Motorcycle Accident Attorneys in Roseland

The Roseland motorcycle accident attorneys of Brach Eichler Injury Lawyers are here to help if you were injured in a collision. Motorcycle accidents often result in serious injuries due to riders not having the same safety features protecting them as other vehicle drivers and passengers. There are no metal frames, crumple zones, airbags, or seat belts to lessen the impact of a collision.

If you suffered injuries resulting from a motorcycle accident, contact our New Jersey law firm at (973) 364-8300 for a free consultation with an experienced member of our legal team. Our lawyers are prepared to handle your case from the initial investigation through negotiating with insurance companies and representing you at trial.

Common Injuries Caused by Motorcycle Accidents

Some of the most common and serious injuries suffered by riders in motorcycle accidents include:

• Traumatic Brain Injuries: TBIs result from the brain striking the inside of the skull after an impact to the head or from a penetrating injury. In severe cases, these injuries can cause permanent cognitive and physical disability. While motorcycle helmets can’t completely protect against TBIs, they help and are required for all riders under NJ Revised Statutes Section 39:3-76.7.
• Spinal Cord Injuries: SCIs are caused by damage to the nerves running along the spinal column. These injuries can range from chronic back pain or tingling in the extremities to partial or complete paralysis.
• Broken Bones: Motorcycle riders are at particular risk of broken arms, legs, and ribs caused by colliding with vehicles, fixed objects, and the pavement. Certain equipment can protect against some injuries, such as riding boots that can protect ankles from breaking.
• Road Rash: This is an abrasion injury riders can get when sliding across the pavement after a crash. Wearing pants and long-sleeved riding jackets can reduce the severity of road rash injuries.
• Internal Organ Damage: Colliding with vehicles, fixed objects, and the pavement can cause severe internal injuries, such as ruptured organs, that require immediate medical attention. Sometimes, these injuries may not immediately exhibit symptoms, causing riders to initially believe they are fine.

Fault-Based Insurance Claims

Unlike other motorists, motorcycle riders are excluded from New Jersey’s no-fault auto insurance system. NJ Revised Statutes Section 39:6A-4.3 states that personal injury protection (PIP) coverage applies to all automobiles in the state. However, NJ Revised Statutes Section 39:1-1 defines automobiles as “all motor vehicles except motorcycles.”

This means riders must seek compensation for their injuries through fault-based insurance claims or personal injury lawsuits. The required minimum insurance coverage for motorcycle riders in New Jersey includes:

• $25,000 per person and $50,000 per accident in bodily injury liability
• $25,000 per accident for property damage liability
• $25,000 per person and $50,000 per accident in uninsured/underinsured motorist coverage for bodily injury

Drivers with standard insurance policies must also have these minimum amounts of liability coverage. You will file your auto insurance claims against this coverage after a motorcycle accident. However, because these are fault-based insurance coverages, you must present evidence showing the driver is primarily at fault for the accident.

Who Could Be Liable for Your Roseland Motorcycle Accident Injuries?

Depending on how the motorcycle accident occurred, various parties could be liable for your injuries. These parties include:

• Other Motorists: Many motorcycle accidents are caused by distracted or otherwise negligent motorists. That includes those who don’t yield the right-of-way to motorcycle riders or fail to check their mirrors before merging into a rider’s lane.
• Vehicle Manufacturers: If a defective vehicle component, such as a faulty brake, contributed to the accident, the motorcycle manufacturer may be liable for the resulting injuries.
• Safety Equipment Manufacturers: If defective safety equipment, such as a helmet that doesn’t meet Department of Transportation standards despite claiming to, worsens your injuries, the manufacturer could be liable.
• Government Entities: Poor road conditions, such as large potholes, uneven pavement, and inadequate drainage, can contribute to motorcycle accidents. In these cases, the government entity responsible for maintaining the road may be liable. However, additional rules apply when suing the government, such as NJ Revised Statutes Section 59:8-8, which states you must file a notice of claim against the at-fault entity within 90 days of the accident.

Proving Liability After a Motorcycle Accident

Because you will need to prove the at-fault party’s liability to recover compensation after a motorcycle accident, it’s crucial that you work with an experienced lawyer who can gather the evidence you need. Some of the most effective evidence in motorcycle accident cases include:

• Traffic Camera Footage: Busy intersections, such as the one where Eagle Rock Ave and Livingston Ave meet, often have traffic cameras that can capture collisions or the events leading up to or directly following them. Security, dashboard, and helmet camera footage can also be useful.
• Accident Scene Photographs: Photographs showing the vehicles involved in the accident, your visible injuries, skid marks on the road, and relevant traffic signs and signals can help establish how a collision occurred.
• Eyewitness Statements: Other drivers or passersby who witnessed the accident can provide statements that back up your version of events. Such statements could include additional information helpful in identifying how the accident happened.
• Expert Testimony: Your lawyer may hire various experts to testify on specific aspects of your case. They could hire a medical professional or a crash reconstruction specialist. These professionals can testify about your injuries or the factors that contributed to the accident.
• Medical Records: Your medical records are instrumental in proving the veracity and extent of your injuries. They include medical images, treatment plans, and notes written by your treating doctors.

Deadline for Filing a Motorcycle Accident Claim in New Jersey

Under NJ Revised Statutes Section 2A:14-2, injured motorcycle riders have two years to file lawsuits against the parties responsible for the accidents that harmed them. Failure to file your lawsuit within this period will result in losing your ability to recover compensation for your injuries.

Frequently Asked Questions

Below, we’ve answered some of the most frequently asked questions about motorcycle accident claims in Roseland, New Jersey.

How does a motorcycle accident claim differ from a car accident claim in Roseland?

Motorcycle accident claims differ from car accident claims in Roseland primarily because motorcycle riders aren’t covered by PIP insurance. Most injured drivers and passengers can seek compensation for their medical expenses and lost wages through a PIP claim. New Jersey’s no-fault insurance system streamlines the claims process by removing the need to prove fault.

Motorcycle riders, however, must prove that another party is responsible for their injuries to seek compensation for their medical expenses and lost wages from that party’s liability insurance policy. This can be particularly challenging if the insurance company automatically assumes the rider was at fault for the accident, which is why working with an experienced lawyer is vital.

Can I sue for a motorcycle accident injury in Roseland even if I was partly at fault?

You can sue for a motorcycle accident injury in Roseland even if you were partly at fault. There’s a caveat, though. You cannot be more than 50 percent at fault to collect compensation. NJ Revised Statutes Section 2A:15-5.1 covers the state’s modified comparative negligence rule, which sets this 50 percent threshold for seeking compensation after a personal injury.

This rule also reduces the compensation a victim can recover by a percentage equal to their degree of fault in the accident. For example, if you were speeding and are found to be 30 percent at fault for the accident, you could only recover up to 70 percent of your awarded damages.

While this rule applies specifically to trial awards, insurance companies also consider it when negotiating settlements. If the insurance company assumes a jury would find you 30 percent at fault, it’s unlikely to offer a settlement worth more than 70 percent of your compensable losses.

How do I know if my motorcycle accident case in Roseland is strong enough to pursue?

It’s always in your best interest to pursue compensation through an auto insurance claim after a motorcycle accident resulting in injuries. The insurance company may accept your claim or settle your case without the need to go to trial. And even if you take your case to court, you might not get the compensation you need to cover your losses.

Most personal injury law firms, including Brach Eichler Injury Lawyers, also work on a contingency fee basis. That means you don’t owe us anything unless we secure compensation for you. The fee is a percentage of the settlement or award negotiated upfront, so there are no surprises.

Contact Our Motorcycle Accident Attorneys Serving Roseland

If you were injured in a Roseland motorcycle accident, contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with an experienced personal injury attorney about your case. During your consultation, we’ll review the accident details, explain your options, and answer any questions you have. Our lawyers have successfully recovered over $535 million for our clients. We’re ready to put our experience to work by helping you seek the compensation you deserve.