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Motorcycle Accident Lawyer in New Jersey

Motorcyclists are injured not by “accident”, they are injured by negligence. Negligence of other careless drivers of cars, trucks, or busses is the cause of most motorcycle crashes. Unfortunately, their negligence causes injury that includes pain, suffering, and disfigurement. Financially, these life-changing injuries cause lost income and piled on debt due to unpaid medical bills.

Sometimes the cause of a motorcycle accident is clear. However, too often police and dangerous drivers place blame on motorcycle riders for causing or contributing to a motorcycle accident. The truth of the matter that most motorcycle operators ride their bikes with care, safety, and caution. Still, that affords no protection from negligent and careless drivers.

 

How to Win a Motorcycle Accident Case in New Jersey

We know firsthand. Many of our Davis, Saperstein & Salomon, P.C. personal injury lawyers and partners are licensed, motorcycle enthusiasts. Our personal biking experience makes us effective advocates for the rights of motorcycle riders, especially injured motorcycle riders.

As motorcycle enthusiasts and riders, we are effective lawyers for motorcycle riders. Our attorneys have ridden highways ranging from the New Jersey Turnpike to the roads of Sturgis, South Dakota. Garry Salomon and Sam Davis know and understand motorcycling through decades of riding experience.

Our years of experience in reconstructing and settling motorcycle accidents taught us that there are some common causes of motorcycle accidents and some common motorcycle injuries as well.

To win a case a skilled lawyer must prove :

  1. The cause of the accident (LIABILITY)
  2. The Injuries were caused by the accident (CAUSATION)
  3. The money you deserve (DAMAGES)

Liability

Too often, New Jersey motorcycle accidents are caused by inattentive or distracted drivers or drivers claiming they simply didn’t see the rider. Driver negligence or recklessness is typically the root cause of serious motorcycle accidents. Unfortunately, the injured motorcyclist is often the one who ends up paying the price for another driver’s negligent actions.

While numerous factors can result in serious motorcycle accidents on New Jersey roadways, some of the most common causes of motorcycle accidents in New Jersey include:

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Causation

Motorcycles do not have the same safety features that most modern cars now include. There are no airbags and no seatbelts. There aren’t 3,000-pounds of steel between you and disaster. There is only a helmet and your clothing. This means that riders involved in accidents are much more likely to suffer severe and even fatal injuries.

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Damages

Lawyers and Judges handling motorcycle cases use the term “damages” to describe the harms and losses to the injured biker or their passengers. This includes:

  1. Physical harms suffered by an injured motorcyclist, meaning all injuries, surgeries, permanent disability, and disfigurement plus all pain and suffering, past, present, and future.
  2. Past, Present, and Future Income Losses.
  3. Past Present and Future Medical bills and expenses.
  4. Quality of life losses. For example, it is a true loss to the motorcycle rider to no longer enjoy riding for both transportation and social reasons. Similarly, the inability to participate in sports, exercise, hobbies, household chores, etc. is all part of the damages in a motorcycle injury claim.
  5. Husband or Wife’s claim. If the injured motorcyclist is married, then their husband, wife, spouse, or domestic partner may also have a claim for their financial losses as well as their losses of intimacy which is legally known as loss of society and consortium.
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In New Jersey, proving the cause of a motorcycle traffic collision is a major requirement in winning a fair settlement or jury verdict giving you and your family the money they need and deserve. You need the aggressive representation that only an experienced New Jersey law firm like Davis, Saperstein & Salomon, P.C. can provide. A motorcycle accident lawyer will investigate your case meticulously to help show why the other driver was responsible for the accident that injured you.

Are you ready to discuss your case? Contact us now to set up a free consultation.

What to Do After a Motorcycle Accident

1. Don’t destroy the bike. Preserve it for examination.

2. Photograph the motorcycle and all injuries.

3. Hire the right personal injury lawyers who get paid only if you get paid.

If you have been injured in a motorcycle accident, contact an experienced motorcycle accident lawyer who regularly stands up in court for motorcycle riders. If you or a loved one has been injured or killed in a motorcycle crash, call our New Jersey or New York motorcycle team in any of our many offices for a free initial consultation.

What Are the Injuries Caused by Motorcycle Accidents in New Jersey

According to New Jersey’s Office of the Attorney General, there were 525 fatal crashes with 564 people who died in New Jersey crashes during a recent year. Men were almost 17 times more likely to die in a motorcycle crash than women.

Studies have indicated that motorcycle accidents can leave riders scarred and disfigured, dealing with the lasting consequences of traumatic injuries. In some circumstances, the size of the bike and the age of the rider can also indicate the likelihood of sustaining fatal injuries from a collision.

Overall, some of the most common injuries caused by motorcycle accidents include:

Possible Compensation in a Motorcycle Accident Injury Claim

Unfortunately, many motorcycle accidents lead to catastrophic injuries. A victim’s life may never be the same after a serious accident. However, our dedicated New Jersey motorcycle accident lawyers will fiercely pursue compensation for your motorcycle accident to help ease the financial burden.

Depending on the circumstances surrounding the collision, you may be able to receive compensation for:

  • Medical expenses, for past, present, and future medical treatment for injuries caused by the accident
  • Lost wages and benefits for the time you miss from work to seek medical treatment, for a hospital stay, or while recovering from the injury
  • Lost earning capacity if you are unable to return to work after the injury
  • Pain and suffering
  • Emotional distress and mental anguish for the emotional toll the accident has on your life
  • Loss of consortium if your accident has negatively affected your relationship

How to Choose a Motorcycle Accident Lawyer in New Jersey

Not all injury attorneys have the same experience or have handled every type of accident case. If you have been severely injured in a motorcycle accident, you need an attorney with specific experience when it comes to handling the intricacies of a motorcycle claim. Motorcycle accident claims are not the same as car accident claims. An experienced attorney and fellow motorcycle enthusiast understand this important dynamic and can use their knowledge to advance your claim.

Unfortunately, there is still some bias against motorcycle riders, especially when it comes to getting them the compensation, they need following a serious accident. Those who enjoy the freedom of the open road on two wheels aren’t all “reckless” or “looking for trouble,” and yet that’s what an injured rider may end up feeling like when it comes to filing a claim.

Some insurance adjusters may immediately jump to the conclusion that since you were on a motorcycle, you must be at fault. This assumption can color the outcome of your claim and leave you with less money than what you may be entitled to.

The motorcycle accident attorneys with Davis, Saperstein & Salomon in New Jersey have extensive experience handling motorcycle accident claims. We understand the biases and negative connotations that can influence the handling of motorcycle claims. Since our office has several motorcycle enthusiasts, including Sam Davis himself, we know what it takes to pursue a successful motorcycle accident claim.

We are fiercely aggressive when it comes to protecting the rights of motorcycle riders and fighting for fair compensation for their injuries and expenses. If you want an attorney who can truly understand and appreciate the difficult situation that you now find yourself in, count on the team at Davis, Saperstein & Salomon. Helping motorcycle riders is what we do because that is who we are.

personal injury lawyers in New Jersey from DSS Lawpersonal injury lawyers in New Jersey from DSS Law

The Difference with Davis Saperstein & Salomon P.C.

When you choose to retain Davis, Saperstein & Salomon, you get:

  • Results That Matter—Davis, Saperstein & Salomon’s Motorcycle Practice group has decades of results including some of the largest settlements in New Jersey. Several motorcycle cases have settled in the millions and several over $4,000,000 in damages.
  • Experience – Our law firm has been around since 1981. That’s 40 years of experience that we bring to the table. During this time, we have secured more than $500 million in verdicts and settlements for our clients throughout New Jersey and New York.
  • Personalized attention – We have more than 25 personal injury attorneys on our team, so you have the support and resources for your claim. Our staff speaks Spanish, Polish, Italian, Russian, Korean, Portuguese, Chinese, and Greek, and we have translators for many other languages to help us better understand and meet your needs.
  • Convenience – We have many office locations all over New Jersey and NYC. We can meet with you wherever is most convenient for you. We also offer video meetings over FaceTime, Zoom, Skype, and other platforms, if you prefer. Hospital visits are available as well.
  • Passion – We’re fiercely passionate about protecting the rights of accident victims and demanding full compensation for our clients when someone else’s negligence derails their lives.

Steps in a New Jersey Motorcycle Accident Injury Claim

Being involved in a serious New Jersey motorcycle accident can be a frightening experience. You may be disorientated, in pain, and unsure what steps you should take next. When you turn to an experienced motorcycle accident attorney, they can help you understand the value of your claim and guide you through every step of the injury claims process, which will generally include:

Seeking Medical Attention

Immediately after a crash, your number one priority must be your health and safety. Even if your injuries seem mild, see a doctor as soon as possible. Concussions and other serious injuries can begin with minor aches and suddenly turn deadly if not caught and treated quickly. After your initial medical exam, be sure to attend all of your doctor appointments and follow your treatment plan. Failing to do so could give the other side reason to claim you’re not taking your injuries seriously.

Investigating the Accident

Your law firm’s attorneys and accident investigators should thoroughly investigate your accident to gather crucial evidence to help determine the cause of the crash, such as:

  • Accident reports
  • Photos or videos of the accident scene
  • Damaged motorcycle parts
  • Medical records
  • Eyewitness statements
  • Reports and statements from accident reconstruction specialists and medical experts

Filing the Claim

In most types of motor vehicle accidents in New Jersey, drivers first turn to their no-fault personal injury protection (PIP) insurance, which covers medical costs and a portion of lost wages. However, motorcyclists are generally not covered under PIP insurance in New Jersey, which means, in the event of a serious injury, they need to turn to the at-fault party’s liability insurance policy. Your attorney can review the at-fault party’s liability policy and determine the coverage that applies to your claim. Then, they will submit a demand letter to the insurance company containing an overview of your injuries, the legal basis for your claim, and the amount you are seeking in compensation.

Negotiating a Settlement

Your attorney will use the strength of the case they’ve developed on your behalf to negotiate skillfully for full and fair compensation. This usually includes a back-and-forth process involving offers and counteroffers until a fair settlement offer is reached.

Reviewing Settlement Offers

Your attorney will keep you updated on every development in your case and review settlement offers with you. If you receive a fair offer and agree to it, you’ll sign a settlement agreement.

Suing the Negligent Driver by Filing a Lawsuit

If the other side refuses to offer you a fair settlement, we will take your case to court. In court, your attorney will fight aggressively for the outcome you deserve. Your legal team will also make sure your lawsuit is filed within New Jersey’s two statutes of limitations, or time limit, for motorcycle accidents for filing a lawsuit for your case.

If you fail to file your lawsuit within the statute of limitations, you may lose your right to compensation. The statute of limitations for motorcycle accidents in New Jersey is typically two years from the date of the accident. However, it is important to know that if the defendant driver is driving for any town, county, state, or any other governmental entity, there is a 90-day tort claim notice that must be filed in time, otherwise, a lawsuit may not be brought against such driver and governmental entity.

Motorcyclist Laws in New Jersey

All drivers have an obligation to look out for the safety of others such as motorcycle riders, pedestrians, bicyclists, skateboarders, and anyone else on a roadway. Even the laws in the State of New Jersey that specifically apply to motorcycles recognize that it was not your fault. The New Jersey Driver Manual clearly states:

“Before turning, a motorist should: check for less visible vehicles such as motorcycles, bicycles and mopeds.”

Additionally, the New Jersey Driver Manual clearly warns other drivers:

Be alert the laws governing four-wheeled vehicles such as cars and trucks also govern motorcycles. However, a motorcycle rider may react differently to situations when compared to other motorists. Always keep in mind several key items when sharing the road with motorcycles.

  • Be aware of slippery, sloped or uneven surfaces, or grooves and gratings in the roadway. These present potential hazards for motorcycle riders.
  • Check blind spots twice before changing lanes or making turns. Watch for motorcycles at intersections when making a left turn.
  • Always signal your intentions.
  • Anticipate that motorcycle riders maneuver to avoid obstructions that may be minimal to a car or truck, but dangerous to a motorcycle.
  • Always leave plenty of room between an automobile and a motorcycle.
  • Never follow a motorcycle too closely because motorcycles have the ability to break within shorter distances than other types of vehicles.

When passed by a motorcycle, a motorist should maintain his/her speed and position. Allow plenty of room for the motorcycle to complete and pass and resume proper Lane position.

A motorist’s failure to detect and recognize motorcycles in traffic is the most common cause of motorcycle crashes.

The law requires all drivers to look out for blind individuals crossing the street and NJ motor vehicle law applies the same observation standard to look for motorcycles.

Contact Davis, Saperstein & Salomon, P.C. Today for Help with Your Motorcycle Injury Lawsuit

If you’ve been injured in a serious motorcycle accident, get a results-oriented attorney on your side as soon as possible. Don’t let insurers take advantage of your situation or make inaccurate assumptions about your claim simply because you choose to travel by two wheels instead of four. Bias and personal judgments about motorcycles and riders should never play a role in determining who was at fault or how much your claim is worth.

If you find yourself involved in a serious New Jersey motorcycle accident, contact our law firm that understands you and your unique situation. Contact Davis, Saperstein & Salomon. We know how to help you navigate the complicated process of submitting a motorcycle accident injury claim. We want to help you pursue the maximum amount of compensation possible. You have rights – let us fiercely protect them. Contact Davis, Saperstein & Salomon today to learn more about how we can help you.