If you’re wondering if you should hire an attorney for your motorcycle accident, hesitate no more. An attorney can help alleviate the devastating impact a motorcycle accident can have on your family and help you get the compensation you need to get on the road to recovery.
Motorcycle accidents can happen for a variety of reasons, but many times they occur because the driver of the other motor vehicle fails to appreciate the speed of the motorcycle or sometimes does not see the motorcycle at all. More often than not, this results in the car or truck making a left turn directly into the path of the oncoming motorcycle, striking the motorcycle or pulling out from a stop sign and striking the motorcyclist who is traveling on the through street. Either way, the motorcyclist is typically not at fault and the injuries to the motorcyclist can be devastating.
Other common types of motorcycle accidents involve:
Accidents aren’t always predictable. Sometimes accidents just happen. However, a variety of unsafe driving accidents are caused by:
Avoiding these unsafe practices can help ensure that you are doing everything possible to avoid an accident and avoid liability of your own.
To demonstrate accident liability in a motorcycle accident case, the victim must prove that the negligence of another party caused the accident. Without showing liability, you cannot obtain financial compensation.
To prove negligence, you must prove the following elements:
Another aspect to consider, aside from who is at fault, is how much they are at fault. You won’t be entitled to compensation if you were more negligent than the defendant. New Jersey follows a modified comparative negligence law (also referred to as proportionate responsibility). In modified comparative negligence, the plaintiff cannot recover if they are deemed more at fault than the defendant. For example, if the plaintiff is more than 50 percent at fault, they receive nothing. However, if the plaintiff is 40 percent negligent, they can receive a recovery, but only 60 percent of it.
In the tragic event that your loved one passed away in a fatal motorcycle accident, you may have grounds for a wrongful death lawsuit. A wrongful death claim can arise after a victim who would otherwise have a valid personal injury claim is killed rather than injured. The same negligence standards apply. However, rather than the injured motorcyclist bringing a claim, it would be the deceased person’s family.
In New Jersey, proving the cause of a motorcycle traffic collision is a major requirement in winning a fair settlement or jury verdict, giving you and your family the money they need and deserve. However, even if you can prove negligence, you still must prove that you suffered damage due to the accident. The worth of your claim depends on the assessed amount of damages.
When calculating damages, the goal is to compensate a person and make them “whole” again. Examples of damages include:
These damages are easily calculable because a specific monetary value is attached to them. An attorney requests medical records, bills, pay stubs, and repair invoices to substantiate your claim.
Other types of damages are non-economic and more difficult to calculate. The insurance company may not consider them, so it is important to hire an attorney to specifically claim these damages. Some examples are:
To determine your claim’s worth, an experienced attorney will compare your claim’s damages to similar cases. The attorney will also review jury verdicts in the state and local area to see what jurors may have awarded plaintiff’s with similar injuries and damages.
The process of obtaining motorcycle injury compensation begins with filing an insurance claim. How much your case is worth may be limited by the type of insurance coverage you or the person who caused the accident holds. It’s not always clear what your insurance policy covers, so do yourself a favor and hire an experienced attorney who understands the different facets of insurance coverage and the relevant evidence needed to prove your case.
If you’ve been injured in a motorcycle accident, call the experienced motorcycle accident attorneys at Petro Cohen, P.C. today to find out how much your case may be worth. To schedule your free and confidential consultation call 1-888-675-7607. You can contact us through our online form or via 24/7 live chat at PetroCohen.com.