Any accident on the road can be dangerous, but motorcycle accidents are known for being extremely dangerous, even fatal at times. If you or someone you know was hurt in a motorcycle accident, you should talk to a lawyer about suing. The person who caused the accident should pay you fair compensation for your injuries.
You only have 2 years from the accident to file a civil injury case, so you should talk to a lawyer as soon as possible. We need all the time we can get to assess your damages, find evidence, and assess your other legal options. Insurance may play a role in your case. While New Jersey offers drivers no-fault insurance options, this option is not extended to motorcycle riders. Instead, you can file a claim with the other driver’s liability coverage or rely on certain first-party benefits, if you have any. If insurance is insufficient, our legal team can help you file a lawsuit.
Get a free initial case evaluation from our motorcycle accident lawyer by calling Jerry Friedman at 1-800-529-4464.
How Soon After a Motorcycle Accident Should You File a Lawsuit?
Do not wait too long to seek help from a lawyer. Your legal claims may only last so long before you are time-barred from filing them.
Our motorcycle accident lawyers must file your case within the time set by the statute of limitations. According to N.J.S.A. § 2A:14-2(a), we have 2 years to file your case. Typically, this limitation period begins on the day of your motorcycle accident, so time is of the essence.
Under rare circumstances, the statute may be tolled, and plaintiffs may have additional time. However, this is uncommon and does not come up in every case.
Damages Available in Motorcycle Accident Cases in Salem County
Your damages may be more substantial than you realize. Not only can you claim damages for the money you have lost because of the accident, but you may also claim damages for mental and emotional distress.
Property damage is often significant in motorcycle accidents. Not only is your motorcycle likely severely damaged, but you might have lost various personal items, like your cell phone, wallet, wedding ring, or other items. Take a thorough account of everything you lost so we can accurately calculate your economic losses.
Considering how dangerous motorcycle accidents are, you likely suffered serious injuries and incurred high medical bills. The more severe your injuries, the greater your hospital bills probably are. Review your medical costs with your attorney so that everything is claimed in your civil case.
Your non-economic damages may also be quite significant. Your injuries might be incredibly painful, and the accident itself might be highly traumatic. Psychological injuries, emotional distress, and other painful personal experiences should be compensated.
What to Do Following a Motorcycle Accident
Following a motorcycle accident, you should call for help immediately. You might be badly injured, and you might have internal injuries that you are not yet aware of. The sooner you get medical treatment, the better. You should also go to a hospital so that doctors can thoroughly document your injuries in your medical records.
If you can, try to document the accident scene. You can take pictures, record videos, and make mental notes of everything you see. These recordings may be important in an insurance claim or a lawsuit. You should also exchange information with the other driver. However, if you are badly injured, just stay where you are and wait for help to arrive.
Once you have received treatment, call a lawyer to discuss your legal options. Your attorney can help you determine how much your case might be worth and the best course of legal action.
Evidence to Prove Your Claims in a Motorcycle Accident Case
The sooner you call a lawyer for help, the sooner they can begin gathering evidence to support your claims.
As mentioned before, you can take photos and record videos of the accident scene. These photos and videos may be necessary to prove to an insurance company that the other driver is at fault for the accident. If you file a personal injury lawsuit, your photos and videos may be entered into evidence. Often, these recordings preserve details that are lost once law enforcement clears away the crash scene.
We can also use witness testimony to support your claims. Other drivers, passengers, or people who stopped to render aid can testify about what they saw that day. Your testimony about how the accident happened may also be important.
Can I File a Motorcycle Accident Case if I am Partially to Blame?
Determining fault for a motorcycle accident can be complicated, and the other driver might not be the only person responsible.
The other driver might argue that you caused the accident or did something to make your injuries worse. In that case, the court might apply contributory negligence laws. According to N.J.S.A. § 2A:15-5.1, you may still recover damages if you are partially responsible, but your damages may be reduced according to your share of fault. For example, if you are 10% responsible, your damages may be reduced by 10%.
You may be barred from recovery if your share of fault exceeds the defendant’s fault. Put another way, you cannot recover damages if you are more than 50% responsible.
How Insurance May Affect Your Motorcycle Accident Case in Salem County
New Jersey allows drivers in cars to file no-fault insurance claims where they do not have to prove fault to receive compensation. There are no no-fault insurance options for motorcycles in New Jersey. Instead, motorcycle riders may file insurance claims with other drivers’ liability coverage. They must also have evidence of the other driver’s fault.
New Jersey is also a “no pay, no play” state. According to N.J.S.A. § 39:6A-4.5(a), if a driver or motorcycle rider is uninsured, they cannot file a lawsuit against the other driver for damages.
Review Your Case with Our Salem County Motorcycle Accident Attorneys
Get a free initial case evaluation from our motorcycle accident lawyer by calling Jerry Friedman at 1-800-529-4464.