There are more than 8.3 million motorcycles registered in the United States. New Jersey is home to 121,379 registered motorcycles.
Find more statistics at Statista
Without the protective outer shell of a motor vehicle, motorcycle riders are much more susceptible to serious injuries when they are involved in a crash. While some motorcycles have leg guards or other limited safety devices, there is nothing to hold the rider on the bike in the event of a crash. Furthermore, when collisions occur, there is nothing to separate the rider from impacting the road or other vehicles.
According to the latest Annual Report from the New Jersey Division of Highway Traffic Safety, 78 people died in motorcycle accidents in 2020. These statistics do not account for the extremely high rate of serious injury in motorcycle accidents.
New Jersey law requires motorcycle riders to wear a Department of Transportation-approved helmet while riding. Doing so can significantly decrease the risk of fatal injuries. A rider without a helmet is almost 50 percent more likely to suffer a fatal head injury compared to a rider with a helmet.
Unfortunately, helmets and other safety precautions do not always prevent motorcyclists from suffering terrible consequences as a result of other drivers’ carelessness. Maggiano, DiGirolamo & Lizzi can help if you have been injured or a member of your family was killed in a motorcycle crash. Please call (201) 585-9111 today for a free consultation with a Fort Lee motorcycle accident lawyer.
As a 33 year licensed motorcyclist in the state of NJ, I have seen a lot of friends/family go through the process of a personal injury suit, and many times the outcome is less than favorable. Let’s face it, there is a lot of bias against bikers out there… So when it was my turn to experience the process first hand, I didn’t hold a lot of hope that I would recover any of what I lost.
Chris DiGirolamo not only got me enough of a settlement to recover what was lost, he got the max available, allowing me to have a little piece of mind for the future as well.
He was patient when I sent endless emails full of questions and kind and understanding with regard to my case. I will ALWAYS refer my friends to this firm, and use them again myself, if the situation ever arises…
Thank you again for all your hard work!
What Are Common Causes for Motorcycle Accidents?
No two motorcycle accidents are the same, but certain situations carry a higher risk for an accident than others.
The majority of motorcycle accidents involve the motorcycle and a full-size vehicle, and the size advantage of a motor vehicle can be very dangerous for a motorcycle rider. More than half of motorcycle accidents occur at intersections, and two-thirds of all crashes occur when the vehicle’s driver does not see the motorcycle.
Cars making left-hand turns at intersections spell serious danger for motorcycles. When the motorcycle tries to go straight through an intersection, tries to pass the car, or tries to overtake the car, the turning car can strike the motorcycle and cause an accident. The motorcycle’s size makes it less noticeable than a regular motor vehicle, and the vehicle driver might not notice the bike until it is too late.
Motorcycle lane splitting occurs when a motorcycle drives between two lanes of slowed (or entirely stopped) traffic. Lane splitting is particularly dangerous because it brings the cars in much closer proximity to the motorcycle, it reduces the space available for maneuvering, and cars do not expect to look out for a motorcycle between the lanes. Lane splitting is illegal in New Jersey and New York, but there are many circumstances involved that could affect your individual situation, including the actions of the driver prior to the accident and the views of the particular judge on lane splitting.
Speeding or alcohol use contribute to nearly half of all accidents involving a single motorcycle. While speeding and driving under the influence are problems for motor vehicle drivers as well, the lack of protection offered by a motorcycle makes the rider more susceptible to serious or fatal injuries.
Collisions between motorcycles and fixed objects account for approximately one-quarter of motorcycle-related deaths, compared to 18 percent of car crash fatalities. Again, the lack of protection offered by a motorcycle makes it more likely for a rider to be thrown from the bike and sustain serious injuries.
Road hazards are more difficult to manage when riding a motorcycle. Slick pavement, dead animals, potholes, uneven lanes, and other unexpected hazards can wreak havoc on a motorcycle because of its smaller size, decreased stability, and decreased number of wheels.
For a free legal consultation with a motorcycle accidents lawyer serving Fort Lee, call (201) 585-9111
What Is the Most Common Motorcycle Injury?
Motorcycle-related injuries vary widely, covering everything from “road rash” to severe neck injuries. Data collected by the National Highway Traffic Safety Administration (NHTSA) found that injuries to the lower extremities represent the highest proportion of injuries sustained in motorcycle accidents.
Analyzing crashes over a 10-year period, the NHTSA found that the five most commonly injured areas of the body in nonfatal motorcycle accidents are:
Other common injuries in motorcycle accidents include:
- Bone fractures: Accidents happen quickly, and since a motorcycle cannot stand up on its own, the bike often falls directly onto the rider, resulting in a broken leg. Broken arms and hands are also common when riders naturally try to break their fall and catch themselves.
- Road rash: A lack of protective clothing can lead to a skin abrasion known as “road rash.” The abrasion can range from mild to severe, and more severe cases require immediate medical attention.
- Whiplash and other neck injuries
- Burns and/or scarring
- Damage to joints, muscles, and other soft tissue
- Back injuries
- Knee injuries
- Shoulder injuries
- Paralysis, including quadriplegia
- Permanent disability
When a motorcycle accident results in serious injuries, it is very important to conduct a thorough investigation. An experienced Fort Lee motorcycle accident lawyer will collect evidence, review your medical records, and consult expert witnesses to establish the seriousness of your injuries and the damages you have sustained.
Maggiano, DiGirolamo & Lizzi can help you collect the right information and build a strong claim on your behalf. Our motorcycle accident attorneys understand the serious toll crashes can take on riders, and we are committed to achieving the best possible result.
Fort Lee Motorcycle Accident Lawyer Near Me (201) 585-9111
What Could You Win in a Motorcycle Injury Suit?
If you have been injured in a motorcycle accident or have lost a loved one in a deadly crash, you could be entitled to compensation for:
- Lost income
- Future lost income
- Lost earning capacity
- Current and future medical expenses
- Rehabilitation and therapy
- Special equipment to accommodate disabilities
- Physical and/or mental impairment
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death
What Is the Average Insurance Settlement for a Motorcycle Accident?
Settlement amounts vary significantly from case to case. This is because no two cases are exactly alike, and the compensation that may be owed to one client is very different from what can be recovered on behalf of another.
You can find a wide range of motorcycle accident settlement figures online. However, you should never assume that these settlement amounts can help you accurately predict what makes a fair settlement in your case.
Multiple factors can affect the value of your motorcycle accident settlement, including:
- How seriously you were injured in the motorcycle accident
- Whether the motorcycle accident resulted in any long-term or permanent effects
- The monetary losses associated with your motorcycle accident injuries
- Emotional or psychological issues you have suffered as a result of the motorcycle accident
- Whether the motorcycle accident resulted in the wrongful death of a member of your family
Comparative fault is another important factor in any motorcycle accident settlement. Under the New Jersey comparative negligence law, “an individual’s fault for the accident cannot be more than the individual from whom damages are sought.” If the evidence shows that your share of responsibility is 50 percent or less, you can still pursue damages but your recovery will be “reduced by the percentage you are considered at fault.”
The insurance company will take full advantage of this to try to offer you a lower settlement or deny your claim altogether. Often, insurance carriers will ignore the evidence and lean into stereotypes that motorcyclists are reckless in an effort to pay riders as little as possible.
A Fort Lee motorcycle accident lawyer at Maggiano, DiGirolamo & Lizzi will negotiate on your behalf to obtain a fair settlement. If necessary, we can file a lawsuit on your behalf to pursue the maximum compensation you deserve.
How Can a Motorcycle Accident Lawyer Help with My Compensation Claim?
Successfully handling a motorcycle accident claim on your own can be extremely challenging. By hiring a motorcycle accident lawyer, you will increase the likelihood that you will receive a favorable settlement or trial award.
A motorcycle accident attorney can help with multiple aspects of your claim, including:
- Investigating the motorcycle accident
- Determining fault and liability for the motorcycle accident
- Communicating with the insurance company on your behalf; injured motorcyclists can make a number of mistakes when they try to deal with insurance on their own
- Handling settlement negotiations and evaluating settlement offers with you
- Filing a motorcycle accident lawsuit (if necessary); your attorney will know what paperwork needs to be filed with the appropriate court
- Preparing your motorcycle accident case for trial (if necessary)
- Going to court and trying your motorcycle accident case (if necessary)
Most motorcycle accident claims are resolved through out-of-court settlements. It is generally not necessary to go to court or even file a lawsuit.
However, if going to trial means the difference between fair compensation and getting less than you deserve, it is crucial to have a knowledgeable motorcycle accident lawyer on your side. At Maggiano, DiGirolamo & Lizzi, our attorneys have decades of combined experience taking cases to trial.
Each of our partners is a member of the Million Dollar Advocates Forum®. Membership in this organization is limited to attorneys who have achieved results of $1 million or more in compensation on behalf of their clients – an accomplishment limited to only 1 percent of the attorneys in the United States.
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Why Do You Need a Motorcycle Accident Lawyer?
As you can see, a Fort Lee motorcycle accident lawyer can help with multiple aspects of your claim after a crash. Experienced legal guidance and support is crucial after a motorcycle accident for a multitude of reasons.
1. Gathering Evidence for Your Motorcycle Accident Claim
Multiple forms of evidence can help you prove that the other driver was at fault and that you are entitled to compensation after a motorcycle accident. Unfortunately, motorcyclists are often too severely injured to collect the necessary evidence on their own.
Our motorcycle accident attorneys promptly send investigators to photograph the scene of the crash. We also interview witnesses, review crash reports, and track down video footage of the accident.
Don’t put yourself in an unsafe situation. A Fort Lee motorcycle accident lawyer can collect evidence on your behalf while you focus on recovery.
2. Identifying Who Is At Fault for the Motorcycle Accident
Unlike other motor vehicles in New Jersey, motorcycles are not covered by PIP insurance. If you have been injured in an accident, your primary means of recovering compensation is to bring a claim against the other driver.
To do this, you will need to present evidence of the driver’s carelessness or wrongdoing behind the wheel. Evidence that can help establish fault in a motorcycle accident includes:
- Photos of the accident scene, including damage to the roadway and the vehicles involved
- Eyewitness testimony
- Details from the police report
- Video of the accident (if available)
- Inspection of the motorcycle and other vehicle(s) involved
Our motorcycle accident lawyers also work with expert witnesses to assess fault and liability. Expert testimony can help bolster your claim against the at-fault driver and any other liable parties (such as the manufacturer of a defective motorcycle component, negligent government agencies that create road hazards, etc.).
3. Calculating Your Motorcycle Accident Damages
The majority of motorcyclists are not aware of the compensable damages available in a motorcycle accident claim. As a result, victims who try to handle the case on their own often settle for far less than they deserve.
Don’t let this happen to you. Our Fort Lee motorcycle accident lawyers will fully assess how severe your injuries are, precisely calculate the economic and non-economic impact you are facing, and account for both current and future damages.
4. Filing Your Motorcycle Accident Claim on Time
Typically, the first step of taking legal action after a motorcycle accident is to make a claim against the at-fault driver’s insurance. A Fort Lee motorcycle accident lawyer can negotiate with the insurance company in an effort to reach a fair settlement.
If it is necessary to file a lawsuit, you have a limited amount of time to take action. Actions for personal injury (including those arising from motorcycle accidents) must be commenced no more than 2 years after the fact (see New Jersey Revised Statutes § 2A:14-2). Two years is also the statute of limitations in New Jersey for wrongful death actions (see New Jersey Revised Statutes § 2A:31-3).
Claims that exceed the statute of limitations will be barred by the court. You do not want to miss the opportunity to pursue compensation, so it is important to start working with a motorcycle accident attorney as soon as possible.
5. Winning Your Motorcycle Accident Case
Bottom line, it is extremely difficult to achieve a favorable result when you try to handle a motorcycle accident claim on your own. Whether it is a fair settlement or the maximum trial award, you need a motorcycle accident lawyer to take action on your behalf.
At Maggiano, DiGirolamo & Lizzi, our Fort Lee motorcycle accident lawyers are committed to achieving the optimal result for each client. Each case we handle is unique, and our success is driven by our focus on meeting each client’s needs and working together toward a common goal.
Contact an Experienced Motorcycle Accident Attorney
Motorcycle accidents commonly result in catastrophic injuries, permanent disability, and an ongoing need for medical care. Your life can be turned upside down, and our motorcycle accident lawyers can help you make things right. The experienced motorcycle accident attorneys at Maggiano, DiGirolamo & Lizzi have experience litigating multi-million dollar motorcycle accident claims, and they will make sure you and your family get the full compensation you deserve. Call (201) 585-9111 or fill out a quick inquiry form to schedule your free and confidential consultation.