Ocean County Motorcycle Accident Lawyer
There is nothing quite like driving down the open highway on your motorcycle. Lots of riders love that sense of freedom and adventure that comes with driving a motorcycle. With all the fun and freedom that comes with riding a motorcycle, there is also a level of risk. Motorcycles are not enclosed vehicles like regular cars. A motorcycle rider is completely exposed while riding, which makes protective gear like helmets extremely important. Motorcycle accidents can be incredibly dangerous and you could be left with significant injuries.
If you have been involved in a motorcycle accident, you might want to consider filing a personal injury claim. Depending on your situation, this may be the best way to get the money owed to you by the other negligent driver or an insurance company. Our Ocean County motorcycle accident lawyer can guide you through this process and help you get the relief you need. Call Jerry Friedman at 1-800-529-4464 to set up a free legal consultation.
What You Should Sue For After a Motorcycle Accident in Ocean County
After a motorcycle accident, you may need to file a personal injury claim against the other driver and their insurance company. In a perfect world, negligent drivers would cover the costs of your injuries and damages without hesitation. Unfortunately, many negligent drivers refuse to admit they are the ones who caused the accident and are responsible for your injuries. In such cases, a personal injury lawsuit may be necessary.
A personal injury claim after a motorcycle accident will likely be based on a theory of negligence. We can argue that the other driver involved in the accident acted negligently and caused the accident. Negligence requires us to prove four distinct elements in court.
First, we need to show that the other driver owed you a duty of care. A driver owes a duty of care to act as any reasonable and prudent driver would act on the roads. This generally means driving safely and obeying traffic laws. Second, we need to show there was a breach of this duty. A breach is often demonstrated through evidence that the other driver broke a traffic law, like running a red light, or was otherwise driving recklessly. Third, we must show that the breach of duty caused the accident. Sometimes this requirement is referred to as the “but for” test. We must show that, but for the other driver’s actions, the accident would not have happened. Finally, we need to prove you suffered injuries from the accident.
If we cannot prove any of the above-listed elements, we may be unsuccessful. Our Ocean County motorcycle accident lawyer can help you file your lawsuit and fight for the money that is owed to you.
What Kinds of Damages Can You Claim After a Motorcycle Accident in Ocean County?
Damages in a personal injury lawsuit consist of the money and relief you believe you are entitled to as compensation for your injuries. The more significant your injuries are, the more damages we may be able to claim. Damages can come from a number of different places after a motorcycle accident.
First, we should definitely argue for damages for any bodily injuries you sustained. Motorcycle riders are prone to more severe injuries after an accident because they are entirely exposed while driving. Often, the only thing between the rider and the road is their helmet and whatever clothes the rider is wearing. You might be wondering how we put a price tag on your injuries. We will first examine your medical bills and calculate the total cost for all the medical expenses you incurred because of your accident. We can also look at your income. For drivers who are so injured they are prevented from returning to work for a while, we can estimate how much money you lose from not working. For riders who suffer permanent or long-lasting injuries, this could be quite large.
Second, we should consider any property damage you suffered, specifically your motorcycle. Motorcycles are expensive pieces of equipment. It is not unusual for a motorcycle to be completely destroyed after an accident. At the very least, it will require some repair work. The costs associated with repairing or replacing your bike should be factored into your total damages.
Determining Who Was at Fault for a Motorcycle Accident in Ocean County
For your personal injury lawsuit to be successful, we must prove that the other driver was at fault for the accident. The driver who is considered to be at fault is one whose actions or negligence caused the accident. Proving that another driver was at fault may take a bit of investigative work, but it is not impossible.
There are multiple ways a driver could be at fault for an accident. There are obvious reasons, like distracted driving or reckless driving. If a driver was not paying attention to the road or driving in an unsafe way, we might be able to argue they were at fault. Additionally, if the other driving broke the law while driving, this may help our argument. Drivers who ran red lights or stop signs, were speeding, went the wrong way, or failed to use turn signals might be at fault. These laws and rules of the road are necessary to keep all drivers safe. When one driver violates these rules, they put other drivers at risk.
Keep in mind that the State of New Jersey uses a comparative negligence model when determining damages. This means that if you win your lawsuit, but the court also believes you were partially responsible for the accident, your damages will be reduced accordingly. For example, if you claim $100,000 in damages, but the court finds you were 20% responsible for the accident, your damages will be reduced by 20%.
Contact Our Ocean County Motorcycle Accident Lawyer for a Free Consultation
If you have been involved in a motorcycle accident and have not received any money or compensation you believe you are owed, please call our Ocean County motorcycle accident lawyer. Our team will help you file your lawsuit and get the relief you need to move on with your life. Call Jerry Friedman at 1-800-529-4464 to schedule a confidential consultation.