Trenton, NJ Motorcycle Accident Lawyer
The city streets and highways in Trenton often have motorcycle riders, and other drivers might not take the care they need to avoid causing crashes and injuring these riders. Motorcycle riders often get the worst of an accident with another vehicle, and you or a loved one could face serious injuries and damages after a motorcycle crash.
If you are injured in a motorcycle crash, you can sue the driver responsible for the accident. Other drivers often cause motorcycle crashes, even though motorcycle riders tend to face an unfair bias. An attorney can help you prove how the other driver caused the accident, collect evidence, and assess damages for your lawsuit. Damages might be significant, as economic and non-economic losses might add up to a substantial sum of money. Since New Jersey is a no-fault state, injured plaintiffs often must go through insurance before suing, and your insurance policy might restrict your ability to sue. If you file a lawsuit, you must do so before the statutorily imposed deadline.
Set up a free, private case assessment with our motorcycle accident lawyer Jerry Friedman by calling 1-800-529-4464.
Suing for a Motorcycle Crash in Trenton, NJ
If you were injured in a motorcycle accident, you can file a claim against the at-fault driver’s insurance policy to get compensation. This could be a good choice if you suffered vehicle damage only or have only mild injuries to cover. However, damages in a serious crash are often higher than what an insurance company is willing to cover without a court order, or the damages paid might not cover all the damages you face.
You might need to file a lawsuit to get the compensation you need. Many of these injury cases are settled out of court with the at-fault driver and their insurance company admitting fault and paying damages. However, offers to settle might still be too low to cover your full damages, and you might have to go to a judge and jury to get the full damages you are entitled to.
In a lawsuit after a motorcycle accident in Trenton, you must prove the other driver’s fault before the court can award you damages. Your New Jersey motorcycle accident lawyer will usually do this by pointing to things the other driver did wrong on the road, including failing to stop at a stop sign, speeding, driving under the influence, or failing to signal and check their blind spots before changing lanes.
Ultimately, the court can assign fault to multiple parties. This usually means that if multiple drivers were responsible for causing your crash, the court can assign each of them their fair share of the blame and have them pay their own share of the damages. If you were found partly at fault for your own crash, this will not stop you from getting compensation unless you were more than 50% at fault. This means you should still talk to a lawyer, even if you think you might be partly to blame for the crash.
Determining The Cause of a Motorcycle Accident in Trenton, NJ
It is important that our motorcycle accident lawyer determine the exact cause of your motorcycle accident, as it might help us determine who should be held liable, how to assess damages, and where to find evidence. Although every accident case is unique and should be thoroughly investigated, some common causes crop up more frequently than others.
A big reason behind many motorcycle accidents is a blatant disregard for motorcycle riders. Drivers in cars tend to ignore motorcycle riders and do not view them as other vehicles entitled to their fair share of the road. Instead, motorcycle riders often get an unfair reputation for being dangerous. As a result, drivers might ignore riders trying to pass them, turn, or otherwise maneuver on the road. The reality is that motorcycle riders are usually well aware of how dangerous riding can be, and drivers in cars are more likely the at-fault party in an accident.
Another very common cause of motorcycle collisions is routine traffic violations. Running a red light by mistake, speeding, or forgetting to signal are commonplace on the road, and most people have done something similar at least once. Unfortunately, motorcycle riders are especially vulnerable to accidents as they are not protected inside enclosed vehicles, and even minor traffic violations pose a huge risk. For example, when a car is rear-ended at a stop sign, the damage is often minor. When a motorcycle rider is rear-ended, they might be thrown from their bike and badly hurt.
Blind spots are something all drivers should be mindful of, especially when motorcycles are on the road. Since motorcycles are smaller than standard cars, they are more easily concealed within blind spots. If a driver in a car does not check their blind spots before turning or merging, they might strike a motorcycle rider.
How an Attorney Can Provide Support for Your Motorcycle Accident Lawsuit in Trenton, NJ
After a motorcycle crash, you should speak with an attorney with experience with various auto accidents, including motorcycles. Your lawyer can assist you with numerous steps in your lawsuit, including finding evidence, evaluating damages, and devising legal strategies.
Evidence often comes from the accident scene but might also be obtained elsewhere. If you took photos or recorded videos of the accident scene immediately after the crash, we can use those photos as videos as evidence. Your recordings can help us establish where, when, and how the accident occurred. If you were too badly injured to take photos, we can rely on witness testimony and other evidence.
Your attorney should also assist you in evaluating your damages. Damages reflect the losses and costs incurred because of the accident, and they may be far broader than you realize. While big expenses like medical bills and the cost to replace your motorcycle are obvious, other damages might be overlooked without help from your attorney. For example, your lawyer can help you claim income you lose because you cannot return to work, damages for pain and suffering, and other losses.
Simply having evidence for your claims is only half the equation. You must know how to use the evidence effectively and make convincing arguments to the jury to win your case and get compensation. Your attorney should have the experience and skills to determine legal strategies and tactics that can help you.
Damages for a Trenton Motorcycle Lawsuit
Motorcycle accidents often result in severe injuries, including permanent disabilities and ongoing medical care needs. In addition, the injuries might keep you out of work and make it harder for you to take care of your family, tend to household needs, and take care of yourself. In a lawsuit for a motorcycle crash in Trenton, you can claim damages for the economic and noneconomic harms from a motorcycle accident.
Economic damages are not capped, meaning you can claim the full value of costs and expenses related to your injuries. Every dollar you spent on medical care, wheelchair ramps, home nursing care, and other reasonable medical costs should be covered, as should every dollar you lost because the injury affected your ability to work. Insurance policies might not cover these costs at their full value, so it is often necessary to take your case to court to get the full damages you faced.
You can also claim damages for the noneconomic, intangible harms you faced. This can include things like reduced enjoyment in activities you used to love, like riding your motorcycle. It can also cover the physical pain and mental suffering you experienced because of the injuries.
You might be entitled to more substantial compensation if you lose a loved one. This can cover the cost of lost wages and household services from the deceased as well as burial and funeral expenses, lost companionship, lost spousal services, and more.
You should always talk to a lawyer about what your case is worth before accepting any settlement. Those settlements might block your ability to take the case to court and seek further damages, leaving you stuck with whatever you accept.
How Insurance Might Impact Your Motorcycle Accident Case in Trenton, NJ
New Jersey insurance laws can be convoluted in how they affect potential lawsuits. New Jersey is a no-fault state, and drivers may file claims with their own insurance without proving who caused the crash. Additionally, drivers typically must file insurance claims before they can sue, and suing might not be permitted.
Generally, auto insurance policies come with one of two options selected by the insured. The first option to a limited option to sue. Under this option, an injured driver may only file a lawsuit if they experience a serious injury. A serious injury often involves significant or permanent injuries including, but not limited to, severed limbs, significant scarring, displaced fractures, and death.
The second option is an unlimited right to sue. Under this option, there is no need for a driver to prove they experienced a serious injury. They may file a lawsuit as they wish. This option tends to be the more expensive of the two.
Motorcycles differ from ordinary vehicles and are not bound by no-fault insurance laws. However, if motorcycle riders also have standard auto insurance for their car, truck, or other vehicles, they might still be bound by their no-fault policies and limited right to sue. It is best to speak to an attorney about your insurance policy so they can help you figure out whether you can file a lawsuit.
When to Begin Your Motorcycle Accident Case in Trenton, NJ
You should begin your motorcycle accident claim quickly for several important reasons. First, you want to make sure you file your lawsuit before the statute of limitations expires. Second, you need to get started quickly so you do not lose valuable evidence.
The statute of limitations on personal injury claims in New Jersey, including those related to motorcycle accidents, is only 2 years. This means you must formally submit your injury claims to the courts within 2 years of the date of the accident. If you submit your claims late, your case will be rejected unless you show that a specific exception applies.
Even if you are well within the deadline to file your claim, it is best to speak to an attorney who can begin preparing your case as soon as possible. If you wait too long, even just a few weeks or months, you risk losing valuable evidence. The accident scene might be cleared away very quickly, and physical evidence might be lost forever. On top of that, potential witnesses might move, and we might be unable to fund them in time for a trial. Even if we can track down witnesses, their memory of the accident might have faded.
Call Our Trenton Motorcycle Accident and Injury Attorney for a Free Legal Consultation
To schedule a confidential evaluation of your case for no charge with our motorcycle accident attorney, call Jerry Friedman at 1-800-529-4464.