Riding your motorcycle can be freeing, exhilarating, and exciting. However, it is also somewhat dangerous, thanks in no small part to other negligent drivers on the road. Even when motorcycle riders take all necessary precautions, someone in a car might crash into them.
After a motorcycle accident, you should immediately call for help, including medical responders and the police. Exchange information with the other driver so our legal team can assist you in filing an insurance claim and, if necessary, a lawsuit. You may be able to fully cover your damages through insurance. If not, a lawsuit can help you recover costs that insurance does not cover. Damages may be substantial and include medical costs, property damage, lost income, and pain and distress.
Speak to our motorcycle accident lawyer by calling Jerry Friedman at 1-800-529-4464 and get a private, free case review.
What Should I Do Following a Motorcycle Accident in Newark?
After a motorcycle accident, you must get emergency help. Call 911, report the accident, and request that police and medical responders be dispatched to your location immediately.
Call for Help
Call for help immediately. If you have a cell phone, use it to call 911. If you do not have a phone or are too injured to call for help, someone else at the scene should call on your behalf. Even if you do not think your injuries are serious enough to warrant an ambulance ride, call 911 anyway. Motorcycle crashes can be severe, and you might have internal injuries that need immediate attention.
Exchange Information
While waiting for help to arrive, speak to the other driver. You should also speak to any other drivers and passengers who might have stopped to help. Not only do you need the at-fault driver’s information to file an insurance claim or lawsuit, but you may also need details about other drivers who can testify as witnesses.
If you are badly hurt and cannot exchange information, do not worry. Stray put and wait for help. Once you get medical care, our legal team can contact the police and ask about other drivers at the scene they may have spoken to.
Contact an Attorney
When you have gotten medical care and are feeling better, contact a lawyer for legal help. If you are still badly hurt and recovering, a friend or family member can call our legal team on your behalf. The sooner your attorney can start reviewing your accident and gathering evidence, the stronger your claims may be, and the more likely it is that you will get the compensation you need.
How Do I Get Compensation After a Motorcycle Accident?
You might have multiple options for getting fair compensation. You might explore one or several legal avenues with the help of a qualified attorney.
Insurance Claims
New Jersey is unique in that it has no-fault insurance laws that drivers may opt into or out of when they purchase insurance. More specifically, New Jersey allows drivers to purchase auto insurance with a limited or unlimited right to sue.
However, no-fault insurance laws do not apply to motorcycles in New Jersey. As such, you are not restricted from suing and may do so without having to meet any further legal requirements. If insurance does not adequately cover your damages, an attorney can help you file a lawsuit.
Settlements
Lawsuits are not always necessary if the at-fault driver is willing to work out a private agreement to pay for your costs and damages. Private settlements are common, and most civil claims end in a settlement rather than a courtroom battle. A skilled lawyer should be able to leverage your evidence in negotiations to get a good settlement that adequately covers your damages.
Lawsuits
Although many people would rather avoid a lawsuit, it may be the best way to recover damages, especially if a favorable settlement is not in the cards. In a lawsuit, you may claim damages that exceed insurance policy limits or are excluded by insurance policies. For example, insurance often does not cover non-economic damages for pain and suffering, but you may claim these damages and more in a lawsuit.
How Do I Prepare a Motorcycle Accident Lawsuit in Newark?
Preparing a lawsuit is far from easy. It can be a time-consuming and frustrating process, and you should hire a lawyer to help you as soon as possible.
Get Legal Help
Your first step is to seek out legal help. Filing a lawsuit is not easy, and you should not attempt to handle your case alone. Our legal team can help you evaluate your damages and legal options and start preparing your case. Lawsuits are built on paperwork, documentation, and complex legal procedures. A qualified lawyer can help you get started while you focus on recovering.
Draft a Formal Complaint
A lawsuit starts with a formal legal complaint. The complaint is a lengthy, detailed document that spells out your claims. If any information is missing or lacking, the complaint might be rejected for insufficient pleadings. It is crucial that our motorcycle accident lawyer draft the complaint carefully and get it right the first time.
We must include details of how the accident occurred, why we believe the defendant is responsible for your damages, and the evidence supporting our position.
File the Complaint and Serve Notice
When the complaint is ready, we must file it in the correct civil court. Not all civil courts are the same, and we must file in the court that has jurisdiction over your case. This is often based on the case’s subject matter and the accident’s geographic location. Your attorney should be able to determine which court to file in.
Once we file the case, we are responsible for serving notice on the defendant. Notice must be delivered as quickly as possible according to very specific rules and procedures. If notice is not served, or it is served in the wrong way, the entire case could be in jeopardy.
What Damages Are Available in a Motorcycle Accident Case in Newark?
Damages vary widely from case to case. Your damages will be specific to your accident and injuries, and your lawyer will help you determine the extent and value of your damages.
Medical Costs
Your medical bills may be more than you can afford. This is common, as medical care is notoriously expensive. Even minor injuries from a motorcycle accident can be expensive to treat. In serious cases, injured victims may need long-term care.
Property Damage
You can also claim damages for the property you lost in the accident, namely your motorcycle. Your motorcycle may require costly repairs or a complete replacement. You can also claim damages for the expensive gear that was damaged in the accident, like clothing, helmets, and protective gear.
Lost Wages
Your injuries may be serious enough to prevent you from returning to your job for a while. Some injured victims need to take several weeks or even months off from work to rest and recover. Others might take an indefinite leave of absence or must quit their jobs entirely. You can claim damages for the income you lose because of the accident. We can also include future lost wages if you do not expect to return to work for the foreseeable future.
Distress, Pain, and Suffering
Your damages may go beyond dollars and cents. Many injured victims experience great emotional and psychological distress in addition to intense physical pain from their injuries. While these damages cannot be fully proven or measured by cost alone, they still deserve fair compensation. Talk to your attorney about how you can prove these damages and what they might be worth, as they tend to be unique for each plaintiff and somewhat subjective.
How Long Do I Have to File a Lawsuit for a Newark Motorcycle Accident?
Time is of the essence when it comes to filing a lawsuit, and it is in your best interest to seek help from a lawyer sooner rather than later.
Statute of Limitations
We must file your case within the time set by the statute of limitations. In New Jersey, personal injury cases must be filed no later than 2 years after the injuries first occurred. This means we have only 2 years from the date of the motorcycle accident to file your case in court.
Tolling Options
If time is running short, it might be possible to extend the deadline by having the statute of limitations tolled. Keep in mind that this is not possible for everyone and may only be done under very special circumstances.
One possible reason for tolling in a motorcycle accident case is if the defendant leaves the state. The at-fault driver might not be from New Jersey, or they might flee the scene and hide from us and law enforcement. If this happens, the limitation period may be tolled or paused until we can locate the defendant. However, we must show the court that we are doing our due diligence to find them.
FAQs About Motorcycle Accident Cases in Newark
What Do I Do After a Motorcycle Accident in Newark
Following a crash on your motorcycle, call for emergency help right away. If you cannot make the call yourself, someone else at the scene should call. While waiting for assistance, exchange information with other drivers and, if possible, photograph the scene.
Should I File an Insurance Claim After a Motorcycle Accident?
Yes. Insurance is required for all drivers in New Jersey, and you may file a claim right away after the accident. Keep in mind that New Jersey’s no-fault insurance requirements do not apply to motorcycles. As such, you will likely file a third-party claim against the at-fault driver’s liability coverage.
How Do I File an Insurance Claim for a Newark Motorcycle Crash?
To file an insurance claim, you need the other driver’s information. They are required to provide this information at the accident scene or shortly after. If they refuse, tell the police and your lawyer. Once we have their information and details about their insurance provider, we can contact the provider to file a claim.
Can I Sue the Other Driver in a Motorcycle Accident?
Yes. While New Jersey’s no-fault insurance laws may restrict drivers from suing if they purchase auto insurance with a limited right to sue, these rules do not cover motorcycles. As such, you are free to sue without having to satisfy additional legal requirements or criteria.
What Are My Damages Worth in a Motorcycle Lawsuit?
Your damages may be worth substantial compensation, depending on the severity of your injuries and the extent of your economic losses. Generally, the more serious an accident is and the more severe a rider’s injuries are, the greater their damages should be.
When Should I Begin a Motorcycle Accident Lawsuit in Newark?
You should contact a lawyer to start preparing your case as soon as possible. The longer you wait, the more evidence might disappear. Witnesses might relocate, and it might be harder to prove your claims.
Do I Need an Attorney for a Motorcycle Accident Lawsuit?
You are not legally required to hire a lawyer, but doing so will greatly help your case. The legal process, whether you file an insurance claim or a lawsuit, is complex. You might find yourself unprepared to handle your case alone. Your lawyer can handle your case while you recover from the accident.
How Long Does a Motorcycle Accident Lawsuit Usually Take?
Some lawsuits can take a few months to complete. Others might be more complex or hotly disputed, and they can take a year or more to finish. Lawsuits are not known for being short, so you should talk to your lawyer about how to prepare for a longer case if necessary.
Do I Have to Go to Trial in a Motorcycle Accident Case?
Not necessarily. Many plaintiffs accept private settlement offers from defendants, thereby making trial unnecessary. An attorney can help you negotiate a good settlement that covers your most important damages.
How Do I Prove My Claims in a Motorcycle Accident Case?
To prove your claims, we need strong evidence and effective legal strategies. Strong cases may be built on minimal evidence with the right legal strategy. Even so, having as much evidence as possible is ideal, and your attorney can help develop a legal strategy tailor-made for your specific case.
Speak to Our Newark Motorcycle Accident Lawyer About Your Case Today
Speak to our motorcycle accident lawyer by calling Jerry Friedman at 1-800-529-4464 and get a private, free case review.