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After a motorcycle accident, it is vital that you first get to safety. Once you and everyone else involved in the accident are out of harm’s way, your next steps should be to report the accident, obtain medical attention, document the scene and then contact an injury lawyer to discuss your legal options.
Get to Safety: First, focus on ensuring that you, your passenger, and anyone else involved in the accident gets to safety.
Call 911: Wait in safely for emergency responders to arrive. Reporting a motorcycle accident is important for two reasons. First, it will trigger an emergency response team to the scene to treat anyone injured in the accident. Second, calling to report an accident will result in police creating an accident report, which can be helpful if you decide to file a personal injury lawsuit against the other driver or drivers.
Obtain Medical Attention: The 911 dispatcher will often send emergency medical technicians (EMTs) to the scene. EMTs are trained to treat potentially life-threatening injuries, so it is important to let them evaluate your injuries. Either allow the EMTs to take you to the hospital or visit a primary care provider, or an urgent care facility as soon as possible.
Exchange Contact Information: Exchange contact and insurance information with all the drivers involved in the accident. Speak to witnesses about what they observed and get their contact information. If you have a cell phone on you, you can also use it to take pictures of the accident scene. Particularly important are the locations of the vehicles and any road markings or traffic signs. You can also take photos of your injuries. However, except for your passenger, refrain from photographing others’ injuries.
Contact an Attorney: Reach out to a dedicated motorcycle accident lawyer at the Todd J. Leonard Law Firm to discuss your legal options and ensure your rights are protected. If another driver’s negligence caused the accident, you may be entitled to compensation for your injuries. An attorney can help you understand these claims, what you need to prove and the compensation you may be entitled to.
Motorcycle accidents are often very serious. Even if a motorcyclist is wearing protective gear, like a helmet, they are at higher risk of injury. Bikers are not as protected as other vehicle drivers.
Some of the more common injuries sustained in a motorcycle accident may include, but are not be limited to:
- Spinal cord injuries
- Traumatic brain injury
- Broken bones
- Disfigurement
- Fractured Bones
- Crush injuries of the hands, feet, legs, chest
- Permanently damaged nerves
- Concussion
- Muscle injuries
- Friction burns
- Neck and Back Injuries
- Head Injuries
- Paraplegia/ Quadriplegia
- Knee Injuries
- Internal Tissue Damage
There are a number of causes for motorcycle accidents. Motorcycle accident causes can range from motorist or biker negligence to road defects.
In the case of a car hitting a biker, the driver is typically at-fault due to negligence. Collisions with a motorcycle usually happen when the driver fails to yield the right-of-way to the biker, does not look before taking action, and/or does not see the biker. Motorist negligence means the driver is likely to be held liable for damages.
There are times when biker negligence comes into play and if that is the case, the biker may be held liable for damages associated with the accident. Some bikers ride carelessly or recklessly and that creates serious safety issues.
Another cause of motorcycle accidents is a mechanical failure in the motorcycle. This can be due to defective parts, improper maintenance or installation of parts. Knowingly riding a bike that is not properly maintained is regarded as negligent behavior.
Road defects, like potholes or cracked pavement, can be deadly for a motorcyclist. If you have experienced a crash due to a defective roadway, it is possible to seek compensation for the government agency that may be in charge of keeping the roadway safe.
For more than 30 years, Todd Leonard has been representing clients following serious motorcycle accidents, and our firm is committed to providing outstanding personal injury representation to clients hurt in crashes and accidents involving:
- Mopeds
- Scooters
- Sport bikes
- Motorcycles
- Motorized scooters
- Push-pedal scooters
Our New Jersey motorcycle accident lawyer, Todd Leonard, will fully investigate the accident by collecting all of the police investigations, scene photographs, and witness statements, and hiring experts to determine who is at fault for the accident, including accident reconstructionists.
There are many ways the services of an experienced lawyer can help you through the challenging times that follow being hurt in a motorcycle accident. We will make sure you obtain all of the compensation you deserve, including the following:
- Payment of all medical bills
- Property damage
- Pain and suffering for any injuries, including scarring
- Lost wages past, present, and future
- Loss of services for spouse
- Out of pocket expenses
If you or a loved one have been hurt in a motorcycle accident or motorized vehicle crash, you can trust the legal advice you receive from the experienced New Jersey personal injury trial lawyers at the Todd J. Leonard Law Firm. When you hire us, you will get the benefit of our entire staff. There is never a risk or obligation to you when you call us for a free initial consultation. Because we take these types of cases on a contingency basis, there is no cost to you unless we obtain a successful verdict or settlement for you.
If you have been injured in a motorcycle accident, you may be entitled to financial compensation through a personal injury lawsuit.
Under the New Jersey statute of limitations for personal injury lawsuits, you have just two years to bring a claim. Generally, the clock starts to tick on the day of the accident, meaning you have two years from the accident date to file a claim.
If you are still within the statute of limitations, you can file a personal injury claim against the party or parties (defendants) you believe were responsible for causing your injuries. To successfully bring a case, you will need to establish that one or more defendants’ negligence caused your injuries. Negligence is defined as a breach of a duty of care the defendant owed to you. All drivers owe a duty of care to everyone else on the road, including motorcyclists. This duty includes the requirement that drivers follow all traffic laws and obey all traffic signals. For example, if a motorist failed to yield the right of way when making a left turn and hit you while you were riding your motorcycle through the intersection, that would likely be considered a breach.
Next, you will need to specifically state the damages you suffered in the accident. When you bring a personal injury claim, you can seek compensation for all of your economic and non-economic damages. You want to ensure that you do not overlook any category of damages. The following are among the most common types of damages in motorcycle accident cases:
• Past medical expenses;
• Future medical costs;
• Lost wages;
• Decrease in your ability to earn the wage you did before the accident;
• Pain and suffering;
• Disability;
• Disfigurement; and
• Loss of enjoyment of life.
Keep in mind that the defendant will likely contest at least some aspect of your claim. In most cases, the at-fault motorist’s insurance company will be the party defending the lawsuit because they will be on the hook for any damages you are awarded. This can make the process challenging, as insurance companies have specialized lawyers working against you to diminish your compensation claim.
Do not take on a personal injury lawsuit by yourself. Contact an experienced New Jersey Motorcycle Accident Lawyer from the Todd J. Leonard Law Firm for help. Our personal injury lawyers routinely negotiate with insurance companies on behalf of our clients to obtain maximum compensation for your injuries.
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