Do you have any injuries from a motorcycle accident? It's easy to let the suffering and anger consume you. Medical bills and other costs incurred as a result of a motorcycle accident can add up quickly. Luckily, there are legal actions you take to ensure that these losses are recovered.
In this article, we will list some important things to remember regarding compensation after being injured in a New Jersey motorcycle accident. However, it's up to you to follow our recommendations to improve your chances. This includes retaining the services of a legal professional.
Our goal at Brandon J. Broderick, Attorney at Law, is to assist every client in pursuing full compensation from the responsible party. Do not hesitate to call us to schedule a no-cost consultation with our team of New Jersey motorcycle accident lawyers. When you've been injured due to someone else's negligence, you have a right to seek compensation for your losses and we will help you do that.
How Does Liability Work in a New Jersey Motorcycle Accident?
It doesn't matter who is at fault during a motorcycle accident in New Jersey, because it is a no-fault state. Whether the collision was your fault or the other driver's fault, your personal PIP insurance policy covers the costs of medical treatment. However, there's more to it than that.
Serious injuries are common in motorcycle accidents, and medical costs are usually greater than what your PIP insurance covers. If this occurs, it's important to identify the accident's cause.
A modified comparative fault system (51% rule) is used in New Jersey. In this system, it must be determined that you have contributed less than 51% to the accident in order to be entitled to damages for any personal injuries.
Your insurer will look into your claim after you report it to determine who is at fault. Keep in mind, both parties may be at fault. To determine how much fault each party carries, your insurer will consider information such as police reports, witness testimony, driver's stories, and other types of evidence.
The insurance provider will take the percentage of your liability into account when determining how much compensation from other drivers you would otherwise be entitled to. It's also important to note that you cannot seek compensation from the other driver if you are 51% or more at fault in the accident.
Damages In A Motorcycle Accident
In the event of a motorcycle accident, you may be entitled to fair compensation for your injuries, otherwise known as "damages." This is paid to reimburse a victim for their accident-related expenses.
The following losses are recoverable following a motorcycle accident:
- Medical costs, including hospital visits, surgeries, medication, and other medical treatments.
- Lost wages, including income you have missed in the past and the future for time away from work due to the injury.
- Compensation for the loss of consortium and/or the inability to enjoy regular activities.
- Pain and suffering.
- Property damage.
- Wrongful death: If a loved one died in a motorcycle accident, you may be eligible to pursue compensation for their expenses in addition to your own claims, such as emotional distress.
What To Do After A Motorcycle Accident
There's a few steps that should be taken immediately after you are injured in a motorcycle accident. Follow them and you will give yourself the best chance at collecting compensation either in settlement or at trial.
Seek Medical Care
It is imperative that you get medical care as soon as you can if you are in a motorcycle accident. Nearly half of all injuries suffered during a motorcycle accident are serious, so getting medical care right away could save your life, or at the very least, prevent long-lasting problems to your health.
A serious motorcycle accident injury can change your life. You need to get to a hospital as quickly as you can if you weren't taken away from the scene in an ambulance. Compared to someone who has been hit by a car or truck, your chance of internal bleeding is a lot higher.
Without seeing a doctor, you run the risk of making your injury worse. You also run the risk of making it more difficult to pursue compensation. It can be challenging to prove your injuries to the insurance company of the at-fault party without medical documentation.
Do Not Talk To The Other Party's Insurance Company
The last thing you want to do is offer the insurance provider for the at-fault party a reason to lower the amount of compensation they are going to pay you. You want to receive the maximum compensation you are due for your losses. But, their job is to use every tactic they can to avoid paying you.
They're attempting to get you to agree to speak with them about your motorcycle accident when they contact you. When this happens, do not make a statement to them. They are skilled at getting you to say something that will allow them to give you less money. Instead of answering, refer them to your motorcycle accident attorney, who will handle any and all communication with the insurance company.
Our Motorcycle Accident Lawyers Can Assist You
You should speak with one of our New Jersey motorcycle accident lawyers following an accident, especially if you've suffered injury. We will manage your case, including all communication with the insurer and get you the compensation you need to cover your losses. If you opt to go without a lawyer, you run the risk of receiving an unfair compensation.
You don't have to pay anything up front when you hire Brandon J. Broderick as your motorcycle accident lawyer. We only collect a fee if we win.
Get in touch with us right now for a free consultation. We can discuss your case, offer advice and help you find a favorable resolution.