A motorcycle accident attorney in New Brunswick can provide critical guidance after a serious collision. Motorcycles are a fun and rewarding hobby but carry a significantly increased risk compared to other forms of transportation. The lack of protection leaves riders exposed and at risk of collision with vehicles and the road. A single accident can cause life-changing injuries that saddle you with debt and pain.

Brach Eichler Injury Lawyers dedicates itself to protecting the rights of the injured in New Brunswick. Our attorneys have decades of experience and have secured numerous multi-million-dollar settlements and verdicts for motorcycle accidents. If you have been harmed by a negligent actor, you deserve a chance to recover your losses. We can assume the legal legwork of filing your claim so you can prioritize recovery and rebuilding.

Contact Brach Eichler Injury Lawyers today or call (973) 364-8300 to see what a New Brunswick personal injury attorney can do for you.

Causes and Types of Motorcycle Accidents in New Brunswick

Motorcycle accidents make up about 8 percent of traffic fatalities in Middlesex County, according to data from the state’s Department of Law & Public Safety. Most motorcycle accidents in New Brunswick involve frontal collisions, and the majority occur when traveling north or south on major roads. Some of the most common causes of motorcycle accidents in the Garden State include:

• Distracted driving
• Speeding
• Impaired driving
• Improper lane changes
• Following too closely
• Ignoring traffic signals
• Motorcycle defects
• Left-turns
• Poor road conditions
• Inherently dangerous road design

Some of the most common types of motorcycle accidents include:

• Head-On Collisions – Head-on collisions are the deadliest accidents and occur when two vehicles going opposite directions collide. The rapid deceleration can throw riders from their seats over the hood and roof of the car.
• Rear-End Collisions – Even when mild, rear-end collisions on motorcycles are serious. Rear-end crashes happen when motorists follow too closely behind riders and don’t give them a wide berth.
• Fixed Object Collisions – A significant portion of motorcycle accidents involve collisions with fixed objects, such as guardrails, light poles, buildings, and trees.
• Road Rash Accidents – Riders can fall and slide across the road, which can cause serious abrasions to the torso, legs, and arms.
• Left-Turn Accidents – Motorcycles are also at risk when making left turns and might pull in front of oncoming traffic. Motorcycles are small, so motorists might not notice them turning across their lane.

Motorcycle Accidents and New Jersey’s No-Fault Insurance Rules

New Jersey is a no-fault state for car accidents. When two cars get into a crash, the drivers file a claim through their own personal injury protection (PIP), regardless of who is at fault. However, New Jersey’s PIP coverage rules only apply to the law’s definition of “automobiles” – a definition that explicitly excludes motorcycles.

As such, motorcycle riders are not part of New Jersey’s no-fault system. Motorcycles must still carry minimum liability coverage, but they cannot hold PIP benefits. When you are in a motorcycle accident, you file a claim directly against the at-fault party. If the at-fault motorist has a standard auto policy, their liability insurance will pay for your losses.

New Jersey’s motorcycle exclusion means victims must demonstrate the fault to recover compensation after an accident. However, victims can recover a wider range of compensation in a personal injury claim compared to a PIP claim. PIP coverage only pays for certain economic losses, but a personal injury claim can recover money for noneconomic losses (e.g., pain and suffering) as well.

Who Is Liable for Motorcycle Accidents?

Several entities can bear responsibility for a motorcycle accident. A key part of a motorcycle accident claim is investigating the accident and identifying the causal sequence of events. This allows investigators to identify entities that are causally and legally responsible for your injuries.  Liable parties in a motorcycle accident case might include:

• Motorists – Most motorcycle accidents are caused by driver negligence. Cars have blind spots that can impede motorcycle visibility. Cars may also try to pass motorists unsafely or cut them off when changing lanes.
• Vehicle Manufacturers – In some cases, motorcycle accidents happen because a defective bike part fails, such as tires, wheels, steering forks, chains, and sprockets. If a defective part causes a motorcycle accident, you can file a product liability claim against the manufacturer.
• Construction Crews – Construction crews can be liable if their activity creates road hazards leading to accidents. For instance, a crew might reroute traffic dangerously, causing a motorcycle rider to collide with a car or truck.
• Local Governments – Some roads have an inherently dangerous design or poor maintenance that contributes to accidents. Local municipalities and governments can be held responsible for injuries caused by unsafe road designs or insufficient upkeep.

Compensation You Can Recover in a Motorcycle Accident Claim

Depending on the circumstances surrounding your accident, the attorneys at Brach Eichler Injury Lawyers can pursue compensation for your:

• Emergency medical bills and continuing medical expenses
• Lost work income (e.g., hourly pay/salary, bonuses, commissions, tips, etc.)
• Differences in pre- and post-injury lifetime projected earnings
• Out-of-pocket injury expenses
• Pain and suffering
• Quality of life reductions
• Emotional distress
• Property damage

We are experienced in managing these high-value claims and will look past typical injury expenses when calculating your losses. Our goal is to be as comprehensive as possible with compensation, giving you an adequate financial base to facilitate healing and provide relief.

New Jersey’s Motorcycle Helmet Laws and Comparative Negligence

New Jersey has universal motorcycle helmet laws requiring all riders to wear a DOT-approved helmet, regardless of age or riding experience. Failing to wear a helmet is not only dangerous but could reduce how much you could recover in a lawsuit.

The reason has to do with New Jersey’s comparative negligence laws. Comparative negligence limits the amount of compensation victims can recover in injury claims if they share fault for their injuries. Failing to wear a helmet arguably constitutes negligence and imputes liability, thus reducing any final settlement.

Whether or not failing to wear a helmet counts as negligence depends on whether it would have mitigated injuries. If you sustained a head injury, for example, a lack of a helmet would likely count as negligent behavior. An attorney can argue against attempts to shift blame to you and maximize your compensation by minimizing shared fault.

How Long Do I Have to File a Motorcycle Accident Claim in New Brunswick?

According to New Jersey law, injury victims have two years to file a civil lawsuit for a motorcycle accident. The statute of limitations places a hard limit on how long you have to seek compensation. Once the two years pass, any legal claim to damages will expire, and you won’t be able to recover compensation.

Even though you technically have two years, you should start as early as possible when evidence is fresh. The longer you wait, the harder it will be to show proof of the at-fault party’s liability and the extent of your injuries. Starting early reduces the chances of payment delays or denials.

Motorcycle Accident FAQ

Motorcycle accidents are complex by nature, and our clients naturally have many questions about the motorcycle injury claims process and settlements.

How can a motorcycle accident attorney in New Brunswick help me if the driver of the other vehicle claims I was speeding?

Your claim is only as strong as the evidence you provide. If the at-fault party claims you were speeding, your attorney can appeal to evidence to contradict their narrative. Evidence like videos, car computer data, and expert testimony can paint an accurate recreation of the accident, demonstrating ultimate responsibility.

What challenges do I face when pursuing a motorcycle accident case in New Brunswick compared to a car accident?

Injuries from motorcycle accidents are very expensive to treat, which inflates the value of a motorcycle claim. High-value claims generate intense scrutiny, especially when permanent injuries have long-term effects on one’s income and earning potential. Moreover, societal bias against motorcycle riders can impact determinations of fault. Many perceive motorcycle riders as risk-takers and are more likely to assume they were responsible for an accident. Combatting these biases is particularly relevant in cases that go to a jury trial.

How can a motorcycle accident lawyer in New Brunswick help me if my injuries are long-term or permanent?

Long-term permanent injuries carry atypically high medical costs and incur several other long-term expenses. It can be difficult to fully demonstrate the financial impact permanent injuries have on one’s life. Insurance companies treat claims with high values with much more scrutiny, and are likely to deny or dispute them. An attorney can pressure insurance companies and structure your case’s narrative to argue persuasively concerning the impact of your injuries.

Contact a New Brunswick Motorcycle Accident Attorney at Brach Eichler Injury Lawyers Today

The aftermath of a serious motorcycle accident can be chaotic and uncertain. However, you can be certain of the skills and knowledge of Brach Eichler Injury Lawyers. We dedicate ourselves to protecting the rights and well-being of the injured and can provide relief in your difficult circumstances. Contact Brach Eichler Injury Lawyers online or reach out at (973) 364-8300 to schedule a meeting with a New Brunswick personal injury lawyer. We are available 24/7, so call us anytime that’s convenient for you.