- Should I Hire A New Jersey Motorcycle Accident Lawyer?
- Catastrophic Injuries Are Common In Motorcycle Accidents
- Who Can Be Held Liable In A Motorcycle Accident?
- Does Motorcycle Accident Insurance Cover Medical Bills?
- Common Causes Of Motorcycle Accidents
- What Compensation Is Available For New Jersey Motorcycle Accident Victims?
- New Jersey Motorcycle Accident Lawyer Claim Process
- What Should I Do After a Motorcycle Accident in NJ?
- Speak With A New Jersey Motorcycle Accident Lawyer Today
If you have been involved in a motorcycle accident, you need to contact a New Jersey motorcycle accident lawyer.
Motorcycle accidents often leave the motorcycle driver with catastrophic injuries and substantial financial burdens.
New Jersey insurance laws are not beneficial to motorcycle drivers, and if you do not have quality legal representation, you could be facing a lot of problems.
We understand that an accident can leave you financially strained. We also know that insurance companies have countless lawyers on staff to fight any claims that come through.
ZERO OUT-OF-POCKET FEES. We level the playing field and ensure that injury victims have aggressive legal representation for their claims.
Rosengard Law Group will never charge you any fees.
Starting with the FREE CONSULTATION, your legal representation will be handled on a contingency basis, so you do not face another financial headache during your recovery process.
Call us at 856-284-6446 today and speak with an experienced NJ motorcycle accident lawyer.
If you were driving a car at the time of the accident, visit our NJ car accident page for more information.
Should I Hire A New Jersey Motorcycle Accident Lawyer?
Recovering compensation for a motorcycle accident can be difficult for rides. These cases can become complex quickly. An experienced New Jersey motorcycle accident attorney will help you navigate the complexities caused by limitations to Personal Injury Insurance Protection (PIP) limits.
We’ll help you build a strong claim to shift the scales in your favor. We will:
- Gather evidence on your case. This includes gathering police reports, witness statements as well as photographs of the scene of the accident
- Investigate the history of the at-fault driver to uncover any patterns that may be relevant to the success of your claim
- Employ experts who will reconstruct the accident and assist in establishing fault
- Review your medical records to determine how your injuries were caused. We will demonstrate that our injuries are a direct result of the accident
- Demand evidence from the at-fault party to uncover negligence on their part
- Consult with experts on your behalf to build a strong claim
- Contact the insurance company on your behalf. We will represent you during the negotiations.
We will do all the leg-work so that you can focus on recovering and getting your life back on track.
Catastrophic Injuries Are Common In Motorcycle Accidents
Motorcycle accidents almost always lead to catastrophic injuries for the motorcycle driver. Motorcycles do not provide the same physical protection that you receive in a passenger vehicle. Most impacts can cause the cyclists to be thrown from their motorcycle which enhances any injury received.
Even with the use of helmets and durable clothing, motorcyclists who are involved in an accident will be injured. The most common injuries sustained in a motorcycle accident include:
- Road Rash, Cuts and Contusions
- Fractured Bones
- Head Injuries
- Traumatic Brain Injury
- Neck and Spine Injuries
- Facial Injuries
- Loss of Limb
The State of New Jersey requires that everyone operating a motorcycle must wear a Department of Transportation (DOT) approved helmet that has reflective material affixed to it so that the cyclist can be seen at night.
Eye protection or face shields are required if the motorcycle does not have a windshield. However, even with these added protections, motorcycle injuries can be devastating.
If you or a loved one has been injured in a motorcycle accident, schedule a FREE CONSULTATION today to discover what we can do to help you claim compensation for your losses.
Call us at 856-284-6446
Who Can Be Held Liable In A Motorcycle Accident?
Establishing fault in a motorcycle accident can be a complex matter. Our attorneys will investigate the circumstances of your accident to determine the best approach. We will uncover the truth about what caused the accident and who can be held liable.
Our attorneys are experienced at fighting to recover compensation in accidents where any or a combination of the following parties is held liable:
Employers, Owners, or Drivers
The owner, driver or employer can be held liable for an accident involving their vehicle. Your case may become even more complex when it involves a driver who was on the job while driving the vehicle that was involved in the accident. We will help you not only pursue the driver for compensation but also their employer.
If the accident was a result of defective design in the motorcycle or the other vehicle, you can hold the manufacturer liable for your injuries and damages. These cases, however, can be difficult to prove. We will establish fault by carrying out thorough investigations. We will show how the defective part or design resulted in the accident that caused your injury.
Government agencies may be held liable for defects in the design of roadways. They may also be held liable for failure to maintain roadways or for their poor construction. Making a claim against a government agency, however, can be difficult.
Our NJ motorcycle accident lawyers, however, are experienced with these cases. We will ensure your claim is filed within good time to beat the strict deadlines. We will help you navigate the complications that often arise when pursuing a government agency for compensation.
Does Motorcycle Accident Insurance Cover Medical Bills?
It is imperative to understand that New Jersey insurance regulations regarding motorcycles are NOT in favor of the cyclist.
Under New Jersey law, injuries sustained in a motorcycle accident are not covered under the PIP clause of your automobile policy or any parts of your motorcycle insurance policy.
What This Lack Of Medial Coverage Means For You
When you have been injured in a motorcycle accident and rushed to the hospital for treatment, you will only have one of three options:
- Pay for your medical care at the time of service. Since many of these injuries require surgery and extensive care, you could be looking at tens of thousands of dollars to stabilize your health. Since most people usually do not have this amount of money to cover unexpected medical care, this is often not a valid option.
- Have your private health insurance cover the accident. This is how most people cover these injuries to start. However, you are still subjected to co-pays, deductibles and restrictions on treatments under the terms of your policy. Most co-pays and deductibles must be paid up front. Again, for many people, this is not a viable option.
- Request that the hospital, doctors and other care providers hold off on charging you for your medical care by placing a lien against your motorcycle accident lawsuit. These care providers are used to this kind of set up. You will need to have a personal injury attorney on retainer for this to work. Your New Jersey motorcycle accident lawyer will prepare the necessary documents for your care providers to guarantee payment. This ensures that you receive the medical care you need without being restricted by cost.
If you are unsure how to cover your medical expenses because of a motorcycle accident, CALL TODAY and speak with one of our compassionate staff members to schedule an appointment and evaluation of your case.
Our New Jersey motorcycle accident lawyers can even come to your home or hospital for your convenience.
Common Causes Of Motorcycle Accidents
Motorcycle accidents, like most vehicular accidents, can be caused by many different reasons. Lousy weather and road conditions only play a small part in motorcycle-related accidents.
The most common reasons for motorcycle accidents in New Jersey include:
• Failure to see a motorcyclist enter a road or change lanes
• Failure to yield to traffic
• Swerving too closely in front of the motorcycle
• Excessive speed
• Distracted driving
• Driving under the influence
There are other conditions that may also lead to a motorcycle accident. In most cases, the negligent driver was failing to obey a traffic law which leads to the accident.
Click here for helpful information on NJ motorcycle safety and crash facts.
What Compensation Is Available For New Jersey Motorcycle Accident Victims?
When a person is injured by a negligent action, such as a motorcycle accident caused by another person, the injury victim has the right to seek compensation for their losses. These losses include economic and non-economic damages that the victim has experienced.
Compensation amounts and types will vary by accident and claim. Every accident is unique and must be treated accordingly when a compensation package is created by a New Jersey motorcycle accident attorney.
The most common forms of compensation that you can claim for in this type of event include:
This part of the compensation must cover all of your medical expenses. This includes all of the treatments that you have received for your injury and the potential treatments you receive in the future. If your injury causes you to need long-term care or therapy, this will also be included in this portion of the compensation package.
Lost Wages and Benefits
You have the right to claim all of the lost wages you have experience as a result of this injury. In addition to the wages that you make for your job, you are also entitled to seek compensation for other paid benefits that you may receive as part of your employee package. This may include employer contributions to retirement or health savings plans, and employer-paid health care benefits, profit sharing, or similar benefits.
Future Earning Losses
If you cannot return to work after the injury, you have the right to seek compensation for all of your future earnings. This will also include benefits that you would have received from your employer. If your injury requires you to be retrained for a new position, your motorcycle accident attorney can seek damages to cover the cost of retraining and any loss in income you would have to take due to the new position.
Loss of Services
Everyone has chores and responsibilities around the home. If you are unable to complete these tasks and had to pay for these services, you have the right to make a recovery for these expenses. This could include things like having to pay a landscaper, a house cleaner, dog walker, or even for child care because you were unable to complete the task.
If you are unable to complete these jobs in the future, your motorcycle accident attorney in New Jersey may decide to seek future damages for these items as well.
Pain and Suffering
Pain and suffering are non-economic damages that your attorney will ask for from the insurer. This type of compensation is based on the severity of your injuries and the extent that they have changed your life. Every pain and suffering compensation package will b different.
Through the use of medical records and statements from you and your physicians, your attorney will determine a fair amount to request as your pain and suffering compensation. To assist your attorney in this matter, it is always wise to keep a daily journal of how you are feeling, good or bad, and how your recovery is progressing from a very personal point of view.
This gives the attorney ad the insurance company a first-hand look at what this injury has done to your life and standard of living. Your attorney can use this information to present to the insurer as proof f your pain and suffering.
To say that a motorcycle accident has not caused you mental anguish would be a lie. The physical, emotional and financial pain that you have endured as an injury victim should and is recognized by the court system. Mental anguish is a separate part of pain and suffering, and your attorney will address this area according to the facts of your case.
Loss of Consortium or Companionship
When the injuries you have received prevent you from having a complete relationship with your spouse, both you and your spouse have the right to seek compensation for your losses. Loss of consortium or companionship is a vital part of the claim process.
In some rare instances, your attorney may also seek punitive damages for motorcycle accident case. Punitive damages are generally reserved as a way to punish the negligent party for their actions. The court generally only approves of punitive damages if they feel the negligent act was heinous or intention. In some cases, if the accident was caused by someone operating a vehicle under the influence of drugs or alcohol, they may also impose punitive damages.
New Jersey Motorcycle Accident Lawyer Claim Process
The claim process will begin as soon as you sign a retainer contract with your attorney. Once you have agreed to legal services, your case will proceed as follows:
- Your attorney will contact all of your medical care providers to make sure that you are receiving the care you need, establish a contract to repay the care costs when the case settles and to obtain your medical records.
- Your attorney will examine the accident scene, police report and witness information to determine fault for the event.
- A Letter of Demand will be sent to the insurer requesting a compensation package for all of your losses. This is standard procedure and almost never is answered in favor of the injured party.
- Your attorney will then file a lawsuit against the insurer seeking compensation for your injuries.
- The discovery process will begin. During this process records are obtained, witnesses are interviewed, and the injured party is most likely interviewed by the insurer.
- Negotiations begin. Based on the information found out during the discovery process, your attorney will begin negotiating with the insurer for a fair and complete settlement. Your attorney will review with you the offers and recommend when you should accept any fair offer.
- If negotiations are unsuccessful, your attorney will take your case to trial. The jury and judge will then make the final decision on your compensation package. Most insurers try to avoid this because trials are costly, and juries tend to award extra-large compensation packages.
What Should I Do After a Motorcycle Accident in NJ?
Motorcycle accidents can be traumatizing. However, the steps you take after the accident will greatly influence the outcome of your claim. We recommend that you:
Ensure your own safety
The scene of a motorcycle accident can be very dangerous. Because of the construction of a motorcycle, the risks of explosions resulting from fuel leaks are higher in motorcycle accidents. It is therefore important to ensure your own safety by moving to a safe place.
Get medical care
It doesn’t matter whether your injuries are severe or minor, get medical attention as soon as possible. It is especially important to have a full medical examination when you have escaped with seemingly minor injuries. Some injuries may manifest themselves much later. Having a full body examination will ensure that all your injuries are identified early and you can receive the care you need.
Report the accident
If you’re able to, call the police and have the crash reported. The police will prepare a report that will include documentation of the scene of the accident, witness statements as well as any other evidence they can gather. This report will be crucial for determining fault.
Get In Touch With a NJ Motorcycle Accident Lawyer
Obtaining compensation for a motorcycle accident isn’t as simple as many would like to believe. Even those cases that seem to an open-and-shut can quickly become complex as insurance adjusters do their utmost to get out of paying what they owe as compensation. This is why it is important to hire an experienced Jersey City motorcycle accident lawyer. We’ll fight on your behalf for maximum compensation.
What Types of Damages Am I Entitled To?
1. Economic Damages – such as medical expenses current and future relating to the injury, lost wages and benefits and similar tangible expenses
2. Non-Economic Damages – such as pain and suffering and similar damages
3. Punitive Damages- On rare occasion you may be awarded punitive damages if the accident was a result of malicious intent
What If The Police Report Is Wrong?
It is possible to file an amendment to a police report. If you believe that your police report is inaccurate, speak with your attorney. Your attorney can take the necessary steps to correct this information.
Speak With A New Jersey Motorcycle Accident Lawyer Today
Why do you need a New Jersey motorcycle accident attorney? We know that the laws in New Jersey concerning motorcycle accidents are not in favor of the motorcycle driver, even when the accident is of no fault of their own. We know that we must even the playing field and protect those who have the least protection under insurance laws.
NO OUT-OF-POCKET FEES. Our law firm also understands that you are facing a lot of financial uncertainty at this point in your life. The accident has placed many hardships on you, including the inability to return to work. We wanted to make sure that anyone in this position still has the ability to have quality legal representation, so we work on a contingency fee. This means there is never a fee for our services until you win your case, and even then, we only get paid a percentage of the settlement we win for you and your family.
You have a long road ahead of you to make your physical and emotional recovery. Allowing our law firm to handle your legal issues gives you the extra time and decreased stress levels to concentrate on your health and well-being.
You can call our office directly or request an appointment online. You’ll speak with a motorcycle accident lawyer immediately. Call 856-284-6446
If your injuries prevent you from getting out, or you are still in the hospital, we will come to you. Protect yourself and your right to seek compensation by speaking with a New Jersey motorcycle accident lawyer today.