New Jersey Motorcycle Accident Attorney

Motorcyclists make up a relatively small number of the total vehicles on the roadway. But they are involved in a disproportionately high number of serious injury and fatal collisions. According to the National Highway Traffic Safety Administration (NHTSA), “Motorcycle riders continue to be overrepresented in fatal traffic crashes. In 2022, there were 6,218 motorcyclists killed — 15% of all traffic fatalities. NHTSA data show that this is the highest number of motorcyclists killed since at least 1975.” The vast majority of these accidents are preventable and involve some amount of driver error.

Many of the injuries associated with motorcycle accidents may not be immediately obvious. It is therefore all the more important that victims of motorcycle accidents seek medical support as early as possible. If you or someone that you care about has been injured in a motorcycle accident, you may have legal recourse. The New Jersey motorcycle accident attorneys at Gersowitz Libo & Korek, P.C. are here to help you. We can evaluate the unique facts of your case free of cost and let you know if you have a claim that can be pursued. You can reach us anytime at (212) 385-4410.

Common Causes of Motorcycle Accidents

Motorcyclists are much smaller than enclosed vehicles. They are therefore much more likely to be overlooked. This can lead to situations where they are hit by drivers who are merging lanes or making turns. There are several other factors that could easily contribute to a motorcycle accident.

• Speeding: Drivers are far more likely to lose control of their vehicles and crash into motorcyclists at higher rates of speed. The NHTSA estimates that speeding was a factor in 29% of all traffic fatalities.
• Distracted Driving: If a driver is distracted by their phone or other objects, they are less able to detect and avoid potential hazards in the roadway.
• Poor Road Conditions: Motorcycles are inherently less stable than four-wheeled vehicles. Their riders are more susceptible to poor road conditions such as potholes, which can cause them to lose control.
• Left Turns: A high number of motorcycle collisions occur as drivers are making left turns. It’s easy for drivers to become distracted as they are looking across an intersection and not see an oncoming motorcyclist.
• Driver Intoxication: Even small amounts of alcohol can substantially reduce a person’s ability to operate their vehicle safely. But what many drivers don’t realize is that many substances can potentially impair them, including over-the-counter medications.
• Mechanical Failures: Brake failures, tire blowouts, and other mechanical issues can cause motorcyclists to lose control of their vehicle and crash.

Motorcycle collisions can be prevented when drivers exercise due care and give motorcyclists enough space. This is particularly important for trucks and other vehicles. Among other things, drivers should check their blind spots for motorcyclists and other vehicles that may otherwise be difficult to see.

Liability for New Jersey Motorcycle Accidents

New Jersey has very unique laws with respect to liability for motor vehicle collisions. Most claims are not based on negligence. Instead, every driver in New Jersey must purchase Personal Injury Protection (“PIP”) insurance, according to N.J.S.A. 39:6A-3.2. This policy covers accident victims regardless of fault. However, drivers are still able to pursue a negligence claim if they sustained a qualifying serious injury. If a driver fails to take proper care in order to avoid collisions, this could form the basis of a negligence claim. Depending on the unique facts of any particular case, there could be numerous liable parties for any motorcycle accident.

• Truck Companies:  A truck company could be liable for a collision. Generally speaking, companies are liable for the wrongful actions of their employees – insofar as those employees were working within the course and scope of their job duties.
• Motorcycle Manufacturer: The company that made a motorcycle or its component parts could be liable for a collision, especially if the accident was due to some design defect that caused the rider to lose control.
• Municipal Entities: A municipal entity like a city, county, or state could be liable for a motorcycle collision if it was caused by a dangerous condition on public property. An example of a dangerous condition may include a roadway with potholes or malfunctioning traffic signals.
• Rideshare Companies: A rideshare company like Uber or Lyft could be liable for a collision if a driver was transporting a passenger or on the way to pick up a passenger when the crash took place.
• Helmet or Safety Gear Manufacturers: Safety gear such as helmets is essential in helping to protect motorcyclists. If any of this gear fails to perform as intended, the manufacturer could be liable for any resulting injuries.
• Bus Companies: Any company or city that operated a fleet of buses could face liability if their driver causes a motorcycle collision. Buses are common carriers, and their drivers are supposed to operate with an abundance of caution to avoid collisions, but this doesn’t always happen.

Motorcycle accidents can be very complex and may involve multiple negligent parties. The factors that may contribute to a collision can take place hours, days, weeks, or even months beforehand. Sadly, though, other drivers, business owners, and their insurance providers will virtually never accept responsibility when they cause a collision through their own negligence. This is why it is so important that accident victims seek legal support as early as possible.

Injuries Associated With Motorcycle Accidents

Motorcyclists lack the protection of enclosed vehicles and are therefore more likely to be seriously injured in the event of a crash. Per vehicle mile traveled, motorcyclists were roughly 22 times more likely to die in a collision than the passenger of an enclosed vehicle. They were also four times more likely to be injured. Helmet use can have a dramatic impact on reducing crash severity. Victims of motorcycle collisions tend to suffer very serious injuries.

• Head and Brain Injuries: Injuries to the head and brain are among the most serious that a person can sustain in a motorcycle accident. This can include instances of brain bleed, skull fractures, and concussions. These injuries can result in long-term cognitive impairment. According to the National Institutes of Health, traumatic brain injuries (TBIs) are a risk factor for dementia, Parkinson’s disease, and other neurodegenerative illnesses.
• Spinal Cord and Back Injuries:  A motorcyclist’s back is completely exposed in the event of a crash. This can lead to severe damage to spinal discs. Depending on the severity of the damages, this could result in partial or even full loss of mobility.
• Chest and Abdominal Injuries: It is relatively common for victims of motorcycle accidents to sustain major trauma to their chest and abdomen. Broken ribs can puncture lungs and other internal organs. Blunt force trauma can also seriously injure the liver, spleen, kidneys, and intestines.
• Fractures: The only protection that motorcyclists typically have besides their helmet is a relatively thin layer of padding over their clothes. Accordingly, many motorcycle accident victims sustain broken bones throughout their body. Leg and arm fractures are particularly common.
• Amputations: One of the most dangerous injuries that motorcyclists can sustain is a full or partial amputation. These injuries pose a substantial risk of death from bleed out if they are not treated very quickly.

Of course, many victims of motorcycle collisions do not survive their injuries. The risk of dying from a motorcycle collision jumps dramatically as the speed of the crash increases. The size of the other vehicle involved in a collision can also increase the likelihood of a fatality. Trucks can be particularly dangerous, partially because motorcyclists can be pulled underneath the vehicle.

Steps To Take After A Motorcycle Accident

It can be difficult to know what to do after a motorcycle collision. The injuries with these crashes may necessitate that the victim takes substantial periods of time away from work. Many victims may not be able to return to their previous professions. They may also be burdened with high medical bills. It is important that accident victims take certain steps in order to protect their rights.

• Ensure Safety and Call for Help: It is crucial that victims ensure their own safety and call 911 to report the collision. Staying in the road after a collision runs the risk of being hit by oncoming traffic.
• Seek Medical Attention: It is important to be evaluated by a physician, especially after a motorcycle accident. Internal bleeding may not be outwardly obvious. It can also cause a life-threatening condition.
• Preserve Evidence: All of the evidence related to the collision should be properly preserved and documented. This includes clothing, helmets, and the motorcycle itself.
• Document Expenses and Losses: Maintain a record of all of the expenses that accrue as a result of the motorcycle accident. For example, victims may have medical expenses or lost wages due to taking time away from work.
• Contact an Attorney: A lawyer can help investigate your case free of cost and let you know if you have a claim that can be pursued. If you do have a viable claim, they can negotiate a settlement with insurance providers and file a lawsuit if necessary.

There is a tremendous peace of mind that can come with hiring an attorney to represent you after an accident. Unlike insurance providers who have an incentive to pay out as little as possible, your attorney is always working to make sure that you get the most compensation. There are also no up-front costs to hiring an attorney. They only get paid by the opposing party if they are able to resolve your claim.

Getting Legal Help After a New Jersey Motorcycle Accident

The New Jersey motorcycle accident attorneys at Gersowitz Libo & Korek, P.C. are committed to ensuring that accident victims get the justice and support that they are entitled to under the law. They have successfully recovered over $1 billion in verdicts and settlements for their clients. This includes a $9.5 million settlement for a motorcyclist struck by a sanitation truck.

If you or someone that you love has been injured in a New Jersey motorcycle collision, you may have legal recourse. Our legal team can take steps to ensure that your rights are being protected at every point during the legal process. There is nothing more important to us than winning on behalf of clients. This is why so many accident victims and families have chosen us to represent them in their time of great need. Whether you just have legal questions or are thinking about hiring an attorney, we may be able to assist you. You can reach out to our office anytime at (212) 385-4410.