People ride motorcycles for various reasons, such as feeling the wind and experiencing the open road, as an economical way to get to work, or simply as a convenient way to travel. Despite the best safety precautions, a motorcyclist could easily find themselves in an accident with another vehicle.
When another driver’s recklessness or carelessness causes a motorcycle accident, they should be held liable for any injuries or damages. Injured riders often have severe medical needs and encounter high costs of treatment. Additionally, they must cover the costs of motorcycle repairs and lost income if they are unable to work for a while. In short, you may have significant damages, and the negligent driver should be held accountable.
If you or a loved one was hurt while riding, contact our motorcycle accident lawyer, Jerry Friedman, immediately. Call 1-800-529-4464 for a free legal review.
What Are the Most Common Causes of Middletown, NJ Motorcycle Accidents?
While motorcycle accidents happen for many of the same reasons that any car or truck accident occurs, the size and lack of protection for the motorcyclists often make them significantly worse.
Distracted Drivers
A distracted driver making a left-hand turn could cause a fender bender with another car, but it could prove fatal if the oncoming vehicle is a motorcycle. Likewise, if a driver carelessly opens their door while parked, they could severely injure a motorcyclist whom they failed to notice.
Reckless Driving
Reckless driving, including excessive speeding and lane changing, presents an unreasonable danger to all motorists on the road. However, a motorcycle is much smaller than most other vehicles and could easily get lost in traffic. When a motorcyclist is struck by a speeding car, the injuries are often severe or deadly. Everything from driving drunk to texting and driving presents a more significant danger to motorcyclists.
Speeding
Speed is a common factor in many accident cases, but it can be especially dangerous for motorcycle riders. Since riders are not protected inside an enclosed vehicle, they are more susceptible to injury, even at lower speeds.
For example, a rear-end collision is often not a severe accident for drivers in cars. However, if a motorcycle rider is rear-ended, they could be thrown from their bike and badly hurt. As such, the negligent driver’s speed in our case should be scrutinized.
How Does Insurance Affect My Motorcycle Accident Case in Middletown, NJ?
Vehicle accidents often result in insurance claims, and many drivers find that their damages are completely covered, and there is no need for a lawsuit. However, New Jersey’s insurance laws apply somewhat differently to motorcycle riders.
No-Fault Insurance
New Jersey imposes no-fault insurance laws on all drivers, except for motorcycle riders. Under New Jersey law, drivers are required to carry personal injury protection (PIP) insurance that may cover them in an accident regardless of who is at fault.
To make matters more complicated, no-fault insurance laws apply only to drivers of cars, trucks, vans, and other typical vehicles. Motorcycles are not included, and riders may not carry no-fault coverage. As such, you may need to file a third-party claim with the at-fault driver’s insurance.
Liability Coverage
Since motorcycle riders are not covered by no-fault insurance, your first insurance option will likely be to file a third-party claim with the other driver’s liability coverage. Keep in mind that you will be required to present evidence of the other driver’s fault for the accident before your claim can be approved.
This is often more difficult than no-fault claims because of the need for evidence of fault. Not only does the insurance company have to review your evidence, which can be time-consuming, but the other driver might not be forthcoming with their insurance information. Your attorney can help you request this information in that situation.
Uninsured or Underinsured Defendants
Sometimes, negligent drivers do not have insurance, and motorcycle riders cannot file third-party claims with anyone’s liability coverage. Still, in other cases, the negligent driver might be insured, but their policy limit is too low to cover all of the injured motorcycle rider’s damages.
In such cases, you may turn to your uninsured or underinsured motorist coverage. However, this coverage is not required, and not all motorcycle riders have it. If your damages remain uncovered, you should talk to an attorney about filing a lawsuit.
How to Prove Negligence and Fault in a Middletown Motorcycle Accident Lawsuit
Motorcycles bring a different set of challenges when establishing that another driver’s negligence caused an accident. The size of a motorcycle, the inherent danger in operating one, and the bias that motorcyclists are reckless all contribute to the difficulties in a personal injury lawsuit.
To hold another driver responsible for your injuries, our office will have to demonstrate four elements: a duty of care, a breach of that duty, causation, and actual damages.
Duty of Care
Every motorist on the roads and highways of Middletown owes every other driver and pedestrian a duty to operate their vehicle safely. This includes adhering to traffic rules and regulations and ensuring they are physically and mentally focused on driving. It is typically not difficult to show that a motorist owed an accident victim a duty of care.
Breach of Duty
Proving a breach requires showing that the driver’s conduct deviated from what a prudent driver would do under the same circumstances.
In some cases, a breach of duty is almost self-evident. For example, if a driver was operating their vehicle while drunk or at an excessive speed, they have breached the duty they owe to other motorists.
In different situations, it becomes a question of interpreting the facts. For instance, it could be challenging to determine whether a motorist changed lanes without adequately checking their mirrors and the surrounding traffic.
When a motorcycle, which is hard to see, is struck by a car changing lanes, our office wants to demonstrate that the driver failed to take reasonable precautions before executing their maneuver.
Causation
Not every breach of duty results in a personal injury lawsuit. The breach must have directly caused your injury. In many cases, the link between the negligent conduct and the accident is straightforward, such as a drunk driver ignoring a red light and striking a motorcycle.
However, in other situations involving multiple vehicles, determining what happened is more complicated. We may need multiple pieces of evidence to show how the defendant’s negligence is the direct cause of the accident.
Damages
Finally, the victim of a motorcycle accident must suffer actual damages. If you were injured, missed time at work, or your motorcycle was damaged, you sustained a quantifiable injury.
You cannot sue for injuries that almost happened. The accident could have been worse, even catastrophic, if things had been even slightly different, but you cannot sue for close calls or near misses.
Available Damages for a Middletown Motorcycle Accident Victim
If you were injured in a motorcycle accident, you suffered damages and could be facing years of intensive medical treatment and lost wages. Through a personal injury lawsuit, you could seek compensation for your medical expenses, lost income, and your pain and suffering.
Medical Expenses
A victim in a motorcycle accident is entitled to recover economic damages, including their medical expenses and lost wages. Medical expenses include any treatment that was necessary after the accident and the cost of any required treatment or physical therapy in the future. If an injury is severe, a victim could need in-home medical care or equipment.
Lost Income and Wages
If your rehabilitation takes a long time, you could also lose a significant amount of income. When an injury is disabling, such as paralysis, your ability to earn a living is limited. Our office will work with your employer and other financial experts to determine the amount of income you lost and the income you would have earned if you were not injured.
Physical and Mental Pain and Suffering
In addition to your financial losses, you are permitted to be compensated for your pain and suffering. Non-economic damages often account for a large percentage of a settlement or jury award. If you suffer from anxiety, nightmares, headaches, or are unable to participate in those activities you love, such as riding, you should be appropriately compensated.
FAQs About Motorcycle Accident Lawsuits in Middletown, NJ
How Do Motorcycle Accidents Usually Happen?
Many motorcycle accidents are the result of negligent drivers in cars rather than motorcycle riders. Drivers in cars may be distracted, speeding, or they simply choose to ignore motorcycle riders on the road. We may need to wait for the authorities to complete their investigation before we fully understand how your accident occurred.
Who Can I Sue for a Motorcycle Accident in Middletown, NJ?
You can sue the driver responsible for the accident, usually another driver in a car. In many accidents, the identity of the responsible driver is obvious from the beginning. However, some drivers might flee the scene. Still, other accidents may involve multiple drivers, and you may need help from a lawyer to determine who is responsible.
How Do I Start a Lawsuit for a Motorcycle Accident?
You may begin a lawsuit by contacting a lawyer for help. They should explain all your legal options, including the possibility of a lawsuit, and advise you on how to proceed. A lawsuit begins with a formal complaint filed in civil court. The complaint must contain very specific and lengthy details about the accident, your damages, and evidence of the defendant’s negligence.
What Damages Should I Claim in a Motorcycle Accident Lawsuit?
You should claim damages that include your medical costs, motorcycle repair costs, lost wages, and any other economic costs associated with the accident. You should also claim damages for non-economic injuries such as pain, suffering, and distress.
How Long After a Motorcycle Accident Should I File a Lawsuit in Middletown, NJ?
An injury lawsuit for a motorcycle accident must be filed no later than 2 years after the accident occurs. If a plaintiff does not file their lawsuit within this limitation period, they may be barred from doing so, unless a special condition allows them to extend the deadline.
What Should I Do if the Other Drivers Flees the Scene of a Motorcycle Accident?
If the other driver flees the scene, call 911 and report the accident as a hit and run immediately. The police may be quickly dispatched to locate the other driver and bring them to justice. You may need to provide a description of the other driver’s vehicle and any other information that can be used to find them. Once the other driver is found, you can sue them, but your lawsuit may have to wait until potential criminal hearings are completed.
Call Our Middletown, NJ Motorcycle Accident Lawyer for a Free Consultation
If you or a loved one was hurt while riding, contact our motorcycle accident lawyer, Jerry Friedman, immediately. Call 1-800-529-4464 for a free legal review.