It's a thrilling experience to ride a motorcycle, but debris on the road may be present and can be extremely dangerous. Even expert riders may be involved in an accident when road debris is present. When this happens, it can be difficult to identify who may be liable for damages.
Motorcycle accident attorneys – such as the team at Brandon J. Broderick, Attorney At Law – are able to navigate the special circumstances that may arise from a motorcycle collision of any kind.
Road Debris That Motorcycles May Encounter
Objects or debris in the road can present a risk to anyone driving, including someone on a motorcycle. Below are typical kinds of debris, such as:
- tires or chunks of tire from a blow-out
- pieces left behind from a car accident
- broken auto parts
- trash or items discarded from other vehicles
- packages or loads that have dropped from trucks
- Rocks, pieces of pavement or gravel
- Water or oil that has been spilled or leaked
- Broken branches or fallen trees
- Damaged roads
- Animals: alive or deceased
A motorcycle accident can result in a fatality, even if a minor object on the road caused it. When you're in a vehicle, you are afforded more protection, but on a motorcycle, you are more prone to severe or fatal injuries.
Who is Liable in a Motorcycle Accident?
If you're involved in an accident that was caused by debris in a roadway, what happens after? There is not a single answer to this question. The aftermath will depend on the situation. Because New Jersey is a no-fault state, each driver's insurance coverage is responsible for their own medical costs, regardless of who or what caused the accident. However, when a severe injury occurs, such as a traumatic brain injury or a spinal cord injury, your insurance coverage may not be sufficient to pay for all medical expenses or other losses, such as pain and suffering.
It might be difficult to establish who is responsible for road debris that causes a dangerous road hazard. In cases where objects have fallen from a vehicle days or even weeks prior to the accident, identifying the at-fault party can be extremely difficult, even if there was a witness who saw the piece fall from the vehicle.
If the source of the object was identified, discussing the details with a motorcycle accident lawyer like Brandon Broderick is highly recommended. Brandon can help you identify all possible culpable parties. In a scenario where a tractor-trailer caused a motorcycle accident, many parties – including the driver, trucking company, and company that loaded the cargo – may be responsible for damages. Consider this second scenario: when a garbage can or other debris that originated in someone's yard, the homeowner may be liable.
A personal injury lawyer will hire professionals like accident reconstruction specialists that can assist in determining how an accident occurred and who may be held responsible. The lawyer can also help accurately evaluate your claim. The last thing you want to do is undervalue the claim you may have and accept less than what is owed to you from a motorcycle accident-related injury. If there is a death that stemmed from the accident, a motorcycle attorney can even help in filing a wrongful death claim against the liable parties.
Filing a Claim Against The City or Municipality
Some motorcycle accidents may have a legitimate claim against a government body if the road was left in a poor condition or debris was not removed in a timely manner. While you may have a case in New Jersey, it is still difficult to successfully file a lawsuit against state or municipal entities because they have specific safeguards against some forms of liability.
If you decide to file a personal injury claim against a municipality, there are also certain processes that must be followed. A New Jersey motorcycle accident attorney is able to examine your case and advise you on all potential motorcycle settlement possibilities.
How To Prevent Motorcycle Accidents From Road Debris
The best way to drastically reduce the chances of being involved in an accident or getting injured involving road debris is to maintain awareness and vigilance when riding a motorcycle. Other steps you can take are:
- Monitor the road ahead of you, so you can anticipate potential dangers as soon as possible.
- Maintain a larger distance between yourself and the vehicles ahead.
- Do not speed and travel at a safe rate of speed.
- Animals can appear at any time, so be aware of this, especially in the evening.
- Wear the necessary gear to protect yourself from harm, including a helmet, boots, a jacket and long pants.
Contact a Motorcycle Accident Attorney For Help
If you sustained significant injuries, feel the accident was the result of another person's negligence, or were injured, you should discuss your case with a motorcycle accident lawyer. When you retain an attorney, they will manage your case, which will include all contact with the insurance company and work toward compensation you deserve for your motorcycle accident. Without legal representation, you are taking a chance of getting rewarded unjustly.
When you choose Brandon J. Broderick as your motorcycle accident attorney, you pay nothing in advance. We only take payment for our services if we win your case. If we lose, you do not pay. Contact us immediately for a free consultation. With our track record of achievement and dedication to client care, we can help you recover from your setback.