The Importance of a Motorcycle Accident Lawyer
A motorcycle accident attorney in New Jersey is a crucial asset during a personal injury case. The laws governing “no fault” insurance do not apply to these types of accidents, and you may have to pay out of pocket for your injuries and other costs. Although accepting a settlement or check may seem like the easiest option in such stressful circumstances, full compensation requires patience and perseverance on your part. Insurance companies typically make lowball offers early in negotiations, hoping to pay as little as possible.
Negligent motor vehicle driver
You are entitled to compensation if a negligent motor vehicle driver causes an accident. If you were not at fault for the accident, you should immediately call the police and get a copy of the police report. In addition, take photos or video of the scene of the accident. If possible, contact your lawyer for help if the other driver did not obey traffic rules. Your motorcycle accident lawyer should collect evidence, such as traffic video footage, eyewitness statements, photos of the scene, medical reports, and expert testimonies.
Usually, the party at fault in a motorcycle accident is the driver who violated the rider’s right of way. However, if the driver was driving under the influence of alcohol or drugs, he or she will be held responsible for the accident. Other types of negligence may include texting and distracted driving. If you were riding your motorcycle and a motorist was distracted, you may be able to sue the driver of the other vehicle for damages.
It is difficult to understand how comparative negligence affects your motorcycle accident case. It is a law that limits the damages you can receive when you are partially to blame for the accident. Depending on the severity of your injuries and the amount of time you have to recover, you may be able to receive both economic and noneconomic damages. In New Jersey, there is a law called comparative negligence, which limits the amount of compensation you can receive if you are at fault.
When filing a claim for financial compensation after a motorcycle accident, proving fault is vital to your case. Insurance companies will attempt to argue that you were more at fault than the other driver. In a two-party accident, you will only be able to obtain compensation if you are 50% or less at fault. A motorcycle accident attorney can fight to reduce your liability. You should consider whether you were inattentive and follow traffic laws when riding your motorcycle.
Loss of consortium damages
If your spouse is injured in a motorcycle accident, you may be eligible for loss of consortium damages. This type of compensation is designed to compensate the spouse for their reduced standard of living as a result of the accident. Loss of consortium includes the inability to care for the spouse or perform their marital duties. In New Jersey, loss of consortium damages are based on the fact that the injured spouse no longer has the ability to do the things that make life pleasant for them.
The spouse or legal heirs of an injured person may also be eligible to receive compensation for the loss of their partner. However, the claim for loss of consortium damages is not as easy to prove because it does not rely on actual bills and forecasted figures. Motorcycle accident victims must provide acceptable proof of their injuries and losses and prove that the responsible party is at fault for the accident. Loss of consortium damages are most likely to be higher than economic losses.
If you have been injured in a motorcycle accident, you should consider seeking compensation from the at-fault driver. Although many New Jersey drivers carry the minimum liability coverage required by law, many also drive without insurance or have only a small amount. In these cases, you can pursue compensation from your own UM/UIM insurance policy, or you can sue the at-fault driver directly. You should consult with a motorcycle accident lawyer to determine which course of action is right for your situation.
UM/UIM insurance is essential for victims of motorcycle accidents. It will help protect you from the financial consequences of an uninsured motorist who causes an accident. While it may seem intimidating, UM/UIM insurance is an essential component of a successful claim against the at-fault driver. A skilled New Jersey motorcycle accident attorney can help you determine the best course of action to take to protect your assets.