South Amboy, NJ Motorcycle Accident Lawyer
South Amboy motorcyclists may be injured in accidents through no fault of their own. When a motorcycle crash happens, you could be left with substantial medical expenses, lost wages, and other damages that you need help with.
Insurance companies often fight to keep payouts low and prevent you from getting all the compensation you deserve. For help getting full compensation, contact an attorney right away. Our South Amboy motorcycle accident attorneys can file lawsuits to get you the damages that insurance might not want to pay. We can also fight to protect you against any victim-blaming and work to make sure that you get justice for your accident.
For a free case review, contact Jerry Friedman today. Jerry is a South Amboy motorcycle accident attorney with decades of experience representing motorcycle accident victims across New Jersey. Call today at 1-800-529-4464.
How to Get Compensation for Motorcycle Accident Injuries in South Amboy, NJ
Getting damages for your injuries and vehicle damage can be difficult after a crash. New Jersey uses no-fault rules that require drivers throughout the state to carry insurance to protect themselves in case of injury. However, motorcyclists are not required to have no-fault insurance, and they might be able to file a claim against the driver who hit them to get the damages they need.
If you do have insurance with PIP (personal injury protection) coverage that pays for your injuries in the event of an accident, it will typically only cover damages you need for medical bills and lost wages. Deductibles and policy limits also mean you might not get these damages paid in full through your insurance. Plus, your own insurance company usually will not pay for your pain and suffering. This means a lawsuit against the driver who hit you might be in order.
In cases involving serious bodily injury, your South Amboy motorcycle accident lawyer can typically file a lawsuit against the driver who hit you. However, we will need to prove fault and provide evidence of what damages you faced in order to get those damages paid.
Proving Fault in a South Amboy Motorcycle Crash
When courts decide who is at fault for a motorcycle accident, they typically look at a few different factors:
- Did either party violate a traffic law?
- If there was no traffic violation, did either party do anything unsafe or unreasonable?
- If both parties were partly at fault, how is that fault allocated?
Injury lawsuits for car accidents are filed as negligence claims in court. To prove negligence, you need to prove that the driver who injured you violated a legal duty that they owe you. This can be a literal traffic law, allowing you to hold drivers responsible for things like speeding, distracted driving, and drunk or drugged driving. It can also be a violation of the duty to act reasonably behind the wheel. This allows drivers to be held accountable for unreasonable driving even if there is no literal traffic violation.
In some cases, both the driver and the motorcyclist will have done something wrong. For instance, you might have changed lanes without signaling – but that should not excuse another driver who was speeding and tailgating you. To address this, courts will often assign partial fault to each driver in an auto accident. That could mean assigning, for example, 10% fault to a motorcyclist who changed lanes without signaling. In NJ, your damages will be reduced by your percentage of fault, but you are not blocked from recovery unless you are more than 50% negligent.
It is important to work with an experienced South Amboy motorcycle accident attorney who can collect evidence of negligence and help defend against accusations that you caused your own crash.
Evidence Needed to Prove Damages in a South Amboy Motorcycle Accident Case
You will need evidence of what happened as well as evidence of the damages you faced to get compensation in court or through an insurance claim. Your South Amboy motorcycle injury attorney can help you collect accident reports, photos, and witness statements about what happened at the scene of the crash to prove the other party is at fault. Your attorney can also help you keep track of medical records, bills, and other evidence to prove how severe your damages are.
When proving damages, it is important to remember a few different categories of damages you can claim. First, you can typically claim economic damages for any of the harms you faced that have a clear price tag attached. Things like medical bills, the cost of repairing or replacing your bike, and expenses you paid at home to cope with the accident can all be included. You can also claim damages for non-economic effects, primarily pain and suffering.
To keep track of medical bills, work with your South Amboy motorcycle accident lawyer. Your attorney can help coordinate your care and keep track of expenses. If there are ongoing medical bills you will need paid, we can work to try to include them in the claim as well.
Other economic damages benefit from good record keeping as well. Any expenses you pay at home because of the accident can typically be claimed as damages. For example, if you need help with childcare or you need to install a wheelchair ramp because of your injuries, these expenses should be documented so you can claim them as part of your damages.
The wages you lose while out of work because of your injuries can also be claimed. In fact, we may be able to use pay stubs and financial records to help predict what pay you will miss out on in the future and claim that as well. Lost future wages and lost earning capacity can be claimed by providing records and documentation.
Pain and Suffering
The evidence needed to prove pain and suffering is more complex. Your own testimony about how the injury has affected your life will be important, as will testimony from friends and family. Additionally, you can keep track of the healing process by taking photos of the injuries and journaling or recording videos to keep track of your pain and how the injuries affect you as you recover.
Call Our South Amboy Motorcycle Accident Attorneys Today
For help with your motorcycle accident case, call South Amboy motorcycle accident and injury attorney Jerry Friedman today. Contact our offices at 1-800-529-4464 for a free case evaluation.