While motorcycle riders deserve to enjoy the roads of Westfield safely, careless drivers do not make it easy. When a negligent driver injures you, Jerry can help you get the compensation you are entitled to.
Being a rider himself, Jerry understands how negligent drivers try to cover for their mistakes by blaming the rider. With his firm’s help, you can rest assured you are being treated fairly. Every aspect of your case will be tended to while you recover from your injuries. Jerry will gather evidence of how your accident was caused and the injuries you suffered and even take your case to trial if needed.
For a free case assessment with a skilled motorcycle accident attorney, call Jerry Friedman at 1-800-529-4464.
How Insurance Claims Work for Motorcycle Accidents
Insurance works a bit differently for motorcycles than it does for cars in New Jersey.
No No-Fault Insurance
In New Jersey, you may be familiar with no-fault insurance. For cars, your insurance covers you in a crash, not the defendant’s. You can’t even sue unless your injuries are “severe.”
For motorcycles, we use the at-fault driver’s insurance instead. However, you might have some first-party protections that cover regardless of fault, like medical payment insurance.
Filing a Lawsuit
Since we do not work under the no-fault system, you can file a third-party claim against the at-fault driver’s insurance. However, if the claim doesn’t work out, we can go straight to court in a lawsuit instead.
Should You Talk to Insurance?
Generally, you should get a lawyer and have your lawyer talk to insurance for you. Never try to negotiate or settle your claim on your own.
Often, you might not know what the case is worth, especially when it comes to putting a price on your non-economic damages. Because of this, you need a lawyer to review your case first, then negotiate for fair damages before you accept a settlement.
Damages Available in a Motorcycle Accident Case
If you were hurt in a motorcycle crash, there are four typical areas of damages you should be concerned with:
Medical Bills
You need coverage for the cost of all treatments you received because of the accident. This can include
- Emergency treatment at the hospital
- Hospital stays
- Surgeries
- Imaging (X-rays, MRIs, etc.)
- Physical therapy
- Crutches, walkers, and wheelchairs
- Mental health therapy (e.g., for PTSD).
Save all bills and records so we can prove the amounts.
Lost Wages
If your injury kept you from work, then those lost wages are damages you need paid, too. The full cost of your lost wages will include
- Income lost while you were recovering/healing
- Reduced wages for ongoing disabilities if you have to take a lower-paying job or reduced hours
- Permanent lost wages if your disability keeps you from going back to work at all.
Non-Economic Damages
Injuries come with more than just the financial impact. Non-economic damages are often called “pain and suffering,” and they account for
- Emotional distress
- Mental anguish
- Physical pain
- Lost ability
- Embarrassment
- Sense of loss (especially for amputations)
- Disfigurement
- PTSD symptoms
We can calculate these damages based on how severe your injuries are.
Vehicle Damage
Jerry is himself an avid motorcycle rider, and he understands that the damage to or loss of your motorcycle can sometimes feel as important as your physical injuries.
The cost of repairing or replacing your motorcycle should also be included, along with any other property damage (e.g., damaged gear, a cell phone that broke in your pocket).
What Evidence Do You Need in a Motorcycle Accident Case?
You should collect the following when you can. Some of this, our lawyers can actually collect for you:
- The contact info and names of all witnesses and drivers
- Photos of the vehicle damage and accident scene
- Photos of any injuries
- Security footage of the crash
- Dash cam or helmet cam footage
- Vehicle repair or damage appraisals
- Medical bills
- Medical records
- Doctors reports
- Your own testimony.
Dealing with the Aftermath of a Motorcycle Accident
Unfortunately, the first step to filing a lawsuit is being injured in the accident. Of course, this is a critical stage where you will be without the help of an attorney. However, you can do many things at this stage to start your case off right.
Preserve Evidence
Motorcycle accidents are often serious incidents where evidence might be littered around the accident scene. You will want to preserve as much evidence from the scene as possible before it is cleaned away. Only your testimony will remain once it is gone.
Take Pictures
The best way to save evidence is by taking pictures with your phone. While it is best to photograph as much as possible, there are a few shots you will want to get for sure. For instance, take pictures of all the damage to your motorcycle, including the point of impact on your bike.
You will also want to get shots of the defendant’s vehicle and where it struck your motorcycle. Also, take photos of where each vehicle was positioned following the crash and the skid marks you notice.
Get Details of the Accident Scene
Be sure to photograph any traffic lights, lane lines, and other important details from the scene. Pictures of your injuries usually serve as powerful evidence, as well. It will show how serious your injuries were at the time, even if they have healed since.
Report the Accident
Another way to document the accident is to call the police and have them complete an accident report.
Investigating the Accident
One of the best aspects of having the police investigate the crash is that they will speak to witnesses who remain on the scene. Most importantly, witnesses’ contact information will be included in the report.
Getting a Police Report
If you were not able to speak to witnesses because of your injuries, your police report will fill in the gaps. Jerry can help you get a copy of your report and reach out to witnesses on your behalf.
Our Lawyers Can Get Evidence
In many cases, Jerry will go to the accident scene himself to find evidence others might not. Sometimes, surveillance cameras, such as a business’s security cameras, capture the motorcycle accident.
If your accident happened in a residential area, a front door camera might have footage. We can also get copies of your medical records, bills, and financial records for you.
Filing Your Lawsuit
Once you get the medical care you need, our team will begin drafting your complaint. The complaint is the document in which you tell your story.
Identifying Defendant and Claims
It typically starts by identifying the parties and how the named defendant caused the accident. The next parts of the complaint will detail the injuries their negligence caused and what compensation you are requesting the court grant. To back up the claims made in the complaint, we will submit the evidence mentioned above and more.
How Long Lawsuits Take
How long it takes to prepare your complaint will depend on the circumstances of your accident. In general, the more serious the accident, the more preparation it will take. However, you do not have an unlimited amount of time to file.
Under N.J.S.A. § 2A:14-2(a), you only have two years from the date of the accident to file your complaint before the court will not hear it. You could be barred from recovering any compensation if you file past the deadline, unless an exception applies to your situation.
Negotiating a Settlement
Contrary to popular belief, most lawsuits are fought during settlement negotiations rather than trial.
Discovery Stage
Negotiations will depend on the evidence gathered to file your complaint, as well as the evidence we collected during “discovery.” This is a process where our attorneys can demand evidence in the defendant’s possession, which includes their testimony. In most cases, the defendant will be questioned under oath before truly negotiating a final number. If the defendant basically admitted liability, it can make negotiations go smoothly.
Most injury cases settle during or soon after the discovery stage, if not earlier.
How Damages Are Determined
Attorneys typically do not argue a great deal over how much of the victim’s financial damages should be covered. Those damages are relatively simple to assess since medical invoices and lost income can be added up.
The real conflict is often over how much non-economic damages the settlement should provide. These damages include living with physical pain, emotional distress, humiliation, and other hard-to-quantify losses.
Deny the First Offer
Generally, the first offer will be lower than what the case is likely worth. If you accept a settlement that does not account for all your damages, you will not be able to file another claim if additional expenses come up.
The first offer might not even be based on your damages, but rather what it would cost them to fight the case instead of settling. You should almost always deny the first offer so your lawyer can continue negotiating a real offer that reflects your damages.
Going to Trial for a Motorcycle Accident
Not all insurance companies see the wisdom in settling a case and are willing to take the case to trial. Our team will be ready to take the evidence we have collected and prepare it to present to the court. Preparing for court can be stressful, but our firm will make sure you are ready.
Before the trial, we will review all the details of your case with you so everything is fresh. However, do not worry if you cannot remember a specific fact while on the stand. We can refresh your memory with the evidence from your case.
FAQs for Motorcycle Accident Cases in Westfield, NJ
Who Determines Fault in a Motorcycle Accident?
The insurance company will get the first chance to decide that their driver is at fault. If they refuse to admit liability or pay damages, then we can take the case to court.
In court, the jury decides fault. The judge is there to make legal rulings, but not to decide who was at fault or how much the damages are.
Can You Sue for a Motorcycle Accident?
Unlike car insurance, motorcycle insurance in NJ does not have any limitation on lawsuits. This means that if you get hurt in a crash, no matter whether your injuries are “serious” or not, you can turn straight to a lawsuit to get compensation.
We will typically file a lawsuit if negotiations with insurance are not going smoothly and we need to turn to the courts.
What if I Was Partially at Fault?
Auto accident cases do not always have one victim and one at-fault driver. Instead, victims might share a portion of the blame.
If you are deemed partially at fault for speeding or other acts, you could lose out on the percentage of damages assigned to you. As long as you are a maximum of 50% at fault, you can still sue.
Can I Be Partially at Fault for Not Wearing a Helmet?
If you are required to wear a helmet under NJ law, but you were not wearing one, then that could be used to say you were partially at fault for the injuries you suffered. However, this usually cannot say you were at fault for causing the crash, just for making the injuries worse.
For example, wearing a helmet would not have stopped the crash if the other driver was drunk and running a red light, but it might have lessened how bad a head injury was. Similarly, a lack of helmet probably only matters for partial fault for head, neck, and face injuries, not, something like a broken arm or foot.
Our Westfield, NJ Motorcycle Accident Attorneys Can Discuss Your Case Today
Call motorcycle accident attorney Jerry Friedman at 1-800-529-4464 for a free case review today.