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New Jersey Motorcycle Accident: Your Right To Financial Recovery

July 5, 2024, 7:44 am

In this situation, a car may easily hit the motorcycle due to the close proximity of the car to the motorcycle and the reduced space for the car to maneuver in their lane. Other types of road hazards can also cause accidents. In New Jersey, you're supposed to have a motorcycle license or endorsement to ride. His death was ruled an accident, however, the police's investigation into the accident remains ongoing. Although lane splitting is a common practice for motorcycle riders, particularly on congested roadways, motorcyclists caught lane splitting in NJ may face a ticket for failure to keep right. Many motorcycle accidents result in serious injuries, and they often have costs higher than what's covered under your PIP insurance. In other words, you must ride safely while lane splitting, which means checking your blind spot to make sure it's safe to change lanes and taking other precautions.

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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. And whenever you need support, we're here for you. If your case started out with a value of just $10, 000 but we got you an amount consistent with that 3. Someone has to pay for the crash they caused, and it shouldn't be you. We understand the biases and negative connotations that can influence the handling of motorcycle claims. Fast settlements are typically for an amount much less than your case is truly worth. Any evidence of unreasonable behavior, including traffic violations, could count against you. Our client suffered hand and wrist injuries serious enough to require surgery. But we also know that two years sounds like a lot longer than it is when it comes to deadlines. Motorcycle accidents present unique issues. You may even be in shock, having been through such a traumatic event. The helmet must have reflective material and be approved by the U. S. Department of Transportation. Most personal injury cases settle without going to trial, but there's no way to predict whether or not your case will settle. Motorcycle accidents have a lot more potential for injury compared to car accidents.

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However, New Jersey's no fault laws do not cover motorcycles. Pain and suffering, or emotional distress. In some rare cases, you may have PIP coverage available even though you were on a motorcycle. That's the case even when you're riding in someone else's car. Preparing a wrongful death lawsuit requires a great deal of investigation and important evidence may be lost over time. The attorneys will continue to negotiate, and there will be a period of discovery and motions. We'll thoroughly evaluate your situation and determine the best course of action for your particular circumstances. Mediation is a proceeding where a neutral third-party, called the mediator, helps the plaintiff and defendant reach a settlement. Motorcycle accidents can also occur if a driver fails to accurately judge how fast a motorcycle is going or its position in traffic — or fails to see the motorcycle at all.

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Since motorcycle accidents aren't covered under New Jersey's "no fault" insurance laws, medical bills can pile up quickly. If you are thinking of pursuing a personal injury claim and have a question, contact us directly. Assuming that your motorcycle accident involved another vehicle and that the other motorist was the one at fault, your lack of a motorcycle license doesn't excuse their negligence. 40% of motorcycle fatalities occur at turns and corners and might be preventable by slowing down to maneuver a turn. See Getting Compensation From an At-fault Party: The "modified comparative negligence" rule.

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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. This means you'll have to recover completely, or as fully as you're likely to. Once we learned the details of his accident, including the severity of his injury and the extent of the other driver's negligence, we were confident that we could get him a lot more. Often, it's because the motorcycle proceeds straight through the intersection or attempts to pass or overtake the car. The NHTSA reported that 28 percent of motorcycle riders who lost their lives in a traffic accident had a BAC of 0.

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If the parties still don't reach a settlement during this time, the case will ultimately go to trial. The injuries you suffer in a motorcycle crash can be life-changing. This may include: - medical records (bills, diagnoses, MRI/CT/test results, etc. How bias affects your legal claim in a motorcycle accident.

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Without the right knowledge and experience, it can be easy for them to outmaneuver you. Even so, this bias can affect how law enforcement, judges and juries, other drivers, and witnesses perceive an accident as being the motorcyclist's fault. Here's why you don't want to wait to get a lawyer involved in your motorcycle accident claim: There are a thousand little ways you could unintentionally sabotage your claim without even realizing it. Other permanent injury (i. e., when a body part or organ hasn't healed to function normally and will not heal to function normally with further medical treatment). Depending on your job, these injuries might keep you out of work. There's a good chance that neither your own comprehensive or collision insurance policy nor the property damage liability coverage of the other driver's policy will cover all of what you previously spent on extras and options to customize your bike.

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Don't try to hide from an attorney the fact that you were driving without insurance. Chances are, they aren't offering a discount out of the goodness of their heart, but instead to make up for serious shortcomings like a lack of experience or instances of professional misconduct. If you were injured in a motorcycle accident and the other driver immediately disappeared (or gave false information and left), you should get the help of an attorney as soon as possible. Statistically, most injury claims settle out of court even when you have an attorney.

According to the National Highway Transportation Safety Administration (NHTSA), bikers are five times more likely to be injured in accident. I strongly recommend this law firm. Figuring out insurance coverage after a motorcycle crash is complicated. Many health insurance policies may have high deductibles and copayments as well. If someone else was responsible for creating these hazards, it may be possible to seek compensation from them. Let our family help yours. People like to think that their own insurance company, at least, is on their side. But bad weather is even more dangerous for riders on two wheels. People like to use the term "full coverage, " but this is an informal term, not a legal one. 7, you must wear a helmet when operating a motorcycle. Here are ways to avoid (or reduce) the amount of bias you experience as a motorcyclist: - Be kind.

Although your premium might be a little higher, it would provide more legal options in the event of a serious motorcycle wreck. But figuring this out is not easy to do on your own, and you shouldn't make assumptions about your ability to file a lawsuit. Both sides to a lawsuit usually prefer to settle, because it helps avoid the lengthy, expensive, and uncertain trial process. You shouldn't give details, sign any releases or other forms, or accept any offers until you've consulted your attorney. When any type of motor vehicle accident involves a left-hand turn, it's very often the motorist attempting to make that turn who is cited with a traffic violation and considered to be at fault for the crash.

Helping motorcycle riders is what we do because that is who we are. Also referred to as personal injury protection, no-fault insurance provides coverage for policyholders who have damages but are at fault for their accident. Motorcycles are particularly likely to become "invisible" to the drivers of larger vehicles at intersections, where motorists have so many potential threats to be aware of. He kept us informed every step of the way. Not all injury attorneys have the same experience or have handled every type of accident case. No matter how severe your injuries are, the other motorist's insurer is more likely to blame you for the collision or try to minimize your payout than to offer up the money you deserve without a fight. Promptly reporting any accident is likely required under your motorcycle insurance policy. This may be a private plan, a union plan, or if you qualify, Medicare or Medicaid. Working toward recovery is basically a full-time job. If you're found 51% at fault, you'll get nothing. You're seeking compensation from an insurance company. If you wait too long, you may lose valuable evidence.