “no pay, no play” laws prevent drivers and motorcycle riders from suing for non-economic damages if they themselves are uninsured. However, it may be possible to seek economic damages through the at-fault driver’s liability insurance, but non-economic damages are off-limits.
How Soon After a Motorcycle Accident Should You Call a Lawyer?
Your time to sue for a motorcycle accident is limited, and you should contact a lawyer as soon as possible after an accident. In New Jersey, riders have only 2 years from the date of the accident to sue. If you do not file the case at this time, you may be barred from ever doing so.
Can You Sue for a Motorcycle Accident if You Are Partially at Fault?
Yes. New Jersey follows a modified comparative fault law. You may recover damages even if you are partially responsible for the accident, but your damages will be reduced according to your share of fault. If you are more than 50% responsible for the accident, you may be barred from recovery.
What if Multiple Other Drivers Are Involved in a Motorcycle Accident?
Multi-vehicle accidents are common, and more than one driver may be responsible. In that case, you can sue as many other drivers as necessary. There is no limit to the number of defendants we can include in your case. However, the case may be complex, as all the other drivers might be pointing the finger of blame at everyone else.
Call Our Marlton, NJ Motorcycle Accident and Injury Lawyer for a Free Case Consultation
Ask our motorcycle accident lawyer, Jerry Friedman, for a free legal review when you call 1-800-529-4464 today.