New Jersey Motorcycle Accident Attorney

Why Choose Varcadipane & Pinnisi, P.C. for Your Motorcycle Accident Case?

When you have been injured in an accident, seeking the right legal representation is crucial to protect your rights and recover the compensation you deserve. At Varcadipane & Pinnisi, P.C., we have been serving clients throughout the New Jersey metro area with 40 years of combined experience. Our team of experienced attorneys is dedicated to fighting for the rights of injury victims and ensuring they receive the justice they deserve.

  • With our firm’s extensive experience in personal injury law, we have recovered millions of dollars for our injured clients.
  • Our track record of success speaks for itself, and we are ready to put our knowledge and experience to work for you.
  • As certified civil trial attorneys, we have the skills and resources necessary to effectively litigate your case and pursue the maximum compensation available.

Choosing an attorney who is recognized by prestigious organizations is another reason to choose Varcadipane & Pinnisi, P.C.

  • Our attorneys are members of the Million Dollar Advocates Forum
  • Members of our team have been recognized as Super Lawyers
  • We have a Certified Civil Trial Attorney on our team

These accolades demonstrate our commitment to excellence and our ability to achieve exceptional results for our clients.

Table Of Contents

Benefits of Hiring a Motorcycle Accident Attorney

It’s always important to recognize the benefits of hiring a motorcycle accident lawyer. Dealing with the aftermath of an injury can be overwhelming, but having our skilled attorneys by your side can make a big difference in the outcome of your case. Here are a few key reasons:

  • Experience: Our personal injury lawyers have a wealth of experience in handling cases like yours. We understand the legal system and have the knowledge and resources to navigate through complex laws and regulations. With our guidance, you can avoid common pitfalls and maximize your chances of receiving fair compensation.
  • Negotiation Skills: When dealing with insurance companies, you want a skilled negotiator on your side. Our attorneys are trained in the art of negotiation and know how to advocate for your rights. We will work tirelessly to ensure that you receive the full and fair compensation you deserve.
  • Peace of Mind: Dealing with the aftermath of an injury can be stressful, especially when you’re trying to recover physically and emotionally. Hiring our injury law firm allows you to focus on your recovery while we handle the legal aspects of your case. We will handle all the paperwork, communicate with insurance companies, and fight for your rights, giving you the peace of mind you need during this difficult time.

Don’t hesitate to seek legal representation from Varcadipane & Pinnisi, P.C., if you’ve been injured.

A New Jersey Motorcycle Accident Attorney Near You

New Jersey motorcycle accident attorney understands that riding a motorcycle gives drivers a sense of freedom on the open road. You get to feel the wind rushing by you as you enjoy the warmth of the spring day. However, cruising down the road on your motorcycle, you are more likely to suffer fatal injuries in a crash.

According to The Office of the Attorney General for the state of New Jersey, 81% of motorcycle drivers were wearing a DOT-approved helmet but still suffered fatal injuries. This goes to show how vulnerable motorcycle drivers are in crashes.

With such limited protection, motorcyclists need representation they can count on. Motorcycle injuries can be severe, and often the damage to the bike is irreparable. The motorcycle accident attorneys at Varcadipane & Pinnisi, P.C. understand the suffering associated with a motorcycle crash and are here to help.

motorcycle accidents in NJ

Factors Contributing to Motorcycle Accidents

Motorcyclists have no barriers between themselves and the road. Keeping this in mind, motorcyclists wear helmets, leather jackets, vests, chaps, and gloves to protect themselves from road abrasion in the event of a crash.

Motorcyclists take extra precautions to check their blind spots, leave extra room between themselves and other vehicles, and use hand signals before changing lanes.

Even with all these precautions in place, a motorcyclist is 29 times more likely to die in a crash than a passenger vehicle driver.

According to the Insurance Institute for Highway Safety (IIHS), motorcyclists are more at risk of being seriously injured in a collision for two main reasons:

  • Motorcyclists are less stable than passenger vehicles during maneuvers such as emergency braking and swerving and are less visible on the road; and
  • When motorcyclists crash, they lack the protection of a closed vehicle, so they are more likely to be injured or killed

New Jersey Motorcycle Accident Lawyers Helping You in a Collision

Motorists often do not realize that motorcycles function differently than cars. Upon approaching a red light, motorcyclists first downshift before coming to a complete stop. Frequently motorists do not realize that the motorcyclist is slowing down since they do not see brake lights appear.

A leading cause of many motorcycle collisions is distracted drivers. Anytime a driver takes their mind or eyes off the road, and their hands off the wheel, they significantly increase their chances of getting into an accident.

These distractions come at a price for motorcyclists. Motorcyclists are already at greater risk of being hit when visibility is limited, such as driving at night or in inclement weather. Distracted driving, while easily preventable, puts motorcyclists in grave danger.

Types of Motorcycle Accidents

Common causes of motorcycle crashes are: New Jersey motorcycle accident lawyer

  • Left-turn accidents: a driver taking a left-hand turn at an intersection may collide with a motorcyclist going straight
  • Rear-end collisions: a driver may collide with a motorcyclist if they fail to notice that they are downshifting or due to poor visibility
  • Improper lane change: a driver switching lanes suddenly and moving into a motorcyclist’s path may cause a collision

Causes of Motorcycle Accidents

While we mentioned a few motorcycle accidents, there are many more, and the underlying issue with many of these collisions is driver error. Do not assume you know what led to your accident, allow an investigator to do their job and find evidence that proves what happened.

Driver error

Motorcyclists are notorious for reckless driving, but that is untrue. All drivers can commit errors that can lead to a motorcycle accident. The most common driver errors are: Motorcycle speeding in new jersey

  • Speeding: many accidents are the result of a driver speeding. When a driver speeds, their reaction times are slower, and they cannot stop when they see a hazard or another vehicle ahead. Nearly a third of motorcycle accidents involve speeding.
  • Not checking blind spots: there are several areas around a vehicle that have blind spots, and when a driver is switching lanes, they must check these areas. If they fail to check blind spots, they can miss a motorcycle. Serious motorcycle accidents are the result of motorists not seeing motorcycles. Switching lanes, backing up, and turning are all actions that require motorists to double and triple-check blind spots and avoid an accident.
  • Driving under the influence: drugs and alcohol will heavily impact the ability of drivers to function, and when they get behind the wheel, they do not see anything else in front of them.
  • Distractions: there are many distractions on the road, from GPS, cell phones, grooming, eating, and changing the radio. When Bronx drivers take their eyes off the road to address one of these distractions, they put others in danger. A motorcycle accident can happen in seconds when drivers are not paying attention.

Motorcycle defects

A manufacturing defect on a motorcycle can cause the vehicle to malfunction and lead to a collision. These defects occur during the manufacturing process, way before the bike gets to the hands of the consumer. Design defects happen when there is a discrepancy with the bike’s design. There are also defective parts that can contribute to a motorcycle accident. Most often, you will see defects like:

  • Leaky fuel tanks
  • Fault brakes
  • Wobbly tires
  • Faulty exhausts

When your bike is suffering from a defect, and you are in a motorcycle accident, the manufacturer or designer is a responsible party you must hold liable in your claim.

Weather and road conditions

Mother nature controls when it will rain and be sunny, but drivers control how they drive in these conditions. Fog, rain, and snow are hazardous conditions for two-wheel drivers. When it rains and there is an accident, many drivers do not think they have any options. When other drivers are on the road, they participate in negligent practices like:

  • Following too closely
  • Not using headlights during times of poor visibility.
  • Driving at unsafe speeds for the conditions. This does not include speeding, as you can drive too fast for the conditions and be under the speed limit.
  • Driving an improperly maintained vehicle, such as worn tires or broken tail lights

causes of motorcycle accidents

The road is also imperative to safe driving. When there are road hazards, it is dangerous for motorcycles because they have less to maneuver with and react to these hazards. Some road hazards that can cause a motorcycle accident and require a local government to be held responsible include:

  • Potholes
  • Uneven pavement
  • Debris on the road
  • Loose asphalt or gravel
  • Slick pavement
  • Construction zones and materials

Bike riders believe these are hazards that are simply a part of being on the road. Still, the local municipality is responsible for maintaining the road and ensuring all drivers are safe. Your injuries directly result from their negligence, and they must pay for their actions.

Motorcycle Accident Injuries

Queens Riders will wear protective gear just in case an accident occurs, but some accidents are so severe that this gear can only do so much. Some motorcyclists feel fine after the accident but begin to feel more pain a day or two later. The adrenaline and shock of the accident can cause you to feel a delay in symptoms, so you must pay close attention and get medical care the moment you feel weird. Riders will often suffer from multiple injuries, which is why these accidents are so severe. Common motorcycle accident injuries include:
common injuries in motorcycle accidents

  • Burns, road rash, and skin infections
  • Organ damage
  • Loss of limb
  • Lacerations and cuts
  • Traumatic brain injuries
  • Head trauma
  • Loss of hearing, sight, or speech
  • Facial injuries
  • Spinal cord injuries
  • Arm and leg injuries
  • Neck and back injuries
  • Whiplash
  • Sprains and strains
  • Broken bones

Motorcycle accident victims require specialists, which can be challenging to find and pay for. You will require hospitalization, surgery, physical therapy, medication, and other rehabilitative care. You cannot return to your daily functions while getting care, which causes a more considerable burden. Work with an NJ motorcycle accident lawyer to ensure you get the best care and financial protection during this challenging time.

New Jersey Motorcycle Insurance

The Garden State is known for motorcycle accidents. Unfortunately, New Jersey does not offer motorcyclists Personal Injury Protection (PIP) for insurance coverage.

However, motorcyclists are required to have minimum coverage, which includes:

  • $15,000 for bodily injury per person per accident
  • $30,000 for total bodily injury per accident
  • $5,000 for property damage per accident

This coverage is often not enough when a motorcyclist is involved in an accident. If a motorcyclist is interested in using the other driver, they need to begin the lawsuit within two years of the date of the accident. This deadline is known as the statute of limitations. If you wait longer, then you will not be able to recover the compensation you deserve.

What mistakes Should be Avoided?

There are big mistakes, and there are small ones, but any error can hinder your ability to recover compensation after a motorcycle accident. When you have a motorcycle accident lawyer in New Jersey on your team, we can help you avoid these pitfalls.

Admitting fault

Never admit fault or say anything that makes it seem like you could be at fault. Saying “I’m sorry” can be enough for investigators to believe that you are responsible for causing the accident. Say as little as possible and keep details vague when speaking to police, insurance companies, or witnesses. Admitting fault or implying fault can mean you are left to pay for the accident’s losses. You can also face additional penalties like traffic tickets and insurance increases when you are at fault for an accident. Do not try to determine who is at fault; leave that to the professionals.

Giving the insurance company too much information

You are required in your policy to notify your insurance company of a motorcycle accident, but you are only required to give them exhaustive information. Have your New Jersey motorcycle lawyer handle all communications on your behalf, including when you need to provide a statement to the insurance company.

The insurance company is looking to reduce liability; therefore, they want you to slip up and say the wrong thing. They will also send you documentation to fill out and sign, which can result in significant consequences in the future. If the insurance adjuster wants you to sign a medical release, they can look at all of your medical records and find a prior injury or procedure they can pin your pain on. You do not need to speak to the other insurance company.

Waiting too long

Time is of the essence in motorcycle accident claims. Evidence will disappear, and there are stringent deadlines you must follow. Accident victims often postpone contacting a motorcycle accident lawyer because they do not believe they have a case or have time. Having a certified civil trial attorney is vital because they can persevere with evidence, talk to witnesses, gather documents, handle communications with the insurance company, and build your case.

Are You Inside of the Time Frame to File a Lawsuit in NJ?

The statute of limitations for your personal injury case is 2 years. Exceeding it can severely limit or completely invalidate your legal options for seeking compensation. Act swiftly to ensure your rights are preserved and explore your legal recourse before time runs out, otherwise, the likelihood of pursuing your case successfully may diminish considerably. However, if your claim is against a public entity, your timeframe can be significantly shorter.

Additionally, there is a two-year statute of limitations for all New Jersey personal injury cases. Two years can seem like ample time, but the insurance company is working diligently to bar you from ever getting a dime for your losses. Investigations and negotiations take a long time, and that two-year window can close up very quickly. The vehicle you are in an accident will also determine how long you must file a claim. You will have a few months to take action if it is a government-run vehicle. Move quickly and consult with Jersey motorcycle accident lawyers to ensure you do not miss your chance.

Social media posts

The new age is here, and social media has led to everyone sharing every nuance of their life. Keeping friends and family updated through social media is convenient but also detrimental after an accident. Insurance companies and their New Jersey personal injury lawyers are looking through your social media for any mention of the accident, so they can use this as evidence. Having a private account does not prevent insurance companies from finding ways to see your post.

Do not just avoid posting about the accident on social media but refrain from posting in general. Having fun with your friends is evidence that the insurance company will use to diminish your injuries. If you are in a motorcycle accident, resort to avoiding posting online until the claim is resolved. Provide updates to friends and family in person or on the phone. When you hang out with friends, avoid pictures or posting them.

Accepting the first settlement offer you receive

A severe injury will leave you out of work and result in medical bills hitting your inbox constantly. These expenses will make victims want to settle fast. The insurance company knows most people are unwilling to wait for full and fair compensation, and they will swoop in and offer a lower settlement. You are under stress, and the insurance company sends you an offer; you take it but later find out your injuries require extensive care, and your settlement offer will not cover them. When that happens, you lose your legal option because accepting a settlement involves signing a release and barring you from filing a lawsuit.

Your Motorcycle Accident Case Value

You need to make many decisions, but evaluating your case’s worth is not one. You are not a New Jersey motorcycle lawyer and therefore do not know how much an injury costs. You are also not a doctor and can not predict the future expenses you will incur for medical care. The same injury on different people can have different impacts on their lives. Before we can evaluate your case, you must reach maximum medical improvement, which is the best improvement you can make from your injuries.

Your Jersey motorcycle accident lawyers will work with medical professionals and financial experts to determine how the injury currently and in the future impacts your life. They will also calculate the cost of future medical care. When the time comes, we will combine all these expenses and request the amount from the insurance company through a demand letter. Several parties can award you damages depending on how far your case goes, including the insurance company, judge, or jury.

You can garner three categories of financial compensation from a New Jersey motorcycle accident claim. damages of motorcycle accidents

  • Economic damages: any expenses that have a tangible loss, like property damage and medical bills. These are easy to calculate as you have the documentation for them. You will also need to account for future losses, which is a bit more challenging, but your past bills can indicate your future bills.
  • Non-economic damages: include losses that do not have a price tag attached and those fall under non-economic damages. Pain and suffering, disfigurement, disability, and a diminished quality of life fall into this category.
  • Punitive damages: In cases involving egregious negligence, victims can recover punitive damages. These damages punish the negligent party, and you cannot calculate them. The court will award them as they see fit, and there are limits to how much you can receive if you are eligible.

In some instances, children, spouses, and parents can also seek compensation for loss of consortium and guidance. You will often see these awards in cases where the driver loses their life.

Benefits of Having an Experienced Motorcycle Accident Attorney

A motorcycle accident will alter the rest of your life, and you cannot leave your future in the hands of the insurance company. Instead, you must find adequate representation to secure compensation and protect your rights. There are many roles your experienced New Jersey motorcycle accident attorney will play. We will:

  • Conduct an investigation
  • Collect medical files
  • Communicate with the insurance company and others
  • Negotiate a fair and full settlement
  • File all relevant paperwork
  • Work with expert witnesses
  • File a lawsuit
  • Represent you in mediation
  • Prepare for trial

Having the right New Jersey Certified trial attorney is invaluable after a motorcycle accident.

Contact a New Jersey Motorcycle Accident Attorney

If a motorcyclist suffers from injuries or property damage due to a collision, it’s always in their best interest to discuss their situation with a knowledgeable attorney. When you need guidance, Varcadipane & Pinnisi, P.C. is only a phone call away. Contact us today to learn more about what we have to offer.

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Frequently Asked Questions

If you’ve been injured due to someone else’s negligence, you may have questions about your rights and what steps to take next. Here are some frequently asked questions about motorcycle accident cases:

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Yes, it is highly recommended to seek the guidance of a skilled New Jersey motorcycle accident attorney after being involved in a motorcycle accident. A lawyer can help protect your rights, negotiate with insurance companies, gather evidence, and pursue compensation for your injuries and damages.

Without legal representation, you may unknowingly accept a settlement that is far below what you deserve. An experienced New Jersey motorcycle accident attorney will assess the specifics of your case and guide you through the legal process, ensuring your best interests are represented.

To establish negligence in a motorcycle accident case, you must demonstrate that the other party involved in the accident breached their duty of care towards you, directly causing your injuries and damages. This can be done by collecting and presenting evidence such as:

  • Police reports
  • Witness statements
  • Photographs of the accident scene
  • Medical records and bills
  • Expert testimonies

Working with a knowledgeable motorcycle accident lawyer is important when gathering and presenting this evidence in a compelling manner to establish negligence and hold the responsible party accountable.

In New Jersey, the statute of limitations for filing a personal injury lawsuit after a motorcycle accident is generally two years from the date of the accident. It is essential to consult with a New Jersey lawyer promptly to ensure you meet the deadline and protect your rights.

Failing to file a lawsuit within the statute of limitations may result in the court dismissing your case, preventing you from seeking compensation for your injuries and damages. Find more information about it here: NJ Statute of Limitations for Personal Injury

Yes, New Jersey law requires all motorcycle operators and passengers to wear helmets. Helmets must be approved by the U.S. Department of Transportation (DOT) and properly fastened under the chin.

Wearing a helmet not only reduces the risk of severe head injuries but also demonstrates responsibility and adherence to the law. Failure to wear a helmet can potentially impact the outcome of your motorcycle accident case, as it may be interpreted as contributing to your injuries.

Find out more about the Helmet laws in New Jersey.

Yes, operating a motorcycle in New Jersey requires a specific motorcycle license or endorsement on your regular driver’s license. To obtain a motorcycle license, you must pass a knowledge test and a road test, demonstrating your ability to safely operate a motorcycle.

Having the appropriate license and endorsements is crucial in establishing your compliance with New Jersey traffic laws and regulations. Lack of a proper license can negatively impact your motorcycle accident case, potentially reducing your chances of recovering full compensation.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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