Choosing a New Jersey Motorcycle Accident Attorney
Our Monmouth County motorcycle accident attorneys understand that riding across New Jersey and throughout the United States on a motorcycle is a common motor sport enjoyed by New Jersey residents. Riding on the “open road” provides a liberating outdoor experience that can also be very dangerous due to many factors, including the number of other larger vehicles on the road.
Our Ocean County motorcycle accident attorneys understand that the motorcyclist is vulnerable to the larger cars and trucks with which they share the roads. There are also those who ride “off road” on the many trails and off-road riding sites in New Jersey. These motorcycles are often referred to as dirt bikes; although, not subject to the usual dangers of traffic, this type of riding has its own inherent dangers, as well.
Motorcycle accidents happen all too frequently and, often, unfortunately, result in catastrophic injury or death. Motorcycles also have a higher fatality rate per unit of distance travelled when compared with automobiles. Per vehicle mile traveled, a motorcyclist’s risk of a fatal crash is 35 times greater than that of a passenger car.This data shows an obvious higher rate of death among motorcycle riders than passengers on other types of vehicles. All too often, these deaths are not caused by poor motorcycle riding practices, but, rather, they are caused by the negligence of those driving other vehicles on the roads.
The following are some of the common circumstances and reasons that motorcycle accidents happen in Monmouth County, Ocean County, Mercer County, Middlesex County, as well as throughout the State of New Jersey.
- The failure of other motorists to detect and recognize motorcycles in traffic and the drivers of the other vehicles violation of the motorcyclist’s right-of-way are the predominating causes of motorcycle accidents. In fact, 75% of motorcycle accidents involve a motorcycle and a passenger vehicle.
- Statistically speaking, 25% of accidents were single motorcycle accidents. This is attributed to rider error, with the typical errors being either a slide-out or fall due to over braking or running wide on a curve due to excess speed or under-cornering.
- More than 50% of fatal accidents involve alcohol consumption.
- The failure to wear appropriate gear, specifically, helmets and durable garments.
- Vehicle failure or manufacturing defects, such as a faulty tire, account for a minority of accidents.
- The presence of road defects and debris such as pot holes, sharp objects, road bumps, etc.
All motorcycles registered for purposes of street use in New Jersey are required to have insurance to cover injuries and other losses in the event of an accident. The State of New Jersey requires motorcyclists to carry insurance policies with mandatory minimum limits to protect both the riders and other persons in the event of accidents. It is advised that the motorcycle owner should carry insurance beyond the minimum mandatory coverage by purchasing additional coverage for uninsured and underinsured (“UM and UIM”) motorist coverage. The UM/UIM coverage provides coverage in the event that the rider and his/her passenger(s) is injured by a motorist who fails to maintain insurance or carries a policy with limits too low to cover the extent of damages and personal injuries received from a motorcycle accident.
Motorcycle insurance is unique because it does contain the same as personal injury protection (“PIP”) benefits contained in automobile insurance policies. Motorcycle insurance does not cover the payment of medical bills for the insured motorcyclist or his/her passenger when an accident happens. This type of PIP coverage must be specifically requested with an insurance carrier who can provide such coverage. When you have been involved in an accident on a motorcycle, call the attorneys at Riviere Cresci & Singer LLC, and they will thoroughly review all of the applicable insurance policies. They will help you get the protection and compensation that you deserve.
Motorcycle accidents fall into one of two categories:
The general law on personal injury, as most New Jersey car accident lawyers will tell you, basically says that when someone causes an injury to another, due to his or her own negligent acts, he or she shall be held liable for any damage or harm resulting from such negligence. This is the principle of law that applies to motorcycle accidents is similar to car accidents, in that four basic elements of tort law must be proven. These elements include:
There was a duty of care required by law of the defendant (negligent party) that needs to be provided to the plaintiff (party injured);
The defendant did not meet the standard of care required of him/her;
The negligent acts caused an accident;
As a direct result of such negligent acts, injury (harm) was caused to the plaintiff.
Some accidents happen due to the defects of the motorcycle. These types of cases are very complex and require an experienced personal injury attorney, such as those at Riviere Cresci & Singer LLC to deal with issues pertaining to product liability. Extensive investigation and expert support is required to develop and explore claims against the motorcycle manufacturer for any damages or injuries suffered due to a product defect. Getting an attorney involved sooner rather than later will preserve evidence, as well as, protect you from making any damaging mistakes when dealing with the insurance companies.