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Motorcycle accident lawyers

Newark Motorcycle Accident Lawyers  

The physical and legal consequences of motorcycle accidents differ significantly from those of typical vehicle collisions. The exposed nature of motorcycle riders means more serious injuries, requiring legal representation that understands both the medical and legal aspects of these cases. When facing the aftermath of a motorcycle accident in Newark, having knowledgeable legal counsel can make a substantial difference in your case’s outcome.

Goldstein & Goldstein, LLP has built a reputation for representing clients in these cases throughout the region. Our Newark motorcycle accident lawyers recognize the distinct factors that contribute to motorcycle accidents and fight tirelessly to protect your rights. We approach each case with thorough preparation and attention to the specific circumstances that led to the accident.

How Do Car Drivers Cause Motorcycle Crashes?

Car drivers are involved in a significant percentage of motorcycle crashes, often due to their failure to properly detect, acknowledge, or accommodate motorcycles on the road. Many car drivers lack awareness of motorcycles’  characteristics and vulnerabilities, leading to dangerous situations that can result in serious accidents.

Common ways car drivers cause motorcycle crashes include:

  • Failure to check blind spots. Not looking carefully before changing lanes or merging.
  • Left-turn collisions. Making left turns across traffic without seeing oncoming motorcycles.
  • Following too closely. Tailgating motorcycles without considering their shorter stopping distances and increased vulnerability.
  • Distracted driving. Using phones, adjusting radios, or other distractions prevent drivers from noticing motorcycles sharing the road.
  • Misjudging motorcycle speed and distance. Incorrectly estimating how fast a motorcycle is approaching or how much space is needed when pulling out or turning.
  • Opening car doors without looking. “Dooring” parked motorcycles, especially in urban areas with street parking.
  • Aggressive driving behaviors. Road rage, cutting off motorcycles, or deliberately intimidating riders due to impatience or frustration.

What Makes Motorcycle Accident Cases Different From Other Vehicle Accidents?

The following factors make these crashes different from other motor vehicle accidents:

  • The physics of motorcycle accidents often results in more severe injuries due to the lack of protective barriers between the rider and the road surface. 
  • Insurance companies frequently approach motorcycle accident claims with increased scrutiny, sometimes unfairly attributing fault to the motorcyclist based on preconceived notions about motorcycle riding.
  • The legal framework surrounding motorcycle accidents also includes specific regulations and statutes that may not apply to other vehicle types. For example, New Jersey motorcycle laws address helmet requirements, licensing standards, and lane-splitting regulations that can influence liability determinations. 

Understanding these factors, regulations, and how they apply to individual cases requires focused legal knowledge. Our Newark motorcycle accident lawyers leverage that to pursue successful claims.

How Do I Prove Liability in a Newark Motorcycle Accident?

Establishing liability in motorcycle accident cases requires a comprehensive investigation and evidence collection. The process begins with accident scene documentation, including photographs of vehicle positions, road conditions, traffic signals, and any relevant environmental factors. Police reports provide official documentation of the incident, though these reports may require supplementation with additional evidence.

Witness statements play a vital role in liability determination, particularly when the accounts of involved parties differ. Independent witnesses can provide objective perspectives on how the accident occurred and which party bore responsibility for the collision. Medical records also contribute to liability proof by documenting the extent and nature of injuries, which can indicate the severity of impact and support claims about accident dynamics.

Traffic violation citations issued at the scene can serve as strong evidence of negligence. When another driver receives a citation for speeding, running a red light, or failing to yield, that documentation can support the motorcycle rider’s liability claim. However, the absence of citations does not preclude successful liability claims, as violations may not always be apparent to responding officers.

What Types of Compensation Are Available for Motorcycle Accident Injuries?

Our Newark motorcycle accident lawyers pursue different categories of compensation for our clients: 

  • Medical expenses represent the most immediate financial impact, covering emergency treatment, surgeries, rehabilitation, and ongoing medical care. These costs often extend well beyond the initial treatment, particularly for severe injuries that require long-term medical intervention.
  • Lost wages and diminished earning capacity address the ‘economic’ impact of injuries that prevent return to work. This compensation category includes both immediate income loss and future earning potential that may be affected by permanent disabilities or limitations. Documentation of employment history, salary records, and medical assessments of functional limitations supports these claims.
  • Pain and suffering compensation addresses the ‘non-economic’ impacts of motorcycle accidents, including physical discomfort, emotional distress, and reduced quality of life. These damages acknowledge that accidents affect more than just financial well-being, impacting personal relationships, recreational activities, and overall life satisfaction. Calculating appropriate pain and suffering awards requires careful consideration of injury severity, recovery time, and long-term effects.
  • Property damage compensation covers motorcycle repairs or replacement, as well as damaged safety equipment and personal belongings. While motorcycles may have lower replacement values than automobiles, specialized parts and custom modifications can result in significant repair costs that should be fully compensated.

What if I Did Not Wear a Helmet?

New Jersey Helmet Law – P.L. 39:3-76.7 reads as follows: “No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the federal DOT. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides.”

Not wearing a helmet significantly increases your risk of severe head injuries and death in a crash. If you are in an accident without a helmet, it does not automatically make you at fault, but insurance companies and opposing lawyers may argue that your injuries were worsened by your choice not to wear protective gear. This could potentially reduce your compensation through comparative negligence laws.  

Newark Motorcycle Accident Lawyers at Goldstein & Goldstein, LLP Help Injured Motorcyclists Pursue Fair Compensation for All Damages Suffered

Our Newark motorcycle accident lawyers at Goldstein & Goldstein, LLP understand the challenges facing motorcyclists who have been injured in accidents. We work diligently to investigate each case thoroughly, build strong liability arguments, and fight to pursue justice. For a free consultation, call our East Orange, New Jersey office at 973-675-8277 or contact us online. We proudly serve clients in the surrounding areas.

Goldstein & Goldstein, LLP Personal Injury Attorneys
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