What Are Your Potential Sources of Recovery for Your Losses?
A motorcycle accident can occur when there’s a collision or if the motorcycle operator has to lay down the bike. Either type of accident can cause significant injuries to a passenger. What are the potential sources of recovery when you’re hurt as a passenger on a motorcycle?
The first place you typically look is to other motorists involved in the crash. As a general rule, most motor vehicle accident claims are based on legal theory of negligence. That means that, with respect to another motorist, you’ll have to show that they failed to act reasonably (operate the bike as a reasonable person would) under the circumstances, thereby causing the accident and the losses you suffered.
Person Operating the Motorcycle on Which You Were Riding
Suppose the accident was caused by the person with whom you were riding. Maybe that person ran a red light, took a corner too fast, or failed to pay attention to the road. In New Jersey, you can always bring a lawsuit against that person, provided you are not related to them. You can even bring a personal injury claim against a relative, provided you don’t live with them. If you reside in the same home, you’re covered by their motor vehicle insurance policy, so you won’t have a right to file a separate claim.
Person or Entity Responsible for Maintaining the Road
If your accident is caused by roadway defects, you may be able to bring a lawsuit against the person or agency with responsibility for keeping up the road. With respect to a municipal organization, though, there may be different rules regarding when and how to proceed with a claim.
Designer, Manufacturer, Distributor, or Retailer of a Defective Product
You may be able to file a product liability claim against any party in the chain of manufacture or distribution if your accident is caused by the malfunction or breakdown of a component of the motorcycle, another car, or some other device.
Contact Our Office
At the Lee Law Firm, we have extensive knowledge and experience successfully handling motorcycle accident claims. Call us at 973-315-9080 or contact us online to schedule an appointment. We are available to meet with you evenings and weekends, if necessary. We welcome all major credit cards. ¡Nosotros hablamos español!