You may ride your motorcycle and get hurt in an accident. In this instance, you may not be responsible for any of your injury-related costs. To find out if this is the case, consult with a Collingswood personal injury lawyer who can review the facts surrounding your accident.
If you are interested in hiring a Collingswood motorcycle accidents lawyer, Demand Rand. Partner with Rand Spear, The Accident Lawyer, and we may be able to help you secure a large settlement. To learn more, reach out to us.
Motorcycle Crash Claim
All drivers in New Jersey are required to have auto insurance. If a driver crashes their car into you while you are riding your motorcycle, you may request compensation as part of an insurance claim. Just because you do so does not guarantee you will get damages.
An at-fault driver’s insurance company is likely to focus on protecting its client and its bottom line. As such, the business may work hard to avoid paying out your claim. It may do everything within its power to show you are fully responsible for your collision and injuries.
There are times when a motorist breaks the law and does not have auto insurance. Or, a motorist may not have enough insurance to cover all of your losses. In either of these scenarios, a Collingswood motorcycle accidents attorney may be able to help you seek compensation through a personal injury lawsuit.
Motorcycle Accident Negligence
Your ability to prove negligence after a motorcycle crash may determine if you are able to get damages. You must show an at-fault party was negligent in securing compensation following a motorcycle accident. There are four elements of negligence you must show were present at the time of your collision:
- Duty of Care: The at-fault party had a legal obligation to avoid careless or reckless acts that could put you or someone else in danger.
- Breach of Duty of Care: This party acted carelessly or recklessly, putting you and others at risk.
- Causation: Since the party violated their duty of care, they caused your motorcycle collision.
- Damages: You are dealing with quantifiable or subjective losses due to the party’s actions.
Rand Spear, The Accident Lawyer, has plenty of experience with personal injury claims. Our motorcycle accidents lawyer in Collingswood may be able to help you prove an at-fault party was negligent. For more information, get in touch with us.
Collingswood Motorcycle Accident Lawyer Near Me (215) 985-2424
Motorcycle Accident Claim Statute of Limitations
Generally, there is a two-year statute of limitations for a motorcycle crash claim. You may have up to two years from the date of your collision to pursue damages from any at-fault parties. If you choose not to submit a claim within this window, you may be solely responsible for all of your accident-related losses.
A motorcycle accidents attorney in Collingswood may help you file your claim. Initially, they may review your case and determine how much it may be worth. They may discuss your legal options with you, and if you want to move forward with a claim, help you submit it before the statute of limitations to do so lapses.
Your lawyer may encourage you to ask for economic and non-economic damages. A judge or jury may award economic compensation for damage to your motorcycle, your medical bills, and other losses you can quantify. Comparatively, non-economic damages may be provided for pain, suffering, and other subjective losses.
Comparative Negligence in a Motorcycle Accident Case
When you hire a lawyer, they may focus on building a case to show you are in no way responsible for your motorcycle crash. This is due to the fact that comparative negligence applies to personal injury claims in New Jersey. If you are partly or primarily responsible for your motorcycle collision, you may not be able to receive 100% of the damages you originally requested.
For example, a judge or jury may find you are 20% at fault for your motorcycling accident. If this happens, the damages you receive are reduced by 20%. This means you may get 80% of the compensation you requested.
In a motorcycle accident case where you are found to be more than 50% responsible, a judge or jury may not award you any damages. At this point, the judge or jury finds you are primarily at fault. Therefore, the defendant gets off the hook, and you are completely responsible for your crash-related losses.
What to Do After a Motorcycle Accident
According to the National Safety Council (NSC), motorcycles make up 3% of all registered vehicles in the United States. You may drive your motorcycle cautiously but still wind up in an accident caused by someone else. Here are things you can do after your crash to protect yourself and put yourself in the best position to pursue compensation from any at-fault parties:
- Call 911 to report the crash to the police and meet with medical personnel who can treat your injuries.
- Get an at-fault driver’s contact information, insurance information, and driver’s license information.
- Take photos and videos and collect other forms of proof at the accident scene.
- Do not take responsibility for the crash.
- Notify your insurance company about the collision.
- Follow your doctor’s orders to treat your injuries and keep track of your medical records.
- Connect with a personal injury lawyer.
You are responsible for the burden of proof in your motorcycle collision case. With help from an attorney, you may be able to gather an abundance of evidence and build a compelling argument against an at-fault party. In addition, your lawyer may work in lockstep with you, protect your legal rights, and make sure you are well-positioned to get the most compensation possible.
Get Started with a Motorcycle Accident Claim
Rand Spear The Accident Lawyer offers a no-win, no-fee guarantee for injury cases. If you take on your motorcycle crash case and you do not get a settlement, you do not have to pay us anything for our legal services. To find out more or schedule a free case consultation, contact us today.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
