Motorcycle accidents are traumatic events in many ways. The injuries and losses that the motorcyclist has experienced is only part of the issues that they must face after the accident. The insurance claim and compensation process are also very complicated.
After a motorcycle accident happens, the victim will always have many questions. To reduce the stress of our client’s experience after an accident, we have tried to answer some of the most frequently asked questions about motorcycle accidents.
These questions are just some of the common questions asked by clients in our office. To have all of your questions answered, you are encouraged to schedule a free consultation with a NJ motorcycle accident lawyer.
Can I File A Personal Injury Lawsuit In New Jersey For A Motorcycle Accident?
If you have been injured in a motorcycle accident, you have the right to file a personal injury lawsuit against the responsible party. If the injury victim was a minor, the parent or guardian of the minor must file a lawsuit on their behalf.
Does New Jersey Have Helmet Laws?
Yes. New Jersey requires that everyone driving or riding on a motorcycle wear a DOT-approved helmet. If you were not wearing a helmet when the accident occurred, making a claim for compensation can become more complicated.
What Should I Do After A Motorcycle Accident?
- Never admit fault, apologize or assume even partial responsibility for the accident
- File a police report and gather witness information if possible
- Get medical attention right away
- Contact a New Jersey motorcycle accident attorney
What Type of Damages Am I Entitled To For My Accident?
- Economic Damages – such as medical expenses current and future relating to the injury, lost wages and benefits and similar tangible expenses
- Non-Economic Damages – such as pain and suffering and similar damages
- Punitive Damages- On rare occasion you may be awarded punitive damages if the accident was a result of malicious intent
What If I Am Partially Responsible For The Accident?
Under New Jersey law, your compensation may be affected if you are partially responsible for the accident. If you are under 50 percent responsible for the event, you can still make a claim. However, your compensation package will be reduced by the percentage you were deemed at fault.
Can Anyone Else Be Held Responsible For The Accident?
New Jersey law allows people to seek damages against a social host who served alcohol knowingly to a person who was already intoxicated and then allowed them to leave their premises and drive. There are criteria that must be met for this type of lawsuit. Your attorney will seek damages under the Dram Law if it applies to your case.
What Happens When The Police Report Is Wrong?
Sadly, many police accident reports contain inaccurate information. Since the police did not see the accident occur, all of their information is based on the information they gather. This information may not be accurate. If you believe that your police report is inaccurate, speak with your attorney. Your attorney can take the necessary steps to correct this information.
What Is The Leading Cause Of Motorcycle Accidents?
The most common cause of motorcycle accidents is the driver of the passenger vehicle, not seeing the motorcycle. The most common place for these accidents to occur is when the passenger vehicle is making a left-hand turn. Motorcycles are encouraged to use their headlights during the day and night to make themselves more visible.
Can Previous Accident Claims Affect My Accident Compensation?
Technically, any past accidents you have been involved in should not have any impact on your current case. However, do not be surprised if the insurance adjuster uses this information as an advantage.
How Long Do I Have To File A Claim And Lawsuit?
It is easy to assume that filing an insurance claim for the accident will take place immediately. You are required by law t report all accidents to the insurer within a certain period of time after the event. If you are in need of medical care, you will make a claim immediately.
This does not mean that you will settle your case immediately.
If you need to file a lawsuit to recover your losses, you have two years from the date of the accident.
If your attorney feels that they must file a lawsuit to make a recovery, they will file before the two year period has ended.
Further reading: New Jersey Motorcycle Accident Facts