Victims of a motorcycle accident are encouraged to contact a Trenton motorcycle accident lawyer as soon as possible. CALL US AT 833-323-4448
Motorcycle accidents are handled very differently than other motor vehicle events, and you will need the guidance of an attorney to help you through this challenging claim process.
New Jersey insurance laws do not protect motorcycle riders in the same manner as they do those who operate an enclosed vehicle.
If you have been injured in a motorcycle accident, you could face significant medical bills and other financial difficulties without the help of an attorney.
Motorcycle Insurance Laws In New Jersey
New Jersey law requires that all people operating a motorcycle carry liability coverage. This coverage, however, does not protect the person operating the motorcycle.
Personal injury protection coverage is not included in a majority of motorcycle policies. This means if you are injured in an accident, there is no protection for you to cover your medical bills.
In most cases, if the other driver is found at fault for the accident, their insurance will pay a portion of the medical bills. The motorcyclists will then have to rely on personal health care coverage to cover the rest.
If they do not have health coverage, or if their health care does not include motorcycle accidents, these injured cyclists face substantial medical care costs that they must cover themselves.
Sadly, most motorcyclists find out too late that they do not have enough or the right types of coverage for their accident.
Facing these large medical bills adds to the financial strain of being involved in a motorcycle accident.
Having an attorney represent your case can help eliminate some of this stress by having them negotiate with the medical care providers to provide treatment by placing a lien against your compensation case instead of making you pay out-of-pocket.
Your attorney will also file a claim for compensation for all of your losses against the responsible party. Your attorney will explain all of the details to you on how they can help during your FREE CONSULTATION.
Our TRenton Motorcycle Accident Lawyers See These Common Causes
Although an accident can happen for any reason, there are some reasons that seem to be more prevalent in accidents relating to motorcycles. The most common causes for motorcycle accidents include:
- Failure to see motorcycle enter a lane or change lanes
- Failing to leave enough room between car and motorcycle while driving
- Distracted driving
- Aggressive driving behaviors, including swerving or cutting off motorcycle
- Excessive speeds
- Driving under the influence
According to the National Highway Transportation Safety Administration (NHTSA), the number of motorcycle accidents involving injuries over the last ten years has steadily increased even though overall accidents have been decreasing over the same time period.
Motorcycle Injuries Are Often Catastrophic
Motorcyclists are required to wear helmets to operate their vehicles in New Jersey. Most riders also wear durable clothing and closed toe shoes to give themselves extra protection while on their motorcycles. Even with these added protections, motorcycle accident injuries are often catastrophic.
The lack of physical protection when an accident occurs is the leading cause of these injuries. In many cases, the driver of the motorcycle is also thrown from the bike during impact. It is simple, passengers in cars have physical protection, motorcyclists do not.
The injuries associated with motorcycle accidents often include:
- Traumatic Brain Injury (TBI)
- Head, Face and Neck Trauma
- Spinal Trauma
- Becoming Paralyzed
- Extensive Cuts and Contusions
- Compound Fractures
- Internal Bleeding and Organ Damage
Anyone involved in a motorcycle accident should seek immediate medical care, even if they believe that their injuries are minor or that they do not need an evaluation. Concussions, internal bleeding, and some fractures may not be apparent immediately. Many people confuse their headache, stomachache, or body aches with being upset because of the accident.
Types Of Compensation For Motorcycle Accidents
Your New Jersey motorcycle accident attorney will seek compensation on your behalf for one or more of the following types of compensation when you are involved in an accident.
The first thing that your attorney will seek is compensation for your current medical care. Your medical care has most likely been provides on the basis that the doctors would get paid from any lawsuit that arises from the accident. Your attorney will make sure that these debts are covered so that you do not have to worry about financial responsibility for these debts.
Future Medical Costs
Your Trenton motorcycle accident lawyer will also seek compensation for any additional medical care that you will need as a result of the injuries. Any future care, including long term care, in-home care, or future surgeries, will be included in this part of the compensation.
Lost Wages and Benefits
All of the work that you have missed as a result of the accident will be covered in the lost wages section of your compensation. Your attorney will use your previous paystubs and benefits information to determine what losses you have incurred as a result of your accident.
Your attorney will also include in your lost wages any lost benefits that you would have received. These lost benefits include employer contributions to your retirement plan and to your health insurance premiums. If you are part of a profit-sharing program, these funds may also be included.
Future Earning Capacity
If your injuries are going to prevent you from returning to work, or if you will only be able to return part-time or at a lesser paying position, your attorney will file a claim for compensation. The negligent party should be held responsible for all of your future earning potential.
Accident Related Expenses
There are many other accident-related expenses that should be included as part of your compensation package. This includes damages to your personal property, like the motorcycle, helmet, glasses if you were wearing them, dental work or dentures, and clothing damaged in the accident.
Additional expenses include over-the-counter medical supplies for treating your injuries, cost of services that you cannot perform around your home such as lawn care of home cleaning, and any modification that you have had to make to your home to accommodate your injury.
Pain and Suffering
Pain and suffering are a very complicated form of compensation. Your attorney will request an amount that is comparable to the injuries you received and your projected future recovery. The attorney will work closely with medical professionals to determine the extent of the injuries and the magnitude of the pain and suffering you are enduring as a result of those injuries.
Of course, the attorney is also going to base this request off of information that they have gathered from you on how this injury has impacted your life physically.
In some cases, your attorney may be able t seek additional compensation for mental anguish. Your attorney will let you know during one of your meetings if the mental anguish is included in the pain and suffering or being held separately.
Disfigurement or Loss of Limb
If your accident caused you to lose a limb, you become paralyzed, or you have been disfigured by scarring from the accident, your attorney will request compensation for these losses. This type of compensation is based on the actual injuries of the accident and may not apply to all cases.
Loss of Services
If your injuries will leave you unable to perform many of the duties that you did around your home prior to the accident, your attorney is going to seek compensation for the costs of having to hire someone in the future to complete these tasks.
Loss of Consortium
If the injuries from your accident leave you unable to interact with your spouse as you did prior to the accident, your attorney will sue for loss of consortium. Your lawyer may file an additional case for loss of consortium for your spouse as well.
If you lost a loved one as a result of a motorcycle accident, you are encouraged to speak with a Trenton motorcycle accident attorney. Qualified family members may be able to file a wrongful death lawsuit against the responsible party for the loss of their loved one.
Speak To A Trenton Motorcycle Accident Lawyer Today
New Jersey insurance laws are complicated when it comes to motorcycle accidents. It will always be in the best interest of the injured party to seek legal representation when they have been injured in this type of event. Having quality legal representation can make a difference in how the compensation process works for the injured party.
THERE IS NEVER A FEE UNTIL WE WIN. You do not have to worry about paying for your legal fees up front. Our law firm works on a contingency basis, so there are no costs until your case settles. This protects all people who have been injured and need legal representation.
We encourage you to contact a Trenton motorcycle accident attorney as soon as possible after your accident. This is the best way to protect your rights as an injury victim and ensure the best possible outcome for your case.