Motorcycle Accident NJ | Accident Injury Lawyers at the NJ Clark Law Firm, P.C.
Motorcycle crash injuries and motorcycle accident deaths are unfortunately all too common across the United States and in New Jersey. Motorcycle accidents frequently involve a second vehicle, and are typically due to negligence by one or more parties. While insurance proceeds may contribute to the medical expenses associated with your motorcycle accident and injury, it is not always that simple. If you were involved in a motorcycle accident and sustained accident injuries, or a family member was involved in a fatal motorcycle accident, you and/or your family may be entitled to compensation. The motorcycle accident attorneys at the Clark Law Firm, P.C., have experience in personal injury law related to motorcycle injury and can help ensure the negligent party or parties are held accountable, and that you receive compensation that you are entitled to either through the insurance company or via a motorcycle accident lawsuit.
According to the United States Department of Transportation, motorcycle accident deaths are our Nation’s most common highway safety challenge. In 2006, motorcycle accident deaths in the United States were approaching 5,000. New Jersey is not free from motorcycle accident deaths nor motor cycle accident related injuries. According to the NJ Department of Law and Public Safety, the number of motorcycle registrations has increased by 17% between 2003 and 2007. During that same time period, 377 motorcycle accident deaths occurred. According to the Federal Highway Authority, approximately 2,500 motorcycle accidents take place each year in NJ.
Causes of Motorcycle Accidents & Related Accident Injuries
The severity of motorcycle accident injuries can vary quite a bit; however, the majority are usually very serious and require long term recovery and physical therapy. Since motorcycle drivers are virtually unprotected (other than helmets and protective clothing) even at slower speeds, severe motorcycle crash injuries are quite common and include but are not limited to shattered bones (legs, ankles, feet, elbows, shoulders) as well as head and spinal injuries.
Many motor cycle accidents are related to some type of negligence. There are various factors that cause or contribute to motor cycle accidents, a sample of which are listed below:
Traffic Law Violations – Usually include some type of negligence by the driver. It is important to document these violations at the time of the accident, including the filing of a police report and witness statements, which will prove to be valuable during your motorcycle accident lawsuit. Some examples of common traffic law violations include:
- Running a red or light
- Failure to yield
- Improper Lane Changes
Driver Error – motorcycle accidents can be caused by driver error. Examples include:
- Aggressive Driving
- Distractions or Inattention – for example using cell phone, texting, eating
- DWI (Driving While Intoxicated)
- Fatigue / Falling Asleep
- Inexperienced Driver
If you were injured in a motor cycle accident and any of the examples related to driver error or traffic law violations listed above were the cause of the motor cycle accident, you may be entitled to compensation for your injures.
Equipment Failure – Motorcycle accidents can also be caused by malfunctioning or defective equipment, such as an issue with the tires, suspension, brakes, steering mechanism, etc. If the cause of the accident injury was related to the equipment as opposed to a driver, there may be a negligence claim against the person or company who performed maintenance on the equipment, or a product liability claim against the manufacturer if there is in fact a defect present. Equipment includes the motorcycle and all its’ components, as well as the motorcycle helmet.
Road Design and/or Road Conditions – This includes a variety obstructions or distractions related to the roadways being utilized. Often times there is negligence associated with road conditions, samples of which are listed below:
- Roadway Repair or Construction
- Debris on the Roadway
- Potholes or Damaged Roadway Pavement
- Uneven Roadway
- Railroad Tracks
- Improperly Parked or Disabled Vehicles
- Animals Crossing Roadway
- Obscure, Damaged, or Difficult to Read Roadway Signs
If a motorcycle accident occurred as a result of a damaged roadway that has not been maintained properly or repaired timely or an accident was caused by a poorly designed roadway (e.g., merging lane), the government can be held liable for your accident. The NJ accident injury lawyers at the Clark Law Firm, P.C., will decipher who owns and who is responsible for the roadway (e.g., township, county, state) so the proper governmental agency can held accountable.
NJ Motorcycle Accident Prevention
There are some simple safety measures that can be taken in an effort to prevent motorcycle accidents or minimize injuries should a motorcycle accident occur. The most important safety measure is wearing a helmet that complies with the U.S. Department of Transportation (DOT) standards. While wearing a helmet is a NJ state law, there are many motorcyclists who choose to utilize less protective skull cap style helmets. According to the National Highway Traffic Safety Association (NHTSA) helmets prevent fatalities in motorcycle accidents at an effective rate of 35%. In addition to DOT approved helmets, other protective gear can be utilized, such as boots, gloves and clothing designed specifically for protection.
NJ Motorcycle Accident Lawsuits | NJ Motorcycle Accident Attorneys
Most of the motorcycle accidents that occur are due to some type of negligence, whether it be caused by a careless driver, or a damaged roadway. When this occurs the victims of the motorcycle accident injures can receive compensation from either or both the insurance company and whatever the court awarded as a result of a motorcycle accident lawsuit. It is important to document the accident, your injuries and related medical treatment. Documentation of the accident should be via a police report, photos, witness statements and in the case of defective equipment, the motorcycle or helmet itself.
If you have been a victim of a motorcycle accident, it is important to contact a personal injury attorney at the NJ Clark Law Firm, P.C., so your case can be evaluated by an experienced NJ personal injury attorney. Our personal injury attorneys can work on a contingency basis – meaning they will only collect legal fees after your case has been resolved. You may be able to receive compensation for property damage repairs, lost income or possible loss of future income (depending on the extent of you injuries), current and future medical expenses related to the accident (e.g. physical therapy or medication) as well as both the physical and mental pain you have had to endure. Insurance companies, insurance adjusters, no-fault insurance laws, or lack of insurance by the negligent party may complicate the circumstances and you may be uncertain exactly what you are entitled to and from whom. The experienced motorcycle accident attorneys at the Clark Law Firm, P.C., will know how to navigate these varying circumstances and will work with your best interest in mind.
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