Motorcycle riders know that riding a motorcycle is different than driving a car. Motorcycle accident cases are often very different than car accident cases in New Jersey, too. Not only are the causes somewhat different, but the processes the injured rider follows after the crash are also different.
With the help of an experienced Newark, NJ motorcycle accident lawyer, you may be able to file a lawsuit for your motorcycle accident case and get damages to cover your injuries and expenses. The same no-fault insurance system used for car accident cases in NJ does not apply to motorcycles, which could make it more complicated to get the damages you need.
For help with your Newark motorcycle accident case, call Legal Care New Jersey today at (732) 838-9769 to set up a free case review with our Newark, NJ motorcycle accident lawyers.
Filing a Lawsuit for Injuries After a Newark Motorcycle Accident
After a car accident in NJ, drivers typically file a claim with their own insurance. This is because of NJ’s no-fault insurance system, where drivers each carry PIP coverage to pay for their own injuries after a crash. However, motorcycle riders do not get PIP coverage in NJ, and they instead need to pursue a claim against the driver who hit them. This often takes the form of a lawsuit.
When suing the driver who hit you, you need to prove that their actions behind the wheel actually caused your injuries. Typically, motorcycle riders get blamed for their own injuries, but this is patently unfair. Motorcycle riders know how dangerous it can be out there, and they often take extra safety steps to keep themselves from getting into accidents. However, drivers unfamiliar with driving alongside motorcycles may not take the same steps.
If another driver hit you after violating a traffic law, that could be the kind of evidence necessary to prove fault. Any traffic violation that leads to your injuries could be enough to show the other driver is liable for your injuries.
Alternatively, other safe-driving practices that are ignored or violated could also be enough to prove fault. Drivers who forget to check their blind spots or who drive distracted might not violate explicit traffic laws, but their actions still fall below what a reasonable driver should do behind the wheel. Talk to a Newark motorcycle lawyer about how to prove fault in your specific accident case.
Damages for Injured Motorcycle Riders in Newark, NJ
Since you need to file a lawsuit instead of relying on PIP coverage after a motorcycle accident in NJ, you may be able to gain access to additional damages that you would not have been able to claim through insurance.
Insurance claims typically focus on the economic damages in an accident case – the medical bills and lost wages. PIP might also pay these damages at only a percentage of the full damages, leaving you to pay the rest out of pocket. These payments may also come with deductibles. In a lawsuit, you can claim full damages for these values.
Because of their focus on economic damages, insurance claims might also leave off damages for pain and suffering entirely – or at least pay low values for these damages. In a lawsuit against the driver who hit you, your Newark motorcycle accident lawyer can help you prove pain and suffering damages and get compensated for these harms. This includes payments for things like mental and emotional distress after an accident and the effect the injuries have had on the rest of your life.
Common Causes of Motorcycle Crashes in Newark, NJ
Injuries in motorcycle accidents can happen for a number of reasons, some of which are quite common. As mentioned, you need to prove how the other driver was at fault to get compensation for a motorcycle accident, so you often cannot claim damages against anyone for a single-motorcycle crash. However, victims riding as passengers on a motorcycle can often claim damages against the operator for these kinds of crashes. Instead, we will focus on common causes of accidents where another driver is responsible.
Speeding is the number one contributing factor for any type of auto accident. Negligent drivers who drive too fast and ignore speed limits often put others at risk. Motorcycles are speedy and can accelerate quickly, but there is no legal requirement for you to put yourself at increased risk trying to dodge speeding cars. These accidents are often the fault of the other driver.
Failing to Check Blind Spots
Many drivers do not spend much time driving around motorcyclists and make poor decisions when they do share the road with bikers. Drivers who fail to keep a proper lookout for motorcyclists in their blind spots are a common cause of motorcycle crashes. Checking your blind spot before moving over is a common safety practice, and your Newark motorcycle accident lawyers can help show that any driver who hit you because they failed to check their blind spot is responsible for the injuries they caused you.
Although it is a common cause for accidents between two cars, drunk driving is also a common cause of accidents involving a car and a motorcycle. Drunk driving makes a driver unable to react quickly to dangerous situations, but it also makes them less likely to make good decisions behind the wheel. Drunk drivers often speed, fail to keep a proper lookout, and violate other traffic laws and safe-driving standards along the way. This can put them squarely at fault for a motorcycle accident.
Call Our Newark Motorcycle Injury Attorneys for Help Today
If you or a loved one was hurt in a motorcycle crash, the Newark motorcycle accident attorneys at Legal Care may be able to help you. Call our law offices today at (732) 838-9769 for a free review of your potential case.