After a motorcycle accident, you could be left facing a long recovery for serious injuries. Even if your injuries are minor or moderate, you could still face medical expenses. Those expenses are even higher for severe injuries. Getting compensation for these damages can be difficult, but our attorneys can help.
When you work with our lawyers, you can focus on your recovery while our lawyers focus on getting you the compensation you need for not only your medical expenses but also the pain and suffering of your injury, as well as lost wages and other damages.
Call Legal Care New Jersey today at (732) 838-9769 for a free case evaluation with our motorcycle accident attorneys.
Injuries from a Motorcycle Accident in Passaic, NJ
Injuries from a motorcycle accident can come in various severities, from mild cuts and scrapes to severe back, neck, and brain injuries. Some injuries can be life-altering, like paralysis, amputations, and traumatic brain injuries. Others can leave you out of work and unable to tend to your daily tasks for weeks or months – injuries like broken bones and torn ligaments. Other injuries are somewhat unique to motorcycle accidents, such as road rash injuries (abrasions).
In a motorcycle accident, you should be able to claim all medical bills and expenses related to your care. That can include the cost of hospitalizations, follow-up appointments, and devices like crutches and wheelchairs.
Determining Fault in a Motorcycle Crash in Passaic, NJ
When you sue for a motorcycle accident, you have to determine which driver was at fault, and then you need to supply proof of that fault to the courts. Our motorcycle accident lawyers can investigate what happened and collect evidence to prove which driver was at fault, but it is important to understand how fault works and what courts look for when determining fault.
Elements of a “Negligence” Case
Auto accident lawsuits, including motorcycle accident suits, are usually based on a claim that the at-fault driver was “negligent” instead of claiming that they did it on purpose. A negligence claim is built on four major elements: duty, breach, causation, and damages. To prove that the other driver was at fault, you need to point to a breach of a legal duty, such as a traffic violation, that actually created the danger or caused the crash.
For example, if the driver hit you while speeding or after running a red light, that could constitute a breach of duty (i.e., breach of traffic laws) that could form the basis of your case. Other breaches can involve violations of general safe-driving standards based on reasonableness instead of black-letter law.
If what they did immediately caused a crash, the causation element is pretty clearly met. If another driver intervened with their own mistakes – or if something that you did contributed to the crash – then causation will be different.
Lastly, there must be damages – i.e., injuries and monetary harm that resulted from the crash. “Near-miss” crashes where no one actually crashed, got hurt, or suffered emotional distress cannot usually be grounds for a lawsuit.
Common Causes of Motorcycle Accidents
Motorcycle crashes are caused by many issues, but there are a few common causes that account for most motorcycle accidents. Speed is a factor in most crashes in general, but there are often other contributing causes as well. Running red lights and stop signs and swerving into other lanes without signaling are some of these other common causes.
Along with these, drunk driving, distracted driving, and tired driving are common reasons for accidents. When drivers are drunk, distracted, or tired, they often have worse control over their vehicle, poor decision-making abilities, and worse reaction times, leading to collisions.
Drivers might also fail to look out for motorcycles. When they are not looking for smaller vehicles, drivers often change lanes or brake without accounting for motorcycles next to or behind them. This inattention is unreasonably unsafe in many cases and can constitute fault.
When to Call a Motorcycle Accident Attorney in Passaic, NJ
You should contact a lawyer as soon as you can after your accident. A lawyer can help you focus your evidence-collection efforts and avoid missing important information and witnesses. We can also start keeping track of evidence like medical records and bills to help when it comes time to prove how much your case is worth. However, before we can do any of that, we need to hear from you.
Our lawyers will only be able to start work on your case after you call us and begin working with us. Any delays can delay the ultimate outcome of your case, pushing back when you can get your compensation.
Under New Jersey law, victims of injuries have only 2 years to file their lawsuit against the at-fault party. This means that you will certainly need to reach out to our law office earlier than 2 years after the accident so that we have time to build and prepare your case for filing before time runs out.
Delaying when you call a lawyer can also hurt your case. There is evidence that can be lost or destroyed even if you delay a few days before collecting it. If someone’s security cameras caught the accident on video, for example, that footage might be deleted within only a couple of days of the accident if you do not ask them to save a copy. Moreover, vehicle damage will be repaired and the accident scene will be cleaned up, making it harder to get photos of the aftermath.
Call Our Passaic, NJ Motorcycle Accident Lawyers
For a free review of your potential case, call the motorcycle accident lawyers at Legal Care New Jersey today at (732) 838-9769.