It can be challenging to understand what happened in the moments following a motorcycle accident. You may be injured, confused and disoriented. While ensuring you get the medical care you need is probably the most important thing to think about, you likely have questions. We have you covered, our motorcycle accident lawyers have a list of some of the most common questions, along with their corresponding answers in the article below.
While the following FAQ can be extremely helpful after an accident, as a victim, you have legal options to think about. It's best to consult with a NJ motorcycle accident lawyer for direct answers related to your specific case.
The lawyers at Brandon J. Broderick, Attorney at Law are available 24 hours a day, 7 days a week to answer your questions and begin the process of getting the client compensation for their damages.
New Jersey Motorcycle Accident FAQ
1. What Should I Do When a Motorcycle Accident Occurs?
Get medical attention for anyone who has been injured first. If you can, move your motorcycle out of the path of oncoming vehicles if it is blocking traffic. Obtaining the insurance details of the other driver is next, so you can submit a claim later.
2. Should I Seek Medical Care?
Yes, following the accident, you should visit a doctor. Since your body may still be in shock after the accident, oftentimes, you may not realize how injured you may be or that you are even injured at all. If you fail to seek medical care and symptoms manifest later, this could impact your chances for compensation for your injuries in a claim.
3. Should I Report The Accident To Police?
You must notify the police if anyone was killed, suffered a serious injury, or if there was significant property damage (generally $1,000 or more).
4. How Much Time Do I Have To Submit A Claim?
In New Jersey, the statute of limitations is two years after the accident. Any claims filed after that time will likely be denied. There are cases where the statute of limitations is significantly shorter, such as if you are filing a claim against a municipality or government entity.
5. What If The At-Fault Driver Has Insufficient Insurance Coverage?
If you want to get paid for your damages, you must submit a claim to the insurance company of the other party. No-fault insurance doesn’t apply to motorcycle riders. Fortunately, as long as you didn't cause more than 50% of the motorcycle accident, you have the right to seek financial compensation for your medical expenses and other losses.
If you are seeking further coverage and the at-fault party doesn't have sufficient coverage or no coverage at all, your uninsured/underinsured motorist policy will help supplement the costs. A minimum amount of Uninsured/Underinsured Motorist Coverage is required.
6. Is A Helmet Required To Ride A Motorcycle?
A helmet is required by law if you are riding or operating a motorcycle. New Jersey Helmet Law P.L. 39:3-76.7 states: "No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the federal DOT. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides." Be sure to familiarize yourself with the legislation in your state because they differ from state to state.
What If I Wasn't Wearing A Helmet?
Since it is a state law, not wearing a helmet is not only illegal, it may come with a fine, and if you were injured, your insurance company would deny your claim for compensation.
7. What If My Insurance Company Doesn't Cover All Of My Damages?
You have the option to sue the other motorist to recover damages if the insurance company makes an unfair settlement offer. You must prove that the other driver was at-fault and negligent.
8. What Is "Comparative Negligence"?
According to the percent to which the driver's fault contributed to the injury, the damages that can be recovered in a negligence-based claim are reduced by their percentage of fault under comparative negligence rules.
9. If I Was A Passenger In A Crash, May I File A Claim?
Anyone hurt in a motorcycle accident has the right to sue the responsible party. You can submit a claim to the negligent driver's insurance if you were a motorcycle passenger.
10. When Should I Consult A Lawyer?
Motorcycle accidents can involve many complicated details. Lawyers are familiar with the law and the challenges that arise after motorcycle accidents. Their help can significantly impact your ability to hold the insurance company and at-fault driver responsible.
The Brandon J. Broderick Law Firm Can Help You
No matter how severe your injury may be, if you are not at fault and are involved in a motorcycle accident, you may be entitled to compensation. You should speak with a NJ motorcycle accident lawyer to give you the best chance of obtaining a fair settlement or payout.
A motorcycle rider who sustains injuries in an accident brought on by a careless driver may also file a personal injury lawsuit to obtain damages for their losses. Property damage, medical costs, missed wages, diminished future earning ability, and pain and suffering are all compensable losses.
Do not hesitate to get in touch with Brandon J. Broderick, Attorney at Law for further information. We do not charge for a consultation and do not receive any payment from you until we are successful in your case.
Contact us today to schedule an appointment.