Motorcycle crashes are traumatic occurrences that can change lives in an instant. Motorcycle accident injuries may have a lasting impact on victims and their families.
For motorcycle accidents resulting in severe injuries due to someone else’s negligence, New Jersey law permits the victim to file a personal injury claim against the at-fault party to recover compensation for harm suffered.
Proving liability is key to recovering compensation in a New Jersey motorcycle accident claim or lawsuit.
A New Jersey motorcycle accident lawyer can help you by investigating the crash, gathering key evidence, demonstrating liability, protecting your best interests during insurance negotiations, and seeking fair compensation for your injuries and losses.
Types of Damages You Can Recover After a Motorcycle Accident in New Jersey
Provided below are the types of damages that a victim of a motorcycle accident may be able to recover in Jersey City:
Economic Damages
- Past Medical Costs
In most personal injury claims, medical bills are the single largest expense incurred by victims. Medical expenses generally include the costs of:
- Hospital stays
- Medical treatments (including surgery and lab tests)
- Physical therapy
- Rehabilitation
- Pain management
- Doctor’s appointments
- Prescription medication,
- In-home or nursing home care
- Future Medical Costs
After initial treatment and rehabilitation, victims often require further medical care in the future. Medical expert testimonies from doctors and therapists can help establish that the victim requires further treatment.
- Lost Wages And Business Income
Victims, whether employed, self-employed, or business owners, are entitled to recover compensation for the time spent away from their work or business.
- Loss Of Future Earning Capacity
Some injuries harm victims in such a manner that they are no longer able to do the job that they were doing before the accident. A victim may have to change from a full-time job to part-time work, or move from a highly-paid job to a lower-remuneration job. In such cases, additional compensation may be awarded.
- Permanent Injury And Disability
Some injuries have lifelong implications for the health of victims. These victims may never recover fully from their injuries.
Those disabled may require alterations to their living spaces and vehicles. Modifications to the home and vehicles are often expensive.
Non-Economic Damages
- Pain And Suffering
Some injuries cause pain that can be extremely debilitating. Such pain is accompanied by emotional suffering and stress. New Jersey law allows victims to collect compensation for such suffering in certain cases.
- Emotional Distress
Additional mental and emotional illnesses can arise from injuries sustained in a motorcycle accident. Emotional distress, if proven by experts, can support a victim’s claim for further compensation.
- Loss Of Consortium
Injuries sustained in accidents can limit and restrict a victim’s basic life functions resulting in loss of love, affection, and companionship for the victim’s spouse. Through a loss of consortium claim, a victim’s spouse can claim damages for physical isolation and loneliness suffered due to the injured party’s injuries.
- Loss Of Enjoyment Of Life
Victims of motorcycle accidents are entitled to recover compensation if they are unable to participate in physical, social, and recreational activities that they enjoyed participating in before sustaining injuries.
Punitive Damages
Punitive or exemplary damages do not compensate for any losses. The purpose of punitive damages is to punish the wrongdoer and deter others from engaging in similar conduct.
In New Jersey, punitive damages are capped at $350,000 or five times the amount of compensatory damages, whichever is greater
Common Motorcycle Accident-related Injuries That Lead to Compensation Claims
When a car or truck strikes a motorcycle, the rider can suffer severe or even fatal injuries while the driver of the car or truck often escapes unhurt. With hardly any protection for motorcyclists, a forceful impact with a car, truck, or pavement can cause a variety of debilitating life-altering injuries.
According to the National Safety Council statistics, motorcycles make up only three percent of all registered vehicles in the country. However, motorcyclists accounted for 15.5% of all traffic fatalities in 2023.
The common injuries suffered by motorcyclists in accidents include brain or head injury, spinal cord damage, amputations, physical scars, and paralysis. Injured motorcyclists may also suffer emotionally and psychologically from the trauma of a bike crash.
The Key Factors That Affect Motorcycle Compensation Amounts
The key factors that can significantly impact your motorcycle accident claim compensation include:
The Severity and Extent of Your Injuries
Injuries from motorcycle accidents may result in long-term or lifelong pain, disability, impairment, and permanent disfigurement. These injuries may exceed the expected recovery period and cause a permanent loss of function or a physical impairment that was not present before the accident.
In the immediate aftermath of a motorcycle accident, victims may require intensive medical treatment, surgeries, and rehabilitation. The extent and severity of the injuries can significantly influence the settlement amount.
The Degree of Fault
If you’re partially at fault for causing a motorcycle accident, you can still recover compensation. However, your settlement will be reduced by the percentage of your fault. New Jersey’s modified comparative negligence rules may limit an accident victim’s ability to recover damages.
In New Jersey, an individual cannot recover damages if the percentage of negligence apportioned to them for causing the accident is greater than fifty percent.
Evidence and Documentation
Compelling evidence including medical records, eyewitness statements, and accident reports can help you substantiate your claim. Lack of evidence can weaken your case and significantly limit your financial recovery.
Involved in a Motorcycle Crash in Jersey City? Contact a lawyer
The aftermath of a motorcycle accident can be hard to navigate and overcome on your own. Failure to hire an attorney or waiting too long to hire one can result in losing legal rights to compensation.
Contact Omni Injury and Accident Law to advocate for you, get the right legal advice, and develop a legal strategy to help you fight for the compensation you may be entitled to. Schedule a free case assessment to learn more about your legal rights or call us now at +1 646-736-4184.