{"id":409,"date":"2020-09-22T19:37:20","date_gmt":"2020-09-22T19:37:20","guid":{"rendered":"https:\/\/www.bavagnolilaw.com\/?p=409"},"modified":"2021-10-15T11:21:04","modified_gmt":"2021-10-15T15:21:04","slug":"recovering-damages-after-a-new-jersey-motorcycle-accident","status":"publish","type":"post","link":"https:\/\/www.bavagnolilaw.com\/recovering-damages-after-a-new-jersey-motorcycle-accident\/","title":{"rendered":"Recovering Damages After a New Jersey Motorcycle Accident"},"content":{"rendered":"

As enjoyable as it is to take a motorcycle ride on a beautiful fall day, when an accident happens the result can be catastrophic. Injuries are often incredibly difficult to recover from, and even if the victim of a crash survives, they are often left with broken bones, brain injuries, and disfigurement, all of which result in insurmountable medical expenses.<\/p>\n

What\u2019s worse, many victims are unable to fully recover unless they get significant compensation from their insurance company, but New Jersey laws and unfair insurance practices make recovering damages extremely difficult. Below I\u2019ll tell you more about what to do if you are in a New Jersey motorcycle accident and how a Passaic County motorcycle accident lawyer at Bavagnoli & Bavagnoli may be able to help.<\/p>\n

Factors Affecting Compensation After an Accident<\/strong><\/h3>\n

According to the National Highway Traffic Safety Administration (NHTSA), motorcycle drivers are 28 times more likely than people traveling in passenger vehicles to die in an accident. As you can imagine, this means vulnerable motorcyclists are also far more susceptible to major injuries after a crash.<\/p>\n

After a crash, most people assume their insurance company will cover their medical expenses, but this is not the case. For starters, New Jersey laws for motor vehicle accidents are different from many other states. If you’re new to the area or haven\u2019t been in an accident before, the laws may come as a shock. New Jersey is known as a \u201cno-fault state,\u201d so even if someone else was responsible for your accident, you must file an insurance claim against your own policy rather than the at-fault driver\u2019s.<\/p>\n

If you are lucky enough to sustain only minor injuries in the accident, you will only need to file a claim with your own insurance company. But motorcycle accidents commonly result in severe injuries and exorbitant medical bills. This brings us to a second complicated part of New Jersey law: if your injuries qualify as serious under the state\u2019s legal definition, you can file a lawsuit against the at-fault driver. However, even if you feel your injuries are serious, the law may not agree.<\/p>\n

New Jersey’s Legal Definition Of Serious Injuries<\/h3>\n

New Jersey limits serious injuries to bone fractures, permanent disfigurement, and injuries that disable a victim for 90 days or more during a specific six-month period. Injuries resulting in a permanent inability to use a part of your body the same way you could before the accident are also considered serious. If your injuries don\u2019t qualify as serious, and your insurance company refuses to fully compensate you for them or your policy limit doesn\u2019t cover your expenses, you may be unable to afford the treatment you need to recover. This is why it’s best to work with a NJ motorcycle accident lawyer if you’re facing serious injuries.<\/p>\n

An aspect of New Jersey law that’s a plus for motorcycle accident victims who were partly at fault for their accident is we are a comparative negligence state. If your injuries are determined to be serious and you qualify to file a claim against the at-fault driver, even if you were somewhat at fault for the accident (as long as you were considered less at fault than the other driver), you can recover compensation. For example, let\u2019s say you got in an accident and were not wearing a helmet. The judge decides that this makes you 20 percent responsible for your injuries. The other driver is still considered 80 percent at fault, so your award amount will be reduced by the 20 percent you were at fault. If your case is worth $200,000, you would receive $160,000.<\/p>\n

If comparative negligence or a serious injury is a factor in your case, it\u2019s best to work with a Passaic County motorcycle accident lawyer to get the best outcome. By working with an experienced attorney, they’ll have access to experts<\/a> who can support your case and reduce your percentage of responsibility.<\/p>\n

Types of Compensation in a New Jersey Motorcycle Accident<\/strong><\/h3>\n

There are two types of damages you can claim after a motorcycle accident: economic and non-economic damages.<\/p>\n

Economic damages are any quantifiable economic losses you endure because of the accident. Hospital or medical bills, as well as other out-of-pocket expenses qualify. These include:<\/p>\n