Motorcyclists share the road with vehicles that are substantially larger than them. When these cars do not take proper precautions or fail to notice the motorcycle, tragic crashes can occur. After these accidents, motorcyclists often suffer the most serious injuries due to the lack of protection surrounding them. If you or someone you love has been involved in a motorcycle accident, you need experienced legal representation that can help you navigate this difficult time.
If you are looking for a dedicated, compassionate Fort Lee motorcycle accident lawyer, you should look no further than the legal team at Omni Injury and Accident Law, P.C. They will use their knowledge of New Jersey’s legal landscape to advocate for you.Ā
What Can Our Fort Lee Motorcycle Accident Attorneys Can Do for You?
After a motorcycle accident, the first thing you should do is seek medical treatment. You should then contact us. The earlier we can begin building your case, the better your chance of receiving the compensation you deserve. Below are a few areas where our lawyers can assist you:
Initial Consultation: During your first meeting, an experienced attorney will ask you about the circumstances surrounding your accident. This will include questions about the day itself and the particulars of any injuries you suffered. The lawyer will then present you with possible options moving forward.
Evidence Collecting: Our attorneys know what makes a strong case and what evidence needs to be gathered. We will collect your medical records, gather witness statements, take photos of the site of the accident, and obtain any other evidence needed.
Talking with Insurance Companies: The goal of an insurance company is to pay out the least amount of money possible; they are for-profit institutions, after all. Our Fort Leepersonal injury lawyers are used to dealing with these companies and will make sure they do not force you into an inadequate settlement.
Court Representation: If the insurance company refuses to give you a fair settlement, we will file a lawsuit in court. Throughout the court process, we will guide you and represent your interests zealously.Ā
What to Do After a Motorcycle Accident in the Fort Lee
The actions you take immediately after a motorcycle accident can determine how strong of a personal injury case you have. However, after such a traumatic event, it can be hard to think clearly. Below are some suggestions on actions to take after an accident.
Remove Yourself from Danger: Immediately after an accident, you should leave your motorcycle where it is and get yourself to safety on the side of the road.
Seek Medical Aide: Once you are safe, your health should be your number one priority. If you do not feel as though you are injured, you should still be examined by medical professionals, as some injuries may not be readily apparent. Additionally, medical reports can serve as evidence of your accident for later personal injury cases.
Report the Accident: You should always call the police after an accident. The police will make a report of the incident, which you can later use in court.
Document the Scene: You should try to photograph the accident scene, your injuries, and any property damage.
Speak to a Lawyer: If you or someone else is injured in the accident, you should seriously consider contacting a lawyer. An attorney will protect your interests throughout the aftermath of the crash.Ā
Common Causes of Motorcycle Accident Injuries in the Fort Lee
Unfortunately, motorcycle riding is inherently more dangerous than driving a car or truck. Motorcycle accidents can have life-changing results. A few of the most common causes of these tragic incidents are detailed below:
Driving Under the Influence: Drugs and alcohol diminish a driver’s reaction times and coordination. When a driver is less coordinated and less reactive, an accident is more likely to occur.
Lack of Training: When a motorcyclist takes the road without proper training or licensing, the results can be tragic. A motorcycle is a complex machine, and a lack of training significantly increases the chance of an accident.
Distracted Driving: Drivers are surrounded by distractions from GPSs to phones. When distracted, drivers take their eyes off the road, and this negligence can lead to horrible results.
Speeding: One of the most common causes of road accidents is speed. Speed makes a car more difficult to control, leading to accidents. Speed also affects a crash’s severity.
Weather: Motorcyclists can be subjected to snow, rain, and fog, depending on the season. These conditions decrease visibility and make the roads slippery, leading to more accidents.
Road Hazards: Uneven pavement, road debris, and potholes can cause a motorcyclist to lose control. Motorcycles are small and inherently unstable, and they are more affected by these road hazards than cars.
Driving While Fatigued: Fatigue can lower a driver’s reactions the same way alcohol does. This leads to accidents that injure both drivers and motorcyclists.
Unsafe Lane Changes: When changing lanes, drivers frequently forget to check their blind spots and fail to use their turn signals. This is extremely dangerous to motorcycles, which can easily be caught in a driver’s blind spot, leading to serious injuries due to unsafe lane changes.
Common Motorcycle Accident Injuries in the Fort Lee
Motorcyclists can suffer from a wide range of injuries after crashes. A few of the most common injuries from motorcycle accidents are described below:
Whiplash: One of the most common injuries for both motorcyclists and drivers is whiplash. This occurs when the neck is forced into a rapid back-and-forth movement.
Road Rash: This injury occurs when skin is scraped on a hard surface. It is a type of friction wound. If left untreated, these injuries can result in serious complications like infections and nerve injury.
Head and Brain Injuries: After a motorcycle accident, head injuries are common. These injuries are even more severe if the motorcyclist is not wearing a helmet.
Sprains: A driver’s body can twist in a way that stretches and tears ligaments during an accident. These movements result in sprains that can take weeks or even months to heal.
Spinal Cord Injuries: An injury to the spinal cord can lead to paralysis, chronic pain, and even death. This is because the spinal cord is a bundle of nerves that transmit sensation data to the rest of the body.
Internal Injuries: These injuries are frequently not immediately apparent and can take hours or even days after the accident for riders to notice them. If left untreated, these injuries can be life-threatening.
Burns: One of the most common injuries in a motorcycle accident is burns that are caused by the exhaust pipes of the bike.
Scarring: Cuts and road rash can permanently damage a motorcyclist’s skin. This can lead to scarring and can be so severe that it permanently alters and disfigures part of the cyclist’s body.
Broken Bones: A fractured foot is a common motorcycle injury. Legs, arms, hands, and ribs are also often broken during an accident.Ā
Who Is Liable for a Motorcycle Accident in Fort Lee?
New Jersey is a choice no-fault state when it comes to motor vehicle insurance. This means that the type of insurance you haveāfull tort or limited tortāwill impact your ability to go after the other driver for non-economic damages. If you have elected a full tort policy, you can sue the negligent third party regardless of the severity of the injury. However, if you have elected a limited tort policy, then you can only go after a third party for non-economic damages if you āpierce the verbal threshold,ā by showing that your accident resulted in death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of fetus, and/or a permanent injury within a reasonable degree of medical probability.Ā
Regardless, to hold someone liable for an accident in New Jersey, you must prove that they acted negligently. In other words, you must show that the driver behaved recklessly or carelessly and that this behavior caused the accident. Negligence is shown by demonstrating that the responsible party acted in a manner that a reasonable person would not have.Ā
If a driver follows all the rules of the road, it is unlikely that the driver acted negligently. However, if a driver is speeding, failing to yield, failing to use their turn signals, texting and driving, or drinking and driving, they are acting negligently.Ā
What Types of Damages are Available to Motorcycle Accident Victims in Fort Lee?
Motorcycle accidents can be devastating and life-altering. Victims often feel crushed under the mounting expenses. However, victims can pursue two types of damages to help cover these expenses: compensatory and punitive.
Compensatory Damages:These are the most commonly awarded damages in motorcycle accident cases. The goal is to reimburse the victim for the defendant’s negligence. There are two types of compensatory damages: economic and non-economic.
Economic Damages: These are monetary losses that can be directly linked to the accident. Economic damages are easily calculated as they are quantifiable. These damages include lost wages, property damage, and medical bills.
Non-Economic Damages: These damages are compensation for intangible losses. These damages are much harder to calculate as they are indirect, non-financial costs. Non-economic damages include compensation for loss of consortium, loss of enjoyment of life, pain and suffering, and emotional distress.
Punitive Damages: These damages aim to punish the negligent party. Courts rarely award this type of damages as you must show that the negligent party’s action is so egregious that it borders on criminal and shows a conscious disregard for the safety of others.
What is My Fort Lee Motorcycle Accident Case Worth?
The median motorcycle injury verdict settlement is around $73,700. The settlement amount is heavily dependent on the circumstances surrounding the case. These factors include the cost of your medical bills, the severity of the injuries, and any lost wages.Ā
New Jersey is a comparative negligence state. This means that even if you are partially to blame you can still recover damages, so long as your fault in the accident does not exceed 50%. If you are found to be 50% or less at fault, your award will be reduced by the percentage of fault assigned to you. For example, if you were awarded $100,000 but found to be 30% at fault for the accident, you will only receive $70,000. If you are more than 50% responsible, you are prohibited from collecting compensation.Ā
How Do I Prove Negligence After a Motorcycle Accident in Fort Lee?
A person acts negligently when they act unreasonably and fail to exercise reasonable care. To prove negligence, you must meet the following elements:
Duty of Care: Drivers have a duty to operate their vehicles safely and responsibly.
Breach of Duty: If the driver engages in unsafe behavior, they have breached their duty. Police reports and eyewitness statements can be used to prove the breach.
Proximate Cause: The driver’s actions caused the victim’s injuries. Photographs of damage to the victim’s motorcycle and any injuries can help prove proximate cause.
Damages: The victim suffered actual harm as a result of the accident. Harm includes incurring medical bills, pain and suffering, and lost wages. Victims can prove damages by presenting medical bills, repair bills, and other evidence of loss.Ā
Contact Our Fort Lee Motorcycle Accident Lawyers Today
After a life-changing motorcycle accident, you should not need to deal with the complex legal process on top of your injuries. A dedicated legal professional can guide you through the process and protect your rights. At Omni Injury & Accident Law, P.C., our Fort Lee Motorcycle Accident Attorneys have extensive experience dealing with motorcycle accident cases. We will stand beside you and fight to get you the compensation you deserve. Contact us at (800)-318-8888 for your FREE consultation TODAY!
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