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Sat, 20 Jul 2024 05:01:00 +0000This guide will provide an overview of motorcycle accidents in New Jersey, including your options for pursuing compensation. If you do pursue a personal injury lawsuit, to win you have to prove four things, called the "elements" of your claim. High performance motorcycles. It's not surprising that these bikes are more dangerous — after all, they're lightweight and built for speed. I appreciate everything they have done for me and would recommend them to anyone. Manufacturing or design defects. Approximately 5 percent of motorcycle collisions involve the biker being rear-ended. As part of our thorough investigation, we'll draw from our extensive experience and the input of qualified expert witnesses to prove the following that the malfunctioning part or design defect was serious enough to constitute an"unreasonably dangerous" defect. In fact, according to New Jersey's Department of Law & Public Safety ("NJ DLPS"), in New Jersey about 82% of motorcycle accidents result in injury or death. That means your case won't be as strong as it could've been.
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If you're found 51% at fault, you'll get nothing. But a driver may still be found at fault if they don't drive in a way that's appropriate for the conditions. If their insurance isn't enough to cover your expenses, your uninsured/underinsured motorist coverage may be another source of compensation. Below are a few common types of motorcycle collisions and injuries. Hi Rich, Well I'm on my way up to college to finish packing my son's stuff up and to go to his Graduation tomorrow. Sometimes, more than one person contributes to an accident. My case settled recently after lasting 4 years. Make sure you purchase enough motorcycle insurance in case you are seriously injured, or the party that injures you has no insurance or is underinsured. The reason you need a lawyer for a motorcycle accident is because the insurance industry and the insurance claims process aren't fair to you. It's not too early to start the process, even if you don't yet have a confirmed diagnosis or treatment plan. Motorcycle accident claims are not the same as car accident claims. Texting under those circumstances could be considered a breach of their duty to take reasonable care not to injure others. Burns: Motorcycle engine parts can be very hot, and contact can cause 2nd- or 3rd-degree burns. You don't want to sue a friend or a family member.
Making an appointment for a road test. We'll confront the insurer with the full array of evidence that shows the other driver's negligence. Amy M. Read more reviews on Google! The occupants of the SUV were not injured, but Childs suffered serious injuries and had to be transported via helicopter to a local hospital. Economic damages include compensation for monetary losses relating to your claim. If you want the best outcome for your motorcycle accident lawsuit, then you need high-quality legal representation to get it. If you're involved in a motorcycle accident, you might be able to recover damages for your injuries. Even the best, most defensive motorcycle rider can't always avoid a negligent driver on the road. If the driver is located, you may be able to pursue compensation from them.
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I had the opportunity to retain Mr. Colarulo for a vehicle accident I encountered. Speeding is another common cause of accidents. For the best chances of recovering full and fair compensation, you should get the help of an experienced motorcycle accident attorney. But there are also some factors that are unique to motorcycle crashes. Your attorney will prepare and file the Complaint on your behalf, which will officially begin your lawsuit. A legacy of excellence. Facial injuries due to the lack of face protection from helmets. When you're worried about paying your bills while your injuries keep you out of work, we'll fight to get you the full amount of compensation for all of your lost wages – and for any future income you're likely to miss out on because of the accident. It's also important to engage a lawyer as quickly as possible. And it was a good thing he did.
Learning to ride a motorcycle isn't easy. This can be established with medical bills, proof of expenses, and evidence of lost wages. It's also standard for personal injury attorneys to take cases on a contingency basis. Internal injuries: Any injury to the organs (like lungs, spleen, kidneys, intestines, etc. ) That's why we at Lomurro, Munson, Comer, Brown & Schottland, LLC, can handle them for you. Other types of injury victims who sometimes sustain road rash include skateboarders, runners, and cyclists on non-motorized bicycles. It maybe resolved much later. Getting compensation for your losses is an important part of being able to recover and rebuild your life. If you've been in a single-motorcycle accident, an attorney can help you investigate and identify any responsible parties. For the harm you suffer because of someone else's negligence, you have to seek a payout from the other motorist's liability insurance. You're trapped by the injuries you suffered, the constant pain they cause, and the excessive cost of medical care you can't go without. If you need, we can visit you in the hospital. This careful, meticulous case preparation also ensures that no party potentially at fault is left out of the claim, unintentionally allowing the other at-fault parties to avoid responsibility by placing the blame all on the one entity you're not suing.
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Unfortunately, there is still some bias against motorcycle riders, especially when getting them the compensation they need after a serious accident. Waiting too long to act. Yes, there's a specific time limit in NJ for filing motorcycle accident lawsuits. Someone has to pay for the crash they caused, and it shouldn't be you. We'll work with you and your doctors, long-term care planners, family, and other key players in your life and your rehabilitation to make sure that you're getting the medical care and support and you need to make the best physical recovery possible. Here are four factors you should weigh when deciding which law firm is right for handling your case: One of the benefits of choosing a boutique personal injury law firm like Console and Associates is that we're poised to offer the personal attention your claim deserves. The vehicle attempted to make a left-hand turn in front of him, and the plaintiff quickly braked to avoid it. Your attorney will manage the entire process, advocate for your best interests, and make sure you're treated fairly. In 2017 (the most recent year for which the NHTSA has complete data available), 32 percent of all motorcyclists who were involved in a fatal accident were speeding at the time of the crash. There are a lot of opportunities for missteps that can harm your ability to get full and fair compensation. To make sure you don't miss any deadlines, you should contact an attorney as soon as you're able after your accident.
We Can Still Help You. First, you may end up liable for the losses of others. We have full experience practicing motorcycle accident law in jurisdictions all across the Garden State – large and small, North and South – over more than two decades. There may also be flaws in the design of the motorcycle, which can put drivers at risk. The driver of the car or other vehicle that struck you is also required to maintain at least this level of insurance coverage if they have a standard auto insurance policy (but may not if they have only a basic policy). It's not fair, but that's the reality. Some of the individuals and entities you might sue in your motorcycle accident injury claim include: Our NJ motorcycle accident lawyers have experience handling matters against all different types of defendants.Motorcycle Accidents In New Jersey State
You need to protect yourself and your claim, and that means saying as little as possible to any representative of any of the insurance companies involved. Not only is there a time limit for filing claims, but evidence can disappear quickly and witnesses can forget key details. People like to think that their own insurance company, at least, is on their side. First, you'll have to try to get compensation from the insurance companies directly before filing a lawsuit. Emergency medical personnel can provide urgently-needed care to stabilize anyone who is severely injured and transport them to the hospital. During your initial consultation, it's a good idea to ask about the attorney's specific experience, including how long they've been practicing and how many cases they've handled. There are also conditions (like a concussion) that might not have immediate symptoms but that appear later.Internal Tissue Damage. So if you weren't wearing a helmet at the time of your accident and experienced head injuries, it's possible that the judge or jury could hold you partially responsible for the severity of your injuries. When you pursue a claim, you should be aware that, unfortunately, there's a bias against motorcycle riders in the United States. 4| Call an attorney as soon as possible. If you think now's not the time to shell out money for a lawyer, you're exactly right. For someone without a legal background, this motorcyclist did a good job negotiating with the other driver's insurance company on his own. In New Jersey, the statute of limitations generally only gives you two years from the date of accident to file a lawsuit. That said, bikers caught in the path of another (larger) vehicle sometimes use lane splitting to avoid or at least mitigate the severity of an accident.
However, while this information can help you understand what to expect, it's not easy to successfully navigate the insurance and legal processes on your own. You will have probationary riding privileges for 1 year before you earn an unrestricted motorcycle license. In some rare cases, you may have PIP coverage available even though you were on a motorcycle. This means: What about when you do receive a settlement or a jury award? But regardless of how they happen, they often have serious consequences for the rider. I would recommend your services to anyone.
To get your motorcycle license in New Jersey, you must pass both a written knowledge exam and a road test. The attorney you choose should have experience with similar cases, motorcycle insurance, and all relevant laws. If you wait too long, it may be too late to pursue compensation. Pursuing a third-party claim or getting a payout under UM/UIM coverage can take time. The National Highway Traffic Safety Administration (NHTSA) and the state of New Jersey report that motorcyclists are more than 28 times more likely to die in a motor vehicle crash and 5 times more likely to be injured than the occupants of a passenger car.
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