New Jersey Motorcycle Accident Lawyer

Recovering After a Motorcycle Accident Injury

Riding a motorcycle can be a thrilling experience, but a reckless driver can ruin a good time very quickly. After getting hit, you can contact our New Jersey motorcycle accident lawyer to help you recover from your losses.

A careless driver can crash into you while you are enjoying your ride and abiding by all traffic laws, and in such a scenario, you have the right to seek justice. Contact the Law Offices of David A. DiBrigida today to schedule your free consultation.

This is a nightmare for every motorcycle rider and those who have experienced this understand that such crashes can hurt you physically, financially, and emotionally.

Remember that the state of New Jersey requires the party at fault to compensate all the victims for their losses and damages after a motorcycle accident. 

However, for you to succeed with your claim, you may want to work with a lawyer who specializes in motorcycle accident cases. At our law firm, we are aware of the rules and regulations that govern the roads of this region. Furthermore, we understand what needs to be done for you to get fair compensation.

Stereotypes Used By Insurance Providers

There is a certain stereotype surrounding motorcycle riders as careless and aggressive. Insurance providers use this perspective to their advantage so that they can deny the victims the right to be compensated.

The main reason why insurance providers portray motorcyclists this way is to protect their profits. They use such tactics to reduce compensation claims for those who have been involved in motorcycle accidents.

Insurance providers can also try and blame you. However, with the help of a motorcycle accident attorney in New Jersey, you can avoid such cases and fight back using legal means.

The Value Of Your Claim After Being Involved In a NJ Motorcycle Accident

After being involved in a motorcycle accident, many victims face financial challenges and take a long time to recover both physically and emotionally. Because of this reason, you should seek compensation for this long-term suffering.

As a victim, it is your right to seek compensation for the damages such as therapy, change in lifestyle as a result of injuries sustained, motorcycle replacement or repair, medical expenses, lost wages, pain and suffering affecting both physical and mental wellbeing, home modification due to long-term disability, and more.

In New Jersey, the statute of limitations on personal injury claims is usually valid for two years. That said, you are required to file within this time after being involved in a motorcycle accident.

Injuries Sustained After A Motorcycle Accident in New Jersey

Motorcycle riders have less protection when riding their motorbikes on the road compared to other motorists. That is why they are more likely to get serious injuries when involved in an accident. Common injuries sustained by motorcycle riders after an accident include whiplash, burns, spinal damage, wrongful death, internal bleeding, bruises and scrapes, TBI (traumatic brain injury), fractured or broken bones, and more.

Determining Fault in a Motorcycle Accident

In a motorcycle accident, there are various factors used to determine who is responsible. In most cases, the party held liable is usually the one who causes the accident as a result of negligence.

The following is an example of frequent cases of negligence that lead to motorcycle accidents.

• Drowsy Driving. Many people are tempted to drive when they are tired and not focused. As a result, they end up causing an accident. When this happens, such parties can be held responsible for injuries sustained by the victims.
• Distracted Driving. Distracted driving is another common cause of motorcycle accidents in this region. A driver can cause an accident as a result of using a cell phone to text while driving. 
• DUI. It is against the law to drive under the influence of alcohol or any other drugs that make you unfit to drive. If an intoxicated driver causes an accident, he or she can be held liable for all the damages and injuries sustained by the victims.

Furthermore, a claim can also be made against third parties if they are to blame for the motorcycle accident. For example, in New Jersey, you can file a lawsuit against the state if poor road conditions caused the motorcycle accident. In this case, the institution responsible for road safety is held liable for any damages. 

Compatative Fault

In the State of New Jersey, the person held responsible for the motorcycle accident can have the right to defend his or her case. One way of doing this is to pin the blame on the victim. Such an act is acceptable by law, and in this case, compensation for injuries sustained by the victim is shared amongst the parties at fault.

If the party at fault or the insurance provider proves that you are responsible for the motorcycle accident, then you might end up getting less than what you deserve for your compensation claim. For example, after being involved in a motorcycle accident, you could be awarded ninety percent of the total compensation if you were held responsible for the ten percent damage.

New Jersey Motorcycle Accident Laws

Navigating the intricate web of New Jersey motorcycle accident laws can be a daunting task for anyone involved in such unfortunate incidents. Understanding these laws is crucial for protecting your rights and ensuring that you receive the compensation you deserve if you’ve been injured in a motorcycle accident. In this comprehensive guide, we will delve into specific New Jersey motorcycle accident laws to shed light on the legal framework surrounding these cases. You should always reach out to an experienced New Jersey motorcycle accident lawyer from the Law Offices of David A. DiBrigida to answer any questions. 

• Motorcycle Helmet Laws

New Jersey law mandates that all motorcyclists and their passengers wear helmets while riding. This law is designed to enhance safety on the road and reduce the risk of head injuries in the event of an accident. Failure to comply with this law can result in fines and legal consequences.

• Minimum Insurance Requirements

New Jersey requires all motor vehicle owners, including motorcycle owners, to have liability insurance coverage. Motorcyclists must maintain insurance coverage with minimum limits, including $15,000 for bodily injury to one person, $30,000 for bodily injury to more than one person, and $5,000 for property damage. 

• Comparative Negligence

In motorcycle accident cases, New Jersey follows a comparative negligence rule. This means that if you are found partially at fault for the accident, your compensation may be reduced proportionally to your level of fault. For example, if you are deemed 20% at fault, your compensation will be reduced by 20%.

• Statute Of Limitations

If you plan to file a lawsuit for a motorcycle accident in New Jersey, it’s crucial to be aware of the statute of limitations. In most cases, you have two years from the date of the accident to file a personal injury lawsuit. Failing to file within this timeframe can result in the loss of your right to seek compensation.

• No-Fault Insurance

New Jersey operates under a no-fault insurance system, which means that injured parties typically seek compensation through their own insurance policies, regardless of who was at fault in the accident. However, there are exceptions for serious injuries that exceed certain thresholds.

• Uninsured/Underinsured Motorist Coverage

Given the prevalence of uninsured and underinsured motorists, New Jersey motorcyclists can purchase additional coverage to protect themselves. This coverage can be invaluable in the event of an accident involving a driver who lacks sufficient insurance.

• Lane Splitting

Lane splitting, the practice of riding a motorcycle between lanes of slow-moving or stopped traffic, is illegal in New Jersey. Violating this law can result in fines and penalties.

New Jersey Motorcycle Accident Infographic

New Jersey Motorcycle Accident Statistics

According to the National Highway Traffic Safety Administration,  there are an estimated 5,000 motorcycle-related fatalities each year in the United States.

• Motorcycle accidents account for 14% of all traffic fatalities in the United States.
• The most common type of motorcycle accident is a collision with a motor vehicle.
• Motorcycle riders are more likely to be injured or killed in a motorcycle accident than car drivers.
• Helmets can reduce the risk of head injury in a motorcycle accident by up to 85%.

New Jersey Motorcycle Accident FAQs

It is never easy to pursue compensation after being involved in a motorcycle accident. Because of this reason, many victims are left with many questions regarding their case. This is why we are willing to help.

Below are answers to some of the common questions asked by victims regarding injury claims after being involved in a motorcycle accident.

What should I do if multiple parties are responsible for the motorcycle accident?

All you need to do is make sure that you mention all the parties responsible when filing your claim. For example, if the driver is responsible for speeding and the brakes of the vehicle fail, then you can mention both the driver and the vehicle’s manufacturer. 

After being involved in a motorcycle accident, can I file for a claim if I discover an injury later on?

After being involved in a motorcycle accident, most victims usually file for a claim for injuries that can be seen. However, what most people fail to understand is that some injuries cannot be detected quickly, especially internal injuries. If you discover that you are suffering from such an injury, you are given a time limit of one year from the day you discover this injury to file for a claim. 

What evidence is required to support my NJ motorcycle accident injury claim?

The reason why it is vital to hire a motorcycle accident attorney is that he or she will conduct a special investigation to discover new evidence. Some of this evidence includes traffic video footage of the accident, statements from eyewitnesses, photos of the scene of the accident, medical reports, and testimonies from experts.

Can I recover compensation if I was partially at fault for the accident?

In certain cases, you may still be able to recover compensation even if you were partially at fault for the accident, which is why it can be imperative to have a qualified motorcycle accident lawyer in your corner. This is known as comparative negligence, and it means that the amount of compensation you receive will be reduced by the percentage of fault that is attributed to you. A motorcycle accident lawyer can help you understand how comparative negligence applies to your case and work to maximize your recovery.

What if the other driver doesn’t have insurance?

If the other driver doesn’t have insurance, you may still be able to recover physical and emotional losses through your own insurance policy, or other sources such as uninsured motorist coverage. A motorcycle accident lawyer will help you evaluate all of your options at hand and make sure no stone is left unturned as you navigate the legal process.

How do I choose a motorcycle accident lawyer?

When searching for a New Jersey motorcycle accident lawyer, it is crucial to look for a representative who has experience handling cases like yours, and who has a track record of repeated success. You should also hire a lawyer who understands your emotions and frustrations and therefore be someone who will passionately fight for your rights on your behalf. Not only should you feel confident in a lawyer’s skilled advisory but also feel certain that they will take you as a person seriously. If you are a client, you want to know that your case matters to your lawyer.

What are some of the specific challenges faced by motorcycle accident lawyers?

One of the primary challenges faced by motorcycle accident lawyers is the perception of bias against motorcyclists. Unfortunately, many people believe that motorcyclists are inherently reckless and that they are to blame for the accidents they are involved in. A motorcycle accident lawyer must be able to counteract these biases and prove that their client was not at fault for the accident. Additionally, motorcycle accident lawyers must be knowledgeable about the unique aspects of motorcycle accidents, such as the physics of motorcycle crashes and the types of injuries that are commonly sustained by riders.

How can a motorcycle accident lawyer help a client recover compensation?

Our motorcycle accident lawyer can help their client recover compensation by:

• Investigating the accident and gathering evidence to support their client’s claim
• Determining who is liable for the accident and holding them accountable
• Negotiating with insurance companies to ensure the client receives a fair settlement
• Representing the client in court if necessary

In conclusion, if you have been involved in a motorcycle accident, hiring a motorcycle accident lawyer can be a smart decision. They can help you navigate the legal system, recover compensation for your injuries and losses, and hold the responsible parties accountable. 

Motorcycle Accident Glossary

Figuring out the legal process after a motorcycle accident can be overwhelming. As your New Jersey motorcycle accident lawyers, we want to provide clear, straightforward information to help you understand some of the key legal terms that might come up in your case. Below, we’ve defined several important concepts to help you better grasp what might affect your claim.

Liability Determination

In motorcycle accident cases, liability determination involves identifying which party is legally responsible for causing the accident. Establishing liability is essential because it directly impacts your ability to receive compensation for injuries, property damage, and other losses. In New Jersey, the at-fault party is obligated to cover these expenses.

Proving liability requires gathering and analyzing several types of evidence. For instance, witness statements can be crucial in verifying how the accident unfolded. If there are traffic cameras or surveillance footage available, they may capture critical moments before and during the crash, providing an objective account of what happened. Police reports are another vital resource, as they often contain observations from officers who responded to the scene, including any noted traffic violations or initial fault assessments.

Statute of Limitations

The statute of limitations is the time limit within which you must file a lawsuit to pursue a personal injury claim after a motorcycle accident in New Jersey. The time frame is generally set at two years from the date of the accident. If you do not file your claim within this period, you may lose your right to seek compensation for your injuries, no matter how strong your case may be. Because of this strict deadline, we encourage accident victims to act promptly. Waiting too long could make it difficult to gather the necessary evidence and witness statements, potentially weakening your case.

Uninsured/Underinsured Motorist Coverage

In the unfortunate event that you are hit by a driver who either lacks insurance or carries insufficient coverage, uninsured/underinsured motorist coverage (UM/UIM) can provide additional protection. This type of coverage is optional in New Jersey, but it can be a critical safety net if the at-fault driver is not adequately insured. UM/UIM coverage steps in to cover your medical expenses, lost wages, and other damages when the other party’s insurance falls short. Given the high risk motorcyclists face on the road, having this coverage in place can be especially beneficial for your financial recovery.

Diminished Value Claim

Motorcycle owners often find that even after repairs, their vehicle’s value decreases due to the accident history. A diminished value claim can help you recover the difference between your motorcycle’s value before and after the accident. In New Jersey, you may be entitled to file a diminished value claim against the at-fault party’s insurance company if the accident impacts the resale value of your motorcycle. This is particularly significant if your motorcycle is a newer model or has custom enhancements, as these factors can significantly affect its market value.

Duty of Care

Every driver on the road has a legal responsibility, known as a duty of care, to operate their vehicle safely and considerately to avoid causing harm to others. In a motorcycle accident case, proving that the other driver failed to fulfill this duty is essential for establishing liability. Examples of breaching this duty include actions like speeding, distracted driving, or driving under the influence. If we can demonstrate that the other driver’s failure to exercise proper care directly caused your injuries, it strengthens your case for compensation.

At the Law Offices of David A. DiBrigida, we are here to guide you through every step of the process. If you’ve been involved in a motorcycle accident in New Jersey, don’t hesitate to reach out to us for personalized assistance. We’re committed to helping you protect your rights and secure the compensation you deserve.

Law Offices of David A. DiBrigida, New Jersey Motorcycle Accident Lawyer

101 Eisenhower Pkwy #100, Roseland, NJ 07068

Contact Our New Jersey Motorcycle Accident Lawyer 

We have seen the way that motorcyclists can have their lives changed forever simply because a car driver was not paying attention to their presence on the road. We hope that if you need help after a crash, you turn to us for support. We have likely handled numerous cases similar to yours, where motorcyclists were just enjoying their ride out when a car driver unexpectedly crashed into them. Our motorcycle accident lawyer can persistently pursue restitution and utilize legal strategy to yield you the most compensation possible based on the factors of the accident and what you went through. 

Many people may not realize just how influential having a lawyer’s representation can be when handling their personal injury claim, such as a motorcycle accident. We have seen too often how people who are wrongfully injured suffer now and into the future because they did not get the financial restitution they needed at the time. You can trust that we know exactly how to handle your case so that your best interest is the priority. If you have questions or would like a consultation, a New Jersey motorcycle accident lawyer is ready to take your call. We have been helping victims since 1992. If you are unable to reach out to us directly, feel free to have a trusted family member or friend contact us at the Law Offices of David A. DiBrigida so that we can at least get started until we can speak with you. We are on your side.