dover motorcycle accident attorney in Dover , New Jersey

I’ve Just Been Charged — What Happens to Me Now?

You’re likely feeling overwhelmed, perhaps even scared, about what comes next after a motorcycle accident in Dover, New Jersey. This is a common and completely understandable reaction.

Direct answer: The immediate steps following a motorcycle accident are critical and can significantly impact your future legal claim. First, seek immediate medical attention for any injuries, even if they seem minor. Delaying medical care can not only harm your health but also weaken your personal injury claim by creating doubt about the cause or severity of your injuries. Next, report the accident to the police and ensure a police report is filed. Collect as much information as possible at the scene: contact details for all parties involved, witness information, photos of the accident scene, vehicle damage, and your injuries. Do not admit fault or make statements that could be misconstrued. Finally, contact a knowledgeable attorney at Law Offices Of SRIS, P.C. before speaking with any insurance adjusters.

Reassurance: We understand that navigating the aftermath of a motorcycle accident feels like an uphill battle. You’re not alone in this. Our team is here to shoulder the legal complexities, offering clear explanations and unwavering support every step of the way. We’re committed to ensuring your rights are protected, and we’ll work tirelessly to pursue justice and fair compensation for your suffering. Take a deep breath; we’re ready to guide you.

What the Law Says in Dover , New Jersey

Understanding the legal framework governing motorcycle accidents in New Jersey is vital for protecting your rights and pursuing a successful claim.

New Jersey operates under a fault-based system for auto insurance, which means the person responsible for causing the accident is also responsible for the resulting damages. However, aspects like “no-fault” insurance can add layers of complexity, particularly for motorcyclists. While standard auto insurance policies in New Jersey typically include Personal Injury Protection (PIP) coverage for medical expenses under a no-fault system, motorcyclists are often excluded from PIP benefits. This means their medical bills usually fall under standard health insurance or are directly tied to the at-fault driver’s liability insurance.

New Jersey law also dictates specific requirements for motorcyclists, such as mandatory helmet use for all riders and passengers. Failure to comply with these laws could potentially impact a personal injury claim, as the defense might argue comparative negligence. However, helmet laws don’t automatically bar recovery; they primarily relate to head injuries, and other injuries may still be fully compensable.

Furthermore, New Jersey follows a “modified comparative negligence” rule (also known as the “51% Rule”). Under this rule, if you are found to be 51% or more at fault for the accident, you cannot recover any damages. If you are found to be less than 51% at fault, your recoverable damages will be reduced by your percentage of fault. For example, if you are deemed 20% at fault for an accident and your total damages are $100,000, you would only be able to recover $80,000. This rule underscores the importance of a thorough investigation to accurately establish fault and minimize your perceived contribution to the accident.

Damages in a motorcycle accident claim can include economic and non-economic losses. Economic damages are quantifiable financial losses, such as: medical expenses (emergency care, hospital stays, surgeries, rehabilitation, medications, and future medical treatment), lost wages (compensation for income lost due to time off work for recovery, as well as loss of future earning capacity if the injuries result in long-term disability), and property damage (costs to repair or replace your motorcycle and any other damaged personal property).

Non-economic damages are non-monetary losses that compensate for the impact the accident has had on your quality of life, including: pain and suffering (physical pain, emotional distress, and mental anguish resulting from the injuries), loss of enjoyment of life (compensation for the inability to participate in hobbies, activities, or aspects of life you enjoyed before the accident), and disfigurement and scarring (damages for permanent physical alterations).

The statute of limitations for personal injury claims in New Jersey is generally two years from the date of the accident. This means you typically have two years to file a lawsuit, or you may lose your right to pursue compensation. However, there can be exceptions, so it’s always best to consult with an attorney promptly to ensure deadlines are not missed.

What You Can Do Today

Taking decisive action immediately following a motorcycle accident is crucial for protecting your rights and building a strong legal claim.

1. **Prioritize Medical Treatment and Document Everything:** Your health is paramount. Seek immediate medical attention, even if your injuries initially seem minor. Some serious injuries, like concussions or internal bleeding, may not manifest symptoms immediately. Follow all medical advice, attend all appointments, and keep meticulous records of every doctor’s visit, prescription, therapy session, and medical bill. This comprehensive documentation is essential for proving the extent and cost of your injuries in a legal claim. A gap in treatment can be used by insurance companies to argue that your injuries were not serious or were caused by something other than the accident.
2. **Gather Evidence at the Scene (If Safe) and Preserve Information:** If your physical condition allows, collect evidence at the accident scene. Take photographs and videos from multiple angles, capturing vehicle damage, road conditions, traffic signs, skid marks, and any visible injuries. Exchange contact and insurance information with all involved parties. Crucially, obtain contact details from any witnesses, as their unbiased accounts can be invaluable. Do not discuss fault with anyone. After leaving the scene, avoid posting anything about the accident on social media, as these posts can be used against you. Preserve your damaged motorcycle and any riding gear, as they may contain important evidence.
3. **Consult with an Experienced Personal Injury Attorney Promptly:** Before you speak with any insurance adjusters or sign any documents, contact an attorney at Law Offices Of SRIS, P.C. as soon as possible. Insurance companies often try to settle cases quickly for the lowest possible amount, and they may pressure you into making statements or accepting offers that don’t fully cover your losses. An attorney will provide you with a confidential case review, explain your rights, assess the strength of your claim, and handle all communication with insurance companies on your behalf. This early intervention is critical to prevent mistakes that could jeopardize your ability to recover fair compensation.

In simple terms: Get medical help and keep records, collect photos and witness info from the scene, and then talk to a knowledgeable lawyer before anyone from the insurance company.

How We Start Building Your Defense

When you entrust your motorcycle accident case to Law Offices Of SRIS, P.C., our first step is to listen intently to your story.

We understand that this isn’t just a legal matter; it’s a deeply personal experience that has impacted your life. Our seasoned attorneys then move swiftly to initiate a comprehensive investigation, meticulously gathering all available evidence to construct a robust case on your behalf.

Our process typically includes: thorough accident reconstruction, where we work with accident reconstruction experts and investigators to analyze the scene, review police reports, and examine vehicle damage to understand precisely how the accident occurred and who was at fault. We conduct medical documentation review, obtaining all your medical records, bills, and prognoses from healthcare providers to accurately quantify your physical injuries, pain, and suffering, as well as any long-term care needs. We conduct witness interviews and, if necessary, consult with medical professionals, economists, or vocational rehabilitation specialists to fully assess the impact of your injuries on your life and future earning capacity. Our team carefully calculates not only your current medical expenses and lost wages but also projected future medical costs, lost earning potential, pain, suffering, and emotional distress to arrive at a comprehensive figure that reflects all your losses. With a thoroughly documented case, we engage in direct negotiations with the at-fault party’s insurance company, striving to secure a fair settlement that fully compensates you without the need for a lengthy trial. Our attorneys are well-versed in insurance tactics and are prepared to counter lowball offers with compelling evidence. While we strive for out-of-court settlements, we are always prepared for litigation, taking your case to court if the insurance company refuses to offer just compensation. Our team has extensive trial experience and will vigorously advocate for your rights before a judge and jury. Mr. Sris, with his extensive experience, leads our efforts, ensuring every strategic decision is made with your best interests at heart.

Our commitment is to provide you with knowledgeable and compassionate representation, guiding you through each phase of the legal process. We’re here to fight for your recovery and ensure that those responsible for your injuries are held accountable.