Motorcycle Accident Attorney in Newark

Motorcycle accident victims need the help of a skilled and competent motorcycle accident lawyer in Newark. Motorcycle riders are uniquely at risk on the road, and accident injuries can have enormous medical and financial consequences.

If you have sustained injuries from a motorcycle accident caused by someone else, the Newark personal injury lawyers of Brach Eichler Injury Lawyers are here to assist. We can pursue compensation for your injury-related losses, including medical bills, lost income, and pain and suffering. In the aftermath of a serious accident, you need a professional who will protect your interests and well-being. Call us today at (973) 364-8300 or contact us online for a free consultation with one of our Newark motorcycle accident lawyers.

What Kind of Injuries Do Motorcycle Accidents Cause?

Most motorcycle accidents involve collisions with passenger vehicles. The large size difference means that riders are much more at risk of injury than those driving cars. Riders can also fall from the seat of their bikes and sustain injuries colliding with the road. Common injuries from motorcycle accidents include:

• Abrasions and road rash
• Whiplash and neck injuries
• Bruises and soft-tissue injury
• Cuts and lacerations
• Broken bones
• Concussions and other traumatic brain injuries
• Torso injuries
• Spinal cord injuries
• Organ damage and internal injuries
• Amputations
• Burns and chemical exposure
• PTSD

Common Causes of Motorcycle Accidents

One of the most common causes of motorcycle accidents in Newark is driver negligence. Motorcycles are small and difficult to see, and inattentive drivers may not notice them nearby. Examples of negligent driving behaviors might include:

• Distracted driving (e.g., texting, talking, eating, etc.)
• Speeding
• Impaired driving
• Following too closely
• Not signaling turns or lane changes
• Ignoring traffic signals
• Fatigued driving
• Driver inexperience

Motorcycle accidents may also happen due to defective parts. Common defective motorcycle parts include:

• Tires
• Brakes
• Steering forks
• Frames
• Sprockets
• Fuel tanks

Motorcycle accidents often have multiple causes from different sources. We will thoroughly investigate the accident scene, identify relevant causal factors, and trace them back to responsible parties.

Why Are Motorcycle Accidents So Deadly?

Motorcycles are exceptionally dangerous compared to other forms of transportation. Motorcycles make up less than four percent of vehicles on the road but represent 14 of traffic fatalities. You are more than 24 times more likely to die in a motorcycle accident than in a car accident per vehicle mile traveled.

The main reason for this stark difference is motorcycles’ lack of cabin protection. Riders don’t have the protective shell of a cabin and are completely exposed to collisions and crashes. Motorcycles notably lack traditional safety features like seatbelts or airbags. Helmet use can reduce the likelihood of fatalities from head injuries, but helmets will not protect from torso or limb damage.

Motorcycle Accidents and New Jersey’s No Fault Auto Insurance Laws

New Jersey is a no-fault state when it comes to car accidents. This means that drivers file a claim through their own personal injury coverage after a collision, regardless of who’s at fault.

However, motorcycles in New Jersey are exempt from no-fault coverage, so you won’t be able to file a personal injury protection claim. Instead, motorcycle riders can file a claim against the other driver’s liability insurance to recover money for their medical bills, lost income, and other injury-related expenses.

The benefit of filing a traditional fault-based claim is that motorcyclists can recover compensation for noneconomic damages like pain and suffering. No-fault insurance, in contrast, only covers specific monetary losses.

Can I Still Recover Compensation If I Am At Fault for a Motorcycle Accident?

In some motorcycle accidents, the rider and other motorist can both bear fault. However, sharing fault does not necessarily bar riders from recovering compensation. New Jersey’s comparative negligence laws allow victims to recover compensation for injuries, even if they are partially responsible.

Comparative negligence works by reducing any final settlement amount according to the victim’s percentage of fault. For instance, if you were 30 percent at fault for an accident totaling $100,000 in losses, you would receive $70,000. New Jersey laws let injured claimants recover compensation as long as they are less than 51 percent at fault. If their percentage of fault is any higher, they cannot legally pursue financial compensation. Given comparative negligence rules, it’s important that you work with an attorney who can minimize your liability.

Unique Difficulties in Motorcycle Accident Claims

Motorcycle accident claims have some unique challenges compared to typical auto claims:

• Policy Limits. Motorcycle accidents have high costs that may exceed available insurance policy limits. This problem is more pronounced if the other motorist only carries the minimum amount of liability insurance. An attorney can investigate other options for compensation, such as underinsured motorist coverage or suing other liable parties.
• Shifting Blame. Insurance companies might also try to push blame onto the rider. They may claim that a person who rides a motorcycle is assuming risk by doing so, and that the victims are responsible for their own injuries. An attorney can use the available evidence to argue against your relative fault and properly apportion blame.
• Accident Complexity. The other driver could be at fault for the crash. A faulty part on the motorcycle or on the other vehicle could have contributed to the crash. Poorly designed or maintained roads and road surfaces could have contributed. Tracing the ultimate causes of the crash requires a thorough investigation.
• Bias Against Riders. There is also a large amount of bias against motorcyclists. Riders are perceived as risk-takers, and many automatically assume they must be responsible for accidents. Overcoming this bias can be a challenge for motorcycle injury cases that end up in front of a jury. 

How Long Do I Have to File a Motorcycle Accident Lawsuit in New Jersey?

Every state has a time limit on bringing civil lawsuits. This statute of limitations exists to maintain fairness and efficiency in the civil court system. In New Jersey, the statute of limitations for all personal injury claims allows an injured person two years to file suit. Once two years elapse, you won’t be able to file a lawsuit.

Two years might seem like a long time. However, evidence from your case can be lost or destroyed quickly, and it gets exponentially harder to make a claim the longer you wait. By speaking to an attorney ASAP, you can start building your case right away and minimize the chances of any payment delays or denials.

Motorcycle Accident FAQs

Our clients frequently ask questions about motorcycle injury claims and accident liability. If you would like more specific information, contact a motorcycle injury lawyer at Brach Eichler Injury Lawyers. We can answer all your questions and provide guidance on your legal issues.

What Steps Should I Take After a Motorcycle Accident in Newark to Strengthen My Case?

After checking yourself for injuries and contacting the emergency authorities, start documenting the accident scene. Take pictures of vehicle damage and your injuries, as well as important features of the accident scene. Obtain the other motorist’s insurance information and try to get eyewitness contact info in case you need them to make a statement.

Next, schedule a doctor’s appointment. You will need a formal diagnosis and copies of your medical documentation when you submit a motorcycle liability claim. Once you have seen a doctor, contact a personal injury attorney at Brach Eichler Injury Lawyers. We can initiate the next steps of the claims process and represent you in insurance negotiations.

How Can a Newark Motorcycle Accident Lawyer Assist Me If My Injuries Are Long-Term or Permanent?

Long-term and permanent injuries have a much higher cost, so motorcycle claims often involve high monetary amounts. This fact means motorcycle compensation claims often face intense scrutiny. Brach Eichler Injury Lawyers will assess the totality of your losses so we can pursue the compensation you deserve. We will push back against insurance companies’ attempts to dispute or deny expenses relating to long-term or permanent injuries. We can also work with expert medical testimony to demonstrate typical costs and limitations associated with permanent motorcycle accident injuries.

What Types of Compensation Can I Pursue After a Motorcycle Accident in Newark?

Depending on the circumstances of your accident, we can pursue compensation for your:

• Emergency medical bills and other medical expenses
• Lost work income (e.g., hourly pay/salary, bonuses, commissions, tips, etc.)
• Differences between pre- and post-injury lifetime expected earnings
• Out-of-pocket injury expenses
• Pain and suffering
• Scarring and disfigurement
• Quality of life reductions

We will search for both typical and atypical sources of remuneration.

Trusted Motorcycle Accident Representation in Newark

A single bad motorcycle accident can completely change your life for the worse. But there are options for relief, and help is available. Brach Eichler Injury Lawyers has decades of experience working with motorcycle injury clients and can provide legal support when you need it most. Our attorneys have recovered over $500 million for clients, with some of our largest cases involving motor vehicle accidents. We have the knowledge, resources, and tenacity to pursue your claim to the fullest extent, regardless of the challenges.

Contact Brach Eichler Injury Lawyers online or reach out by phone today at (973) 364-8300 for a free case consultation with an experienced motorcycle crash lawyer. We are available 24/7, so feel free to call whenever is convenient for you.