MOTORCYCLE ACCIDENTS

New Jersey Motorcycle Accident Lawyers

There is no denying the appeal of driving a motorcycle: the thrill of the open road and the sense of freedom. Yet, motorcyclists face higher accident risks and severe injuries due to limited protection, smaller vehicle size, reduced visibility, and less stability than cars.

The actions of other drivers are also a significant risk factor for motorcyclists. When a collision occurs, the injured party may need to pursue damages for medical expenses, lost wages, and other damages. The New Jersey motorcycle accident lawyers at Kitrick, McWeeney & Wells, LLC provide assistance to those affected by motorcycle collisions. Our thorough understanding of New Jersey’s legal landscape and experience can help you pursue fair compensation.

What Are the Most Common Causes of Motorcycle Accidents?

Motorcycle accidents can result from these risk factors:

Driver Negligence: This is one of the leading causes of motorcycle accidents. It can include distracted driving, speeding, failing to yield, or driving under the influence.
Road Hazards: Potholes, debris, uneven pavement, or poor road design can present greater dangers to motorcycles than to other vehicles.
Weather Conditions: Rain, fog, and other adverse weather conditions can reduce visibility and increase the likelihood of a collision.
Lane Splitting: This practice involves riding a motorcycle between two lanes of traffic, which can be dangerous and increase the risk of accidents.
Motorcycle Defects: Mechanical failures due to manufacturing defects or improper maintenance can also lead to accidents.

Addressing the cause of an accident is an essential step in determining who may be legally responsible for the damages.

What Steps Should I Take After a Motorcycle Accident?

Taking the proper steps immediately following a motorcycle accident can help protect your legal rights and improve the likelihood of a successful claim. Call 911 immediately, and even if injuries seem minor, get checked by a medical professional; some injuries may not be immediately apparent. Request a copy of the police report because it can be vital evidence in a legal claim.

Take photos of the accident scene, the vehicles involved, and any visible injuries; collect contact information from witnesses and any eyewitnesses. This information may all be used as evidence. Note if there was a traffic camera at the accident scenes because the footage might also help your case.

Inform your insurance company about the accident, too. We advise against giving a recorded statement or discussing fault-our New Jersey motorcycle accident lawyers can explain why.

How Is Fault Determined in New Jersey Motorcycle Accident Cases?

New Jersey follows a “comparative negligence” rule when determining fault in personal injury cases, including motorcycle accidents. Under this rule, each party involved in an accident can be assigned a percentage of fault. If the injured party is found to be partially responsible for the accident, their compensation may be reduced accordingly.

If you are found to be more than 50% at fault, you might not be eligible to recover compensation. Therefore, establishing the degree of fault is a key factor in the outcome of a case.

Our New Jersey motorcycle accident attorneys can help you determine the cause of your crash and establish liability.

What Types of Compensation Are Available After a Motorcycle Accident?

In a motorcycle accident, compensation may be available for a variety of damages:

Medical Expenses: Coverage for current and future medical bills related to the injury, such as hospital stays, surgeries, rehabilitation, and prescription medication.
Lost Wages: Compensation for income lost due to an inability to work while recovering and any loss of earning capacity if the injuries result in long-term or permanent disability.
Property Damage: Repair or replacement costs for the motorcycle and any personal property damaged in the accident.
Pain and Suffering: Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life caused by the injuries.
Punitive Damages: In cases where the at-fault party’s actions were particularly reckless or intentional, the court may award punitive damages as a form of punishment.

Calculating the appropriate compensation for a New Jersey motorcycle accident requires a detailed evaluation of the case’s specific circumstances, including the severity of the injuries and the impact on the individual’s life.

How Long Do I Have to File a Motorcycle Accident Claim in New Jersey?

The statute of limitations for filing a personal injury lawsuit, including motorcycle accident claims, in New Jersey is generally two years from the date of the accident. This means that if you do not file your claim within this period, you may lose the right to seek compensation through the court system.

Some exceptions to this rule can either extend or shorten the filing deadline. For example, if the accident involved a government vehicle, a claim may need to be filed with the government entity within 90 days. Additionally, if a minor is injured, the statute of limitations may not begin until the individual reaches the age of 18.

What If I Was Not Wearing a Helmet During the Accident?

New Jersey law requires motorcyclists to wear helmets; failing to wear one can potentially affect a motorcycle accident claim. If you sustained head or neck injuries, the at-fault party’s legal team might argue that some or all of the injuries resulted from your decision not to wear a helmet. This could potentially reduce the compensation awarded.

However, if the injuries sustained were unrelated to the head or neck, not wearing a helmet might not affect your claim. Our team can address these arguments and advocate for the compensation you deserve, regardless of whether a helmet was worn.

The New Jersey Motorcycle Accident Lawyers at Kitrick, McWeeney & Wells, LLC Can Fight to Protect Your Rights

Our skilled New Jersey motorcycle accident lawyers are prepared to assess your case, explain your options, and help you pursue the compensation you need to move forward. For a free consultation, contact Kitrick, McWeeney & Wells, LLC to schedule a free consultation. Call our Manasquan and Brick, New Jersey offices at 732-655-3168 or complete our online form. We serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.