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This crash will cost your family a lot. For example, a medical release form may give your insurer access to your entire medical history, and they may use previous injuries or conditions as an excuse to reduce or deny your claim. Below are answers to some common questions we receive about motorcycle accidents in New Jersey. Investigating the crash and building your case take time, so don't wait until the deadline is almost upon you to start looking for a lawyer. Given the severity of motorcycle injuries, leaving a wounded motorcyclist without help is, perhaps, even worse. However, that doesn't mean you can be less vigilant in good weather conditions. Man Killed in Motorcycle Accident. According to police, the motorcyclist is now listed as being in stable condition. All motorists on the road owe a duty of care to every other person on the road. In motorcycle accidents, driving under the influence is often a factor, and this would serve to establish negligence. You could spend hours poring over insurance documents and trying to translate convoluted insurance jargon into concepts that apply to your life. It's common for people to use social media as a way to keep friends and family updated about major life events, such as accidents. A manufacturing defect refers to an error made during the manufacturing process. We pride ourselves on giving every member of our client family the personal attention that makes their claim, and their life after an accident, easier on them.
Motorcycle injuries are typically devastating and cause serious life-altering injuries. Motorcycle accidents happen for many of the same reasons other types of accidents happen. In the aftermath of a motorcycle accident, it's the worst possible time for your family to have to come up with the money to pay legal fees and the exorbitant hourly rates or retainers charged by an attorney. Police stated that the motorcycle did not have headlights or any lights on at the time of the crash, and said that it was not visible to the SUV. As noted above, there time limits for filing a claim. When someone else harms you through their careless behavior on the road, you have the right to hold that driver accountable. You shouldn't have to. We refuse to allow insurance companies to shirk their legal obligations and deviate from their contractual requirements – things that, if you're trying to negotiate with the insurer on your own, you likely don't even know are occurring. When you pass the road test and pay the fee, you can get your motorcycle endorsement. Even with the police on scene, there might be evidence that isn't included in the police report. When your motorcycle injury lawsuit has to do with a defective or malfunctioning vehicle or part, it falls under the category of a product liability claim.
Erica Domingo and her team was very nice and helped me tremendously throughout my case like more than one year and half. New Jersey limits the amount of punitive damages that can be awarded in a case to the larger of five times the amount of compensatory damages or $350, 000. In this case – as well as in cases where the driver is found but has no insurance – you would have to file your claim under your own uninsured motorist coverage on your motorcycle insurance policy. Even the best, most defensive motorcycle rider can't always avoid a negligent driver on the road. 26% of motorcycle fatalities involved unsafe speed as a contributing factor. We also work with accident recinstructionists, if necessary, to determine who the responsible parties are that caused your accident. Another 7 percent of bikers who died in fatal crashes had consumed alcohol but had a BAC within the legal limit to operate a vehicle. These accidents are typically caused by car or truck drivers who are not paying attention to their surroundings. But when you suffer an injury as a result of a motorcycle crash, you're out of luck. No matter how serious your injuries were or how much your medical bills cost, you will never get the compensation you deserve. Since motorcycle accidents aren't covered under New Jersey's "no fault" insurance laws, medical bills can pile up quickly. But the Grungo Colarulo team has made me feel as comfortable as possible. Preparing, negotiating, and litigating a motorcycle accident case is time-consuming and expensive.
While this information was reviewed for accuracy, it should not be considered legal advice. It's essential that you have an immediate medical evaluation because it can be more difficult to get an insurance settlement or win a personal injury claim otherwise. There are also special exceptions to the general rules that could compromise your rights even further. Motorcycles are smaller than other vehicles and face a unique set of risks including: There are steps that motorcycle drivers can take to minimize the risk of an accident. Thank you so much Grungo and Colarulo for helping me with my case. The number of deaths resulting from motorcycle accidents has also been on the rise, doubling in the span of a decade. In a matter like yours, proving liability requires you to show that the other party was negligent. The New Jersey Motor Vehicle Commission defines a motorcycle as "any vehicle with attached motors, " which includes motorized bicycles and 3-wheelers. My needs were addressed with care in a timely fashion. The IME is conducted by a doctor chosen and paid for by the defendant. Not admitting fault is important for a number of reasons. Your new normal after a brain injury may include knowing your strengths and cultivating skills to help you compensate for some of the ongoing problems – like memory trouble or difficulty concentrating – that continue to affect you. Instead, consult an attorney as soon as possible.
Your attorney, with the help of an accident reconstructionist if needed, will be able to investigate the accident and identify all possible causes. Here are a few things to look for when hiring a motorcycle accident lawyer: - Experience. If someone else was responsible for creating these hazards, it may be possible to seek compensation from them. Often, it's because the motorcycle proceeds straight through the intersection or attempts to pass or overtake the car. And the answers to your questions – all of them. This means you'll have to recover completely, or as fully as you're likely to. This is important, because sometimes going to trial is necessary to get fair compensation.
You don't want to make a mistake and take on an even bigger burden, financially or emotionally. Some of the most common motorcycle injuries include: - Road rash: Road rash injuries are scrapes or abrasions that happen as parts of the body are dragged along the road surface. If you can't find the driver (or if the driver doesn't have insurance), your attorney can also help you get maximum compensation from your uninsured motorists coverage. Lane splitting, the act of riding between lanes of traffic, isn't technically legal in New Jersey. 2015 saw the lowest number of motorcycle accident fatalities, 50. It may seem like common sense that going through a scary accident and being left scarred, in pain, and disabled can cause mental distress.
Understanding exactly how the accident happened and the full extent of your injuries are both crucial to a successful claim. Your attorney will review all available evidence and decide whether they can take on your case. A few common examples include: - Distraction. This is yet another reason to work with an experienced motorcycle accident lawyer. This compensation helps to address the financial losses you have suffered as well as the mental, emotional, and psychological harm you suffered because of the loss of your loved one.
The purpose is not to provide treatment or care, but to gather information about your injuries and condition that can be used in the lawsuit. Improperly modifying a motorcycle. Certainly, a car can't always protect you if you're in an accident at high speed or with a significant impact, but a motorcycle rider has no protection at all in an accident. That is why it is imperative that you contact one of our New Jersey motorcycle accident lawyers if you have been involved in any kind of incident. 5, 000 for property damage. Serious injuries also usually mean you aren't able to work, and you may incur other expenses as you recover. When you pursue a motorcycle accident claim against the driver at fault for your collision, you can seek compensation for every one of your damages from that motorist's auto insurance policy. It isn't easy to persuade the insurer that your case isn't a matter of a "reckless biker" but instead a negligent driver whose innocent victim just happened to be riding a motorcycle.
If you don't have health insurance and can't pay out of pocket, sometimes medical providers will still treat you and put a lien on your case as well. You might need to use your UM or UIM insurance if: The only way you'll have insurance coverage available if you are in an accident with an uninsured driver or with a driver who fled the scene is if you purchased UM/UIM insurance coverage on your own policy. Most accidents involving motorcycles are not caused by motorcyclists. If a third party's insurer contacts you, you should decline to talk to them. Don't apologize for the accident, say "I should have.. " or "I shouldn't have…", or say that you're "fine. " In some circumstances, the size of the bike and the age of the rider can also indicate the likelihood of sustaining fatal injuries from a collision.
You should not admit fault even if you think you really were at fault. One way or another, we'll find some way for you to get the help you need. New Jersey Motorcyclists Are Required to Purchase Motorcycle Insurance. If your accident met certain conditions, such as a government or public entity being to blame for any part of the accident, the time you have to act is even shorter. Whenever there's an injury or property damage, everyone involved must wait for the police to arrive. Certain types of cases may also have much shorter deadlines. Burns: Motorcycle engine parts can be very hot, and contact can cause 2nd- or 3rd-degree burns. New Jersey follows a modified comparative fault system (51% rule). However, given the way the legal system and insurance industry work, having an attorney on your side has a big impact on the outcome of your insurance claim. This allows you to get every dollar of compensation you deserve. That means they don't have your best interests in mind, and you shouldn't rely on them to provide guidance, explain your rights, or offer fair compensation. While the "Limitation on Lawsuit" option doesn't exist for motorcycle policies, if you have an auto insurance policy with this limitation, it applies when you're injured on a motorcycle, too. They gave me prompt and clear responses to all my questions. Your health, your future, and your quality of life are all on the line.