Compensation for Motorcycle Accidents
Just like motorcycle riders, motorcycle accidents are unique. There’s no way to estimate the damages that you’re owed following an accident without a review by an experienced attorney.
That’s a good thing. You want compensation that’s tailored to your particular situation. Your damages should cover your bills, not an imaginary injured person. You should have peace of mind about your financial future.
In general, there are some common types of compensation that you can expect to recover in the state of New Jersey.
Filing Statute of Limitations in New Jersey
The serious nature of motorcycle accident injures may mean that victims are reluctant or unable to contact an attorney for representation immediately following an accident. Don’t wait too long. There are a number of reasons why getting an attorney on your side sooner rather than later is important.
The state of New Jersey has a statute of limitations for when you can file a suit for accident claims. Motorcycle accident victims have two years from the date of their crash to file their claim in the New Jersey court system. If you fail to meet the deadline, your case can be dismissed.
This time frame is important even if you hope to reach a negotiated settlement with an insurance company. If the insurer offers you a low settlement or dismisses your claim, you might need to file in court. Make sure you have time to use the legal system to recover your due compensation.
Contacting an attorney early means that they’ll be able to investigate and secure critical evidence to your case before it’s lost or destroyed. By securing an attorney, you’re securing your rights and strengthening your case. That can make all the difference for your case and your financial compensation.
New Jersey Motorcycle Laws
Determining who is liable following an accident is a crucial step for all motorcycle accident claims. The State of New Jersey subscribes to a “modified comparative fault” rule to distribute compensation after an accident.
That means that when a jury reviews the evidence in an accident case, they take into account two main points: the total dollar amount of the victim’s damages and how fault for the accident should be distributed.
The percentage of fault that falls to you determines how much compensation you can receive. As an example, if a rider is found to be 20 percent at fault for causing an accident, and the driver is 80 percent at fault, then the rider will receive their total damages minus 20 percent.
If a party is found to be more than 50 percent at-fault for an accident, they won’t get any compensation under the modified comparative fault rule. Your lawyer can protect you from unreasonable accusations of fault that would limit your compensation.
New Jersey is a “no-fault” car insurance state. That means that no matter who’s to blame for the crash, you file an insurance claim with your own insurance company after a crash, not the other driver’s.
There are only a handful of situations where you can file a claim with the opposing driver’s company. Unfortunately, dealing with even your own insurance company can be complicated after a motorcycle crash.
Even if you try to handle everything outside of the court system, retaining a lawyer is a wise decision. They can help you negotiate with your car insurance company. They may be YOUR car insurance company, but that doesn’t mean that they have your best interests at heart. An insurance company is still a business that wants to turn a profit at the end of the day.
It’s important to follow New Jersey state laws. It protects your safety, of course, but it also protects your right to compensation in the event of a crash. Breaking a state law may allow an insurance company or lawyer to argue that you’re partially responsible for the crash. That could affect your settlement or judgment.
New Jersey state laws dictate the use and licensing of motorcycles in the state. All riders must have a motorcycle endorsement on their existing driver’s license or have a separate motorcycle license before they hit the road. All motorcycles must also be titled, registered, and insured in the state. New Jersey motorcyclists must wear a helmet that meets all DOT certification standards for safety. If you’re concerned about how these laws might affect your motorcycle accident claim, contact an attorney at Brach Eichler Injury Lawyers for a free consultation.
How an Experienced Motorcycle Attorney at Brach Eichler Injury Lawyers Can Help
Jersey City motorcycle accidents have serious consequences that can alter how you live and enjoy your life. Your injures, and their consequences can be overwhelming. The last thing you should have to worry about is paying medical bills. That’s where an attorney can help.
The law firm of Brach Eichler Injury Lawyers understands what you’re going through, and we have the tools to make even tough insurance companies respect your rights. Our attorneys know how to handle catastrophic motorcycle accident cases. We’ll work hard to fight for the compensation you deserve.
Negligent drivers should be held responsible for their actions, and you need to fair compensation to move on from your crash with a full financial recovery so you can focus on your health. We won’t charge you anything for our services unless we resolve your claim successfully.
Brach Eichler Injury Lawyers is firmly in your corner. Contact our office at (201) 583-5765 for a no-obligation consultation. Get the facts about your legal options. Call us today.