Newark Motorcycle Accident Lawyer
Motorcycle riders might understand many of the risks they face when they take their bike out on the road, but understanding those risks does not make things any better if you get in a motorcycle accident. If you were involved in a motorcycle accident and suffered serious injuries, you may have substantial medical expenses, lost wages, and pain and suffering that need compensation.
Jerry Friedman is a Newark motorcycle accident lawyer that represents injured motorcyclists and their families in lawsuits for injuries and wrongful death in motorcycle accident cases throughout New Jersey. If you or a loved one was injured in a crash, our lawyer could help you file an insurance claim or a lawsuit to fight to get compensation for the injuries and damages you faced.
Call motorcycle accident attorney Jerry Friedman today at 1-800-529-4464 for a free case review.
What to Do After Being Involved in a Newark Motorcycle Accident
Being involved in a motorcycle accident can have a devastating impact on your life in Newark. Thus, it is crucial to take the necessary steps to protect your rights if you have been injured in such an accident. After protecting your rights at the scene, contact Jerry to start your case off right. By following the recommended measures below, the process of recovering compensation can be much more straightforward:
Call the Police
If you experience a motorcycle crash in Newark, the initial step to take is to contact the police. When the police officer arrives at the site, they will record the incident and assist you with other necessary actions, such as exchanging information with the other driver or taking photographs of the damage. Additionally, if the other driver is found to have violated traffic laws during the crash, the police will issue a citation.
Exchange Information
In the event of an accident, it is important to gather information from the driver who caused the incident, as well as any witnesses, passengers, or other drivers involved. Make sure to jot down their names, addresses, and phone numbers. Additionally, do not forget to obtain the insurance information of the driver at fault. If the other driver is uncooperative and refuses to exchange information, rest assured that the police can step in and obtain the necessary details.
Take Photos
When dealing with the aftermath of a motorcycle accident, it is important to gather as much information as possible. Aside from exchanging information with the other parties involved, taking photos of the damage caused by the crash, including your helmet, if possible, can be incredibly helpful. Utilize your smartphone to snap pictures of various elements related to the accident scene, such as skid marks, broken glass, debris, and any visible damage from the impact, like broken taillights and headlights. It is also crucial to get photos of the location of the vehicles after the crash. These photos can come in handy when it is time to file a lawsuit.
Remember to also take photos of your injuries immediately after they occur. This will allow you to compare them with the state of your injuries later on in the litigation process after receiving medical treatment. Additionally, it is important to write down everything you remember about the accident before the details become hazy.
Seek Medical Care
After your motorcycle accident, seeking medical assistance should be a priority as the injuries sustained might be severe. The longer you wait, the worse the situation can get. Head injuries, in particular, require immediate attention from a doctor to prevent permanent damage. Delaying treatment may make it harder for your lawyer to prove the extent of your injuries and losses.
Contact an Attorney
To secure your rights and obtain the compensation you deserve, reach out to our firm promptly. Our team will help facilitate the proper payout of insurance benefits by the responsible party’s insurer or file a lawsuit if necessary. Additionally, we can gather witness testimony and evidence to strengthen your case.
Proving Fault After a Newark Motorcycle Accident
If you were riding a motorcycle when you were involved in an auto accident, there is nothing about riding a motorcycle that automatically makes you at fault in any way. Many other drivers like to blame motorcyclists for crashes by claiming that they came out of nowhere or that they should have been in a car where there is more protection. A motorcyclist has the same rights and duties on the road as the driver of any other vehicle, so these arguments are not really valid. Similarly, the law in New Jersey only requires helmets; the fact that you did not wear other pads or full body armor on your bike should not be used against you in court because it is not a very reasonable request.
Instead, the question of who is at fault for a motorcycle accident should be handled the same way as the question of who is at fault in a car accident or a truck accident. This means that the insurance company or the judge and jury should look at which drivers followed the law and who made mistakes or errors in judgment that led to the crash.
In most motorcycle accidents where the other driver is at fault, the driver who caused the accident is responsible because they failed to keep a proper lookout for motorcycles, failed to yield to a motorcycle, they were driving under the influence, or they committed some other traffic violation. These traffic violations and obvious errors behind the wheel can help you hold these drivers responsible after a serious crash.
Suing for Damages in a Motorcycle Accident in Newark, NJ
After a crash, you might have some options to seek compensation for your injuries. First, you can file a claim with the insurance companies involved. If you have first-party insurance coverage, this may cover some injuries and damages in the crash, but deductibles and policy limits might mean that only a fraction of the damages are covered. If you file a third-party claim against the at-fault driver’s insurance, they may refuse to pay or acknowledge their driver’s fault, and even if they do pay, damages for pain and suffering might not be covered.
The alternative is often to file your case in court. A lawsuit against the at-fault driver can unlock access to additional damages such as pain and suffering, and a jury verdict for damages for medical expenses and lost wages can cover these damages at their full cost instead of forcing you to accept discounted damages from an insurance claim.
To get these damages, you must prove that the other driver was indeed at fault. This means proving that they violated some duty they owed you and that that breach of duty caused your injuries and damages. You must also prove the damages you suffered by producing medical bills, pay stubs, financial statements, and testimony about the damages and injuries you faced.
In cases involving the death of a loved one, the damages you claim can include additional economic and noneconomic harm you and your family suffer because of the loss. This can include suing for the cost of burial and funeral expenses, ongoing lost wages the deceased can no longer earn, damages for lost companionship and spousal benefits, and other costs and expenses.
It is vital not to accept a settlement or an insurance payout for a motorcycle accident until you talk to a lawyer. Many insurance payouts are too low to cover your needs, and settlement offers may be too low to cover your needs. It is vital to have an attorney help you understand what your case is worth so that you can judge whether a settlement is fair or whether it would be better to fight your case in court. Jerry Friedman can help advise you on these difficult legal decisions.
How Does a Lawsuit for Motorcycle Injuries Work in NJ?
A lawsuit for motorcycle accident injuries is a civil lawsuit filed against the at-fault driver and other responsible parties. Your lawyer can help you file the case in court by preparing a “complaint,” which lays out the basic details of the accident and explains why you are claiming that the other driver was at fault. From there, the other side will have a chance to challenge these assertions, and eventually, the case will move to “discovery.” At this point, both sides turn over evidence and interview witnesses in recorded depositions to get all the information related to the accident.
Many cases settle at this point since both sides now know what they are facing. If the case does not settle, it may move on to trial, where both sides will present evidence and witnesses, and the jury will decide who was at fault and how much money the victim is owed.
Parties that Can Be Held Liable for Motorcycle Accident Injuries in Newark
The complexity of a motorcycle accident lawsuit depends on who injured you and whether they are the only party responsible for your injuries. In some cases, multiple parties might have acted negligently, leading to your accident. You might not even be injured by another driver but by the negligence of your motorcycle’s manufacturer or a local Newark government entity.
The Driver Who Hit You
It is common for the driver of the other vehicle to be held responsible for causing injuries in motorcycle accidents that occur in Newark. Oftentimes, drivers fail to notice motorcycles, and a moment of distraction or carelessness can result in a collision.
Multiple Drivers
In cases where a motorcycle accident involves multiple drivers, each driver can be held accountable for their portion of the damages. For instance, if one driver was speeding and collided with a car that was making an illegal lane change, causing damage to your motorcycle, both drivers would be liable for covering the costs associated with their actions.
Motorcycle Manufacturers
In case an accident was caused or contributed to by a faulty bike part, there is a possibility of a claim against the manufacturer or importer, especially if it was a foreign-made motorcycle. The manufacturer could be held liable for negligence in failing to ensure a safe motorcycle design or failure to warn consumers of any associated risks.
Employee Drivers and Their Employers
In the event that an employee’s negligence during work duties leads to a motorcycle accident resulting in injuries, their employer can be held responsible. To illustrate, if a driver, acting on behalf of their employer, caused harm while delivering goods, both the driver and their employer could be subject to legal action under the doctrine of respondeat superior.
State and Local Governments
Motorcyclists might sustain injuries due to poor road conditions or other hazards that are the responsibility of the state or local Newark government. For example, hitting a hard-to-spot pothole can throw a rider off their bike. If the government should have been aware of and fixed the issue beforehand, you may have grounds for a negligence lawsuit. Nonetheless, these cases are intricate due to additional legal regulations when suing a government entity.
Our Newark Motorcycle Accident Attorneys Can Help
For a free evaluation of your case with an experienced motorcycle accident attorney, call Jerry Friedman today at 1-800-529-4464.
