Motorcycle Accidents Attorney in Newark, New Jersey
According to the most recent statistics from the New Jersey Division of Highway Traffic Safety, between 2012 and 2016 there were nearly 12,000 crashes in New Jersey involving motorcycles. Motorcycle crashes often cause severe injuries, including facial fractures, road rash, disfigurement, traumatic brain injuries, spinal cord injuries, limb amputation, paralysis, and sometimes even death. If you or someone you love has been injured in a motorcycle accident, you may be eligible to recover damages.
Here at my firm, Maran & Maran PC, I am dedicated to offering experienced legal guidance and vigorous representation to motorcycle accident victims and their families. As an experienced New Jersey personal injury attorney, I will evaluate the details of your personal situation, conduct a thorough investigation, and explore all of your legal options in pursuit of compensation for your injuries. I will fight compassionately on your side to protect your rights and seek financial compensation that can cover your medical costs, property damage, and any additional pain and suffering you’ve been forced to endure.
I’m also proud to serve clients in Newark and the surrounding communities throughout Northern New Jersey, including Warren County, Sussex County, Passaic County, Essex County, and Somerset County. Call my office today to schedule a free case consultation and learn more about how I can help you with your case.
Steps to Take When Involved
In a Motorcycle Accident
The moments following a motorcycle accident can be scary and confusing. However, what you do and don’t do can significantly impact the outcome of your personal injury claim. When involved in a New Jersey motorcycle accident, here are some important steps you can take to help your case:
Get to safety immediately. If you can, help other victims to safety as well.
Call 911 to get emergency medical attention for your injuries.
Report the incident to the police or a law enforcement officer.
Exchange relevant details with all other drivers involved. Record all relevant details, such as the driver's name, address, phone number, license number, insurance ID, and insurance policy.
Gather and document as much evidence as possible, including the police report, accident scene photos, witness statements, and testimonies.
Document all medical treatment that you receive following the accident. This includes doctor's appointments, procedures, and any therapy received.
Document your personal account of the incident and how the accident has impacted your day-to-day life.
Notify your insurance provider that you were involved in a motorcycle accident.
Hire a knowledgeable personal injury attorney to help negotiate a fair settlement with the insurer or file a personal injury claim.
New Jersey Motorcycle Laws
The state of New Jersey has a number of different motorcycle laws that were designed to improve the safety of motorcyclists and mitigate or prevent the occurrence of motorcycle accidents with other vehicles on the road. Some of the most notable motorcycle laws include the following:
Lane splitting can be described as a traffic maneuver that involves a motorcyclist driving in-between two lanes of traffic moving in the same direction. New Jersey law does not explicitly address the legality of lane splitting. However, since lane splitting is often considered dangerous and unsafe, the practice isn't encouraged.
According to the New Jersey Revised Statutes Section 39:3-76.7, "No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the federal DOT. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof."
Additionally, motorists in New Jersey are required to have a minimum liability insurance coverage of:
$15,000 liability coverage for bodily injuries to one person per accident
$30,000 liability coverage for total bodily injuries to two or more persons per accident
$5,000 liability coverage for property damage per accident
How to Determine Fault
New Jersey is considered a "no-fault" auto insurance state. This means that each driver's insurance coverage (PIP coverage) will pay for their own medical bills after a traffic crash, up to the policy limit, regardless of who was at fault. However, the accident victims may be unable to recover non-monetary damages or compensation for their pain and suffering under the no-fault/PIP claim.
The Limited Right to Sue
New Jersey law does have a "limited right to sue" statute that allows a person to file a personal injury lawsuit against the at-fault party if the victim suffered any of the following injuries from the accident:
Loss of a body part
A displaced fracture
Loss of a fetus
Permanent injury, or
Under this law, you can pursue damages for pain and suffering and other non-economic losses as well.
The Unlimited Right to Sue
In New Jersey, the "unlimited right to sue" statute ensures that an accident victim can step out of the no-fault/PIP claim restraints and file a lawsuit against the at-fault driver, regardless of the extent of the resulting injuries. The unlimited right to sue provides accident victims with the option to recover full compensation after an accident, including economic and non-economic losses.
Modified Comparative Negligence Rule
New Jersey operates under the "modified comparative negligence" rule and sets the limit at 50%. This means that an injured person may have their compensation reduced if they are found to hold some level of fault for an accident. Additionally, the injured victim will not be able to recover damages if they were more than 50% responsible for the accident.
For example, if you were in an accident and found to be 10% at fault for the accident because you were speeding at the time, your injury settlement will be reduced by 10% to account for your level of fault. This means that if the court awards you $100,000 in compensation for your injuries, you will only be eligible to receive $90,000. As stated above, if the court finds you to be more than 50% at fault for the accident, you will not be allowed to recover any compensation for your injuries.
Work with an Experienced
Personal Injury Attorney
Being involved in a motorcycle accident can be a difficult and overwhelming experience. If you're unlucky enough to sustain severe injuries, such an accident can affect you physically, financially, and mentally. Thankfully, you don't have to face these challenges on your own. Hiring an experienced personal injury attorney is the first step you can take toward protecting your rights and pursuing fair compensation.
For more than 30 years, I have devoted my entire career to handling personal injury cases and helping motorcycle accident victims seek the compensation they deserve for their injuries. As your legal counsel, I can:
Fight vigorously to protect your rights and represent your best interests
Review and investigate every last detail of your accident
Gather relevant information and document required evidence, including police reports and other necessary documentation
Work to prove fault and establish liability
Determine the full magnitude of your injuries and estimate case-value
Help negotiate a fair settlement with any insurance companies involved
Take additional legal action if necessary
Using my extensive experience and resources, I will work diligently to hold the responsible parties accountable and seek fair financial compensation that can help cover your medical expenses, lost income and benefits, future medical treatments, and any additional pain and suffering. So don’t wait. If you’ve been injured in a motorcycle accident, call or reach out to my firm today to schedule a free case consultation.
Motorcycle Accident Attorney
Serving Newark, New Jersey
If you or someone you know has been injured in a motorcycle accident, call my firm — Maran & Maran PC — today to schedule a free case consultation. I will fight passionately on your side to protect your rights and help you seek fair financial compensation for your injuries. My firm proudly represents clients in Newark and the surrounding communities across Northern New Jersey, including Warren County, Sussex County, Passaic County, Essex County, and Somerset County. Call my office today to learn more about how I can help you with your case!