Even if you’re as safe and responsible while riding your motorcycle as anyone could be, you could still be at risk of suffering a serious injury in a crash caused by another driver’s misconduct. Even worse, you may find that insurance companies and even civil court judges are quick to assume that you—the stereotypically thrill-seeking motorcycle rider—are the one who’s to blame for the wreck, rather than the person who actually caused it.
That’s not to say it’s impossible to successfully file a lawsuit and get paid what you deserve for injuries you suffered because of another person’s negligence. But it does mean it’s not something you should expect to accomplish without support from an experienced personal injury attorney. Fortunately, the help you need is available from an Eatontown motorcycle accident lawyer well-known for winning cases much like yours in the past.
Our skilled legal professionals at Ostroff Godshall Injury and Accident Lawyers have helped many bikers in New Jersey stand up for their legal rights. In a previous case, we obtained $250,000 for a motorcyclist who sustained a broken leg, broken ribs, and a lung injury in a rural highway accident.
Proving Someone Else’s Liability for a Motorcycle Wreck
Just like with any other type of personal injury claim, the centerpiece of any motorcycle accident lawsuit will be showing that it’s more likely than not you were hurt because someone else violated a “duty of care” they owed you. A “breach of duty” behind the wheel of a moving car can be anything from an overt traffic violation to someone getting distracted at just the wrong moment. Either way, the important thing is showing that your wreck and resulting damages likely wouldn’t have happened without that breach of duty.
It’s worth noting, though, that the “limited right to sue” rules set by New Jersey law for auto insurance policies can sometimes keep motorcycle riders from filing lawsuits after crashes in Eatontown, depending on what type of motorcycle insurance they have. Your attorney can review your policy with you and offer guidance about your recovery options during an initial consultation.
What Is “Comparative Fault” and How Might It Affect My Claim?
Legal counsel can also play a key role in proving that you were not to blame for your motorcycle crash—or, to use the proper legal term, that you don’t hold any “comparative fault” for your injuries. Otherwise, New Jersey law may prevent you from getting paid for the portion of your damages that you are responsible for. For example, if you’re found 25% at fault for your wreck, you might only be able to recover compensation for 75% of the damages you suffered.
If you’re more than 50% to blame for causing a motorcycle collision through your own negligent behavior, New Jersey law forbids you from collecting any compensation for your injuries, even if the crash was partially someone else’s fault. Insurance companies and at-fault drivers will try to use this legal principle to minimize their own liability for Eatontown motorcycle crashes. It’s crucial to enlist the help of a seasoned lawyer to fight back against this kind of accusation.
Contact an Eatontown Motorcycle Accident Attorney Today
You have the same rights on the road while on a motorcycle as anyone else, including a right to be safe around other drivers. When someone violates that right and causes you to get seriously hurt, you may have grounds to take legal action against them.
That’s where an Eatontown motorcycle accident lawyer from Ostroff Godshall Injury and Accident Lawyers can step in to help. Call us today to discuss your recovery options.
