Motorcycle Accidents
Motorcycle Accident Lawyers
There are few things more freeing than feeling the wind in your face as you cruise down the highway on two wheels. However, for thousands of motorcycle riders and their passengers, a liberating experience can quickly turn deadly.
The National Safety Council (NSC) analyzed the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System data from 2020 to 2021. According to that analysis, fatalities among motorcycle riders and passengers increased by 8% over that period.
The NSC also reported that motorcycles only accounted for 3% of registered vehicles in the United States during that year but made up 14% of traffic fatalities. There were also 83,000 motorcycle-related injuries, which translates to 421 injuries per 100 million vehicle miles traveled.
Have you or a loved one gotten into a motorcycle accident in Newark, NJ, or the greater New Jersey or New York area? If so, having experienced motorcycle accident lawyers in your corner is vital.
Whether you suffered debilitating injuries or had a loved one die because of an accident, you will need representation and legal advice from lawyers well-versed in New Jersey law. The right legal team can also help you seek compensation for property damage, lost wages, and other accident-related expenses.
Common Causes of Motorcycle Accidents
The most common cause of a motorcycle accident is a head-on collision, which accounted for 76% of motorcycle crashes in 2020. These collisions can be linked to a wide range of factors, including poor visibility, driver inattentiveness, operator error, distracted driving, drunk driving, or mechanical failure.
Unsurprisingly, weather rarely plays a factor because rainy conditions often discourage motorcyclists from hitting the roads. However, when rain is involved, it further decreases visibility and magnifies the chances of a crash.
At times, motorcycle operators contribute to their own crashes. Factors like speeding, unlicensed operation, failure to wear a helmet, and negligence can increase a motorcycle operator’s chances of being involved in an accident.
I Contributed to the Accident — Can I Still Secure Compensation?
Yes. New Jersey is a no-fault state, although it has a unique “choice” no-fault law. Under no-fault laws, all drivers involved in a vehicle accident can file claims to seek compensation, as can passengers. This holds true no matter who is at fault.
If you file a claim, insurers, attorneys, and the courts will examine your percentage of fault. Generally speaking, you will need to be found 50% or less at fault to recover damages or other compensation in your claim.
Establishing fault and offsetting your contributions to an accident can be complex. That is why it is critical to choose New Jersey motorcycle accident lawyers with a proven record of success. Your attorney should take the case with one goal on their mind: winning.
For you, a win means you will have the funds you need to cover:
- Important medical expenses
- Lost wages
- Property damage
- Other costs you incurred as a result of the motorcycle accident
While no personal injury attorney can guarantee a win, choosing a lawyer with tenacity and real-world results goes a long way when negotiating with insurers.
Before negotiations, the insurance company’s attorneys are going to do their due diligence and look into who you have chosen to represent you. If you have an experienced lawyer in your corner, they will take notice.
Understanding New Jersey Insurance Requirements
In the state of New Jersey, you are required to have three types of no-fault car insurance. These include personal injury protection (PIP), liability insurance, and uninsured motorist coverage.
PIP pays for your medical expenses and those of your passengers following a motorcycle accident. Liability coverage pays for the suffering the other vehicle occupants experienced if you caused the accident. Uninsured motorist coverage protects you if the other driver does not have insurance.
Additionally, you can opt-in for several supplemental coverage options. One especially important one is right-to-sue insurance. This is often available in two choices: limited right to sue and unlimited right to sue. The latter is the more comprehensive coverage, giving you the option to pursue legal action regardless of the kind of injuries you have.
What Are Common Motorcycle Accident Injuries?
The exact nature of your motorcycle accident injuries will vary based on several factors, including whether you were wearing a helmet, the speeds involved, where and how you landed, and what you collided with. Some injuries that you may suffer include:
HEAD AND BRAIN INJURIES
Head and brain injuries are particularly concerning, as they can cause long-term damage and negatively impact your quality of life. Minor head injuries may include bruises, lacerations, and road rash. More severe injuries might range from a concussion to a traumatic brain injury.
SPINAL CORD INJURIES
Spinal cord injuries can be devastating, leading to radiating nerve pain that travels down to your arms or legs. Severe spinal cord injuries can also lead to a loss of feeling in your extremities, neuropathy, and even paralysis.
BROKEN BONES
During a severe motorcycle accident, broken bones may sound like the least of your worries. After all, they will heal, right? While that may be true, bone breaks can leave you facing long-term pain and discomfort, reduced mobility, and a loss of strength. If your broken bones require surgical repair that involves plates and screws, the impacts can be life changing.
ROAD RASH
Road rash occurs when your skin skids against the pavement. While thick clothing and motorcycle gear can help prevent road rash, uncovered areas may be severely injured. Your hands, forearms, and legs are at a major risk of road rash if an accident forces you to lay your bike down.
INTERNAL INJURIES
Organ damage, broken ribs, and severe bruising are other notable injuries that can occur during a motorcycle accident in New Jersey. Depending on the severity and location of the injury, you may require surgery or be incapacitated for weeks.
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Possible Compensation in a Motorcycle Accident Claim
In motorcycle accident claims, compensation is referred to as “damages.” You can receive damages for property damage or loss, physical injuries, and emotional harm. Here are a few types of damages you may be able to recover by working with New Jersey motorcycle accident lawyers:
MEDICAL EXPENSES
One of the most common types of damage in a motorcycle accident is medical expenses. These may include:
- Ambulance ride
- Hospital bills
- Pharmacy bills
- Physical therapy fees
- Medical equipment
- Other medical costs
The team at GGL will work with medical experts to calculate your past and projected medical expenses. This approach will enable us to ask for a fair amount of damages to cover all accident-related medical costs.
PAIN AND SUFFERING
Damages can also cover the pain and suffering you experience as a result of the accident. Since pain and suffering damages are not linked to a specific bill or dollar figure, it is vital that you have experienced motorcycle accident lawyers in your corner. A skilled attorney can explain how the accident has impacted your life, damaged your peace of mind, and caused you undue distress.
LOST WAGES
If you miss work because of a motorcycle accident, you have the right to seek lost wages compensation. This compensation can repay you for every day of missed work, both in the past and future. For instance, suppose that you have missed 30 days of work and are expected to miss another 60. In this case, our team would calculate 90 days of lost wages when filing your damages claim.
OUT-OF-POCKET EXPENSES
In the aftermath of a motorcycle accident, you can have out-of-pocket expenses that exceed your medical bills. These may include:
- Childcare costs
- Home and vehicle modifications
- Transportation costs
- Parking fees when attending treatment
GG’s motorcycle accident lawyers can help you identify which out-of-pocket expenses are eligible and calculate those figures so you can pursue appropriate compensation.
LOSS OF CONSORTIUM
Loss of consortium claims are based on the benefits you are deprived of when your loved one is severely injured or killed in an accident. For instance, if your spouse is hospitalized for 90 days as a result of a motorcycle accident, you will suffer loss of consortium because you will be unable to turn to them for support or companionship.
Generally, loss of consortium damages can be difficult to recover, especially when death is not involved. However, an experienced attorney can help you make a strong case for loss of consortium damages. While monetary compensation cannot replace the companionship of your loved one, it can help you pick up the pieces and address pressing financial and emotional needs.
PUNITIVE DAMAGES
Punitive damages are intended to punish the person responsible for the accident. They are generally only awarded in a motorcycle accident claim if the at-fault party acted recklessly or displayed severe negligence.
For instance, you may be able to pursue punitive damages if the at-fault driver was under the influence of drugs or alcohol. In the case of a genuine accident, punitive damages are rarely assessed, even if the other party is clearly at fault.
OTHER DAMAGES
Other damages could be funeral expenses — if your loved one died in the accident — in addition to property damage or loss of enjoyment of life. If you suffer permanent disfigurement or disability, these may fall under other damages, too.
Experienced motorcycle accident lawyers will thoroughly explore all avenues of recovery to maximize the value of your claim and pursue a just outcome. Whereas insurance companies may try to pay out for quantifiable losses like medical bills and lost wages, GGL considers all impacts of your accident, including loss of companionship and emotional distress.
What Is the Average Motorcycle Case Worth?
The average motorcycle accident settlement is approximately $73,700. However, the specific value of your claim could vary on a wide range of factors, such as your percentage of fault, the severity of your injuries, and the accident’s long-term impacts on your life.
With that said, insurance agencies always try to settle for as low an amount as possible. They want to underpay you to save money and protect their bottom line.
The legal team at GGL works to maximize the value of your case, gathering all necessary documentation and accounting for all the direct and indirect expenses you encounter as a result of the accident. Our goal is to recover fair compensation that empowers you to move forward after an accident.
What To Do When a Motorcycle Accident Happens to You
Navigating the aftermath of a motorcycle accident in New Jersey can feel overwhelming. Who should you call first? What should you do? Is seeking medical attention absolutely necessary?
These are just a few of the questions that will flood your brain after an accident. While your next steps will vary slightly based on the severity of your accident, here is a general outline of what you need to do:
REPORT THE ACCIDENT
First and foremost, you need to report the accident. Reporting to authorities will ensure that law enforcement and emergency medical personnel are on the way. The police will then document the accident, and EMS will render on-site aid to you and everyone else involved.
SEEK MEDICAL ATTENTION
During a motorcycle accident, your body is going to release a tremendous amount of adrenaline, which can numb some of the discomfort you are feeling. Even if you think your injuries are minor, you should go to the hospital and get checked out. Medical professionals can run scans and provide a thorough assessment to document the extent of your injuries.
GATHER INFORMATION
After your accident, make sure you get a police report number and request the full report from the responding officer or police department. This document should have all the details you need to pursue a claim.
DOCUMENT THE SCENE
If you are capable of doing so, document the scene. Take photographs of your motorcycle, the other vehicle(s), license plates, and anything else that may be pertinent. For instance, if a stop sign has been knocked down, take a picture of it.
DO NOT ADMIT FAULT
Be cautious in how you speak to officers and other individuals on the scene. Do not admit fault, even if you think your actions played a role in the accident. Your perception can be skewed during a high-stress event, especially if you hit your head. It is okay to say things like “I am not sure what happened” rather than guessing in an attempt to fill in the gaps in your memory.
CONTACT A MOTORCYCLE ACCIDENT LAWYER
After you have attended to your immediate medical needs, contact a motorcycle accident lawyer. Personal injury law firms like Graces, Grabler, & Lebrocq (GGL) offer free consultations for motorcycle accident victims. We will ensure that you get the professional advice you need without incurring upfront costs.
Worried about whether you can afford to hire motorcycle accident lawyers? There is no need to be. GGL works on a contingency basis, which means you pay nothing unless we win. Additionally, all fees are taken out of the settlement. As a result, you will incur no out-of-pocket expenses.
How Much Does It Cost to Hire a Motorcycle Accident Lawyer?
After a motorcycle accident, the last thing you should be worried about is the cost of hiring an attorney. Fortunately, most personal injury attorneys, including GGL, work on a contingency basis. This means you pay nothing unless we win your case.
In addition to billing on a contingency basis, GGL offers free consultations. We will thoroughly review the facts of your case, provide guidance on your next steps, and help you decide whether you should pursue damages.
Should we recover damages for you, your fees will be deducted from your settlement, which ensures you will be left with no out-of-pocket costs. Essentially, the money provided to you by the insurance company or at-fault party pays for your motorcycle accident lawyer.
Money should not be a barrier to seeking justice after a motorcycle accident. When you partner with a firm like GGL, it never will be.
Why Hire GGL?
At Garces, Grabel & LeBrocq, we provide critical guidance during your time of need. With over 30 years of experience, we deliver reliable help for our clients. When you partner with GGL, you benefit from our personalized approach, transparent communication, and unwavering pursuit of justice.
We serve clients throughout New York, New Jersey, and Pennsylvania, approaching cases with a no-nonsense attitude. We will fight in your corner and never under-settling, maximizing case value through preparation and tenacious courtroom presentation. Our goal is to get you the compensation you deserve, no matter how long or hard the fight is.
Contact GGL today and book your free consultation with one of our motorcycle accident lawyers.
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