The Clark area draws bikers from in and out of the state. Unfortunately, other motorists may fail to take precautions to protect bikers, which can lead to wrecks. A biker who is able to lay down their bike and walk away without injuries is rare. Even low-impact motorcycle wrecks can lead to severe injuries like traumatic brain injuries (TBIs), spinal cord injuries, broken bones, amputations, and crush injuries.
When you are injured in one of these wrecks, you may be entitled to compensation for your physical, emotional, and financial injuries. A Clark motorcycle accident lawyer from Fredson Statmore Bitterman, LLC can review the facts behind your incident and advise you of your potential legal options. Call today to work with a dedicated personal injury attorney.
Bias Against Bikers
Many people have a bias against bikers, even if it is subconscious. They view riding a motorcycle as an inherently dangerous activity and act as if bikers assume that heightened risk if they choose to ride a bike. They may also generalize risky behavior by some bikers and assume that all riders engage in that same behavior.
That is simply untrue. In most motorcycle wrecks, other motorists are at fault in the accident. Unfortunately, this bias can impact the perception of liability, resulting in low-ball settlement offers. One of the jobs of a Clark motorcycle accident lawyer is to investigate the accident and get the proof needed to demonstrate wrongdoing by other parties. With that evidence, our personal injury attorneys can combat any anti-biker bias.
Motorcycle Helmet Laws
New Jersey Revised Statutes § 39:3-76.7 requires bikers to wear a helmet. The law applies to both bikers and their passengers and there are also rules regarding the type of helmets that are acceptable. The helmet must be approved by the federal Department of Transportation (DOT), sized correctly for the individual, reflectorized on both sides, and secured with a neck or chin strap.
Using a helmet can save lives and protect people from life-changing injuries. Riders without helmets are approximately three times as likely to die and twice as likely to sustain serious injuries. While some bikers object to helmets because they feel like they impede visibility, properly sized DOT-approved helmets do not interfere with peripheral vision. Not only is it the law, but it is also best practice for a rider to use a helmet.
However, it is essential to understand that failure to use a helmet will not necessarily prevent a biker from recovering compensation in a motorcycle accident. New Jersey Revised Statutes § 2A:15-5.1 outlines the state’s contributory negligence laws. Contributory negligence means a biker is partially responsible for their own injuries and is not an absolute bar to recovery as long as the injured person’s negligence is not greater than the negligence of the defendant. A Clark attorney can examine fault and provide advice about whether a motorcycle accident victim has a claim and how to proceed.
Causes of Motorcycle Wrecks
To determine fault, a Clark motorcycle wreck lawyer will look at the facts and evidence involved in a case. The leading cause of motorcycle wrecks is negligence by other motor vehicle operators. Car and truck drivers often fail to look out for motorcycles. They may also engage in risky driving behavior, usually not out of malice but because they do not understand the particular challenges bikers face. They may merge into bikers, rear-end them, stop short at an intersection, or even open a car door in their pathway.
Not every accident is because of other drivers. Sometimes, bikers are responsible for their wrecks. Other times, single-vehicle wrecks have an external cause — like defective motorcycle parts or safety gear or poorly maintained roads. Often, wrecks are due to a combination of factors, and determining the percentage of each factor that plays a part in the wreck can help determine an injured person’s compensation.
Speak With a Motorcycle Accident Attorney in Clark
Physical pain, emotional trauma, and financial devastation often accompany motorcycle wrecks. They impact not only the victim but also their family, friends, and other loved ones. In fact, the financial pressure from medical bills and lost wages can place pressure on injured bikers, leading many people to accept settlement offers that are not sufficient to pay for their medical bills or other financial expenses, much less compensate for pain and suffering or loss of companionship.
Before accepting a settlement offer, you owe it to you and your family to talk to a Clark motorcycle accident lawyer. At Fredson Statmore Bitterman, LLC, we offer free consultations so you can get professional advice before making any decisions.
