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No-Impact Motorcycle Accident Claims

July 3, 2023 by

Can You File a Personal Injury Claim If There Was No Collision?

No-Impact Motorcycle Accident Claims ImgYou don’t need to be hit by another vehicle to suffer serious injury while riding a motorcycle. The carelessness of another motorist may require that you take evasive action, which can cause you to lose control of your bike and crash. Another motorist may pass too closely to your bike, creating a draft or wind current that sends you into a spin. Can you file a lawsuit for injury and loss if there was no contact with another vehicle? The answer is yes.

How Can You Recover Compensation in a “No-Impact” Motorcycle Accident?

Though there may be times when another motorist intentionally runs you off the road, the likelihood is that a “no-contact” accident will be the result of carelessness or negligence by another motorist. Even though there have been national campaigns to promote public awareness of the presence of motorcyclists on the roads, far too many people simply don’t pay attention.

To succeed with a legal claim based on negligence, you’ll need to prove to a jury that the person who caused the accident (the “defendant”) was not acting as a reasonable person would under the circumstances. For example, you may have evidence that indicates that another motorist swerved into your lane or turned left in front of you when you had the right of way.

Once you’ve shown that the defendant failed to exercise a reasonable amount of care, you’ll need to establish that the failure to do so caused the accident. This means you must show that, had the defendant acted reasonably (done the right thing), the accident would not have happened. You’ll also need to show that the accident and your injuries were reasonably foreseeable as a consequence of the carelessness of the defendant.

Note that there is no requirement of contact or collision when establishing cause. It’s a simple “but for” argument. But for the defendant swerving into your lane, you would not have needed to take evasive action and would not have lost control of your bike.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motorcycle Accidents Tagged With:

Talking to Your Insurer about a Motorcycle Accident Claim

June 16, 2023 by

Protecting Your Right to Recover Fully under Your Policy

Talking to Your Insurer about a Motorcycle Accident ClaimWhen you’ve been hurt in a motorcycle accident, one of the first things you’ll typically think about, once you’ve received the medical attention you need, is notifying your insurance provider. Of course, you’ll want to let your insurer know about your accident. But rather than making your first call to your agent, you’ll customarily be better served by contacting an experienced personal injury attorney. Your lawyer can be your liaison with your insurer, making certain you don’t say or do anything that will jeopardize your potential recovery.

What Should You Do If Your Insurer Tries to Contact You Directly?

If you are already represented by counsel, simply give your insurer the name and phone number of counsel. Don’t be surprised if they keep asking you questions or even ask if you’ll just tell the “the basics.” You don’t have to say anything. Furthermore, they may tell you that it’s their policy to get a recorded or written statement and that they can’t process your claim until they do. That’s not true. You are under no obligation to provide any type of statement to your insurer.

If you don’t have a lawyer yet, your best strategy is to tell the insurance company that you are in the process of hiring legal counsel and will have your attorney contact the insurance company as soon as you have retained counsel. Beware of a number of different strategies your insurer may employ to try to get information out of you:

  • They may say that they are only trying to help (and, to some extent, this may be true), but insurance companies are ultimately for-profit entities with one primary goal—to maximize shareholder value. They do that by minimizing the amount they pay in claims. In the final analysis, they’re always looking for ways to pay you as little as possible.
  • They may try to bully you, using threats or trying to put words in your mouth. The less you say, the better. Simply keep repeating the name and phone number of your attorney or that you’ll have counsel contact them.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motorcycle Accidents Tagged With:

Tips for Summer Motorcycle Safety

June 2, 2023 by

Minimize Your Risk of Injury on the Road This Summer

Tips for Summer Motorcycle SafetySummer’s finally here!! The best time of the year (at least in New Jersey) to get out on the open road on your bike. Of course, that means more motorcycles on the roads and typically leads to more than twice as many accidents on any given day. Many crashes are caused by the failure of other motorists to pay attention to the road, but there are other factors as well that make summer more dangerous on a bike. Let’s look at some of the ways you can reduce the risk of injury while riding your motorcycle this summer.

Wear Bright Gear and Cover Up

We understand—there’s nothing like cruising down the highway on a warm summer day with your tee-shirt sleeves flapping in the wind. You may even think that you’ll be cooler (temperature-wise) than if you’re fully clothed. The warm breeze, though, will rapidly wick moisture from your arms (and legs), providing little cooling effect. In fact, two undesirable consequences can come from exposed arms and legs—a greater risk of sunburn, and a greater likelihood that you’ll become dehydrated. You’re better off wearing mesh riding gear with synthetic garments underneath. Furthermore, if you’re involved in any type of crash, your gear can help minimize your injuries.

Drink Plenty of Water

The combination of heat and the wind against your body can quickly cause you to lose bodily fluids. Often, you can become dangerously dehydrated before your body starts to tell you. As a basic rule, you should drink water or clear liquids only, and you should always drink more than you think you need. Instead of stopping periodically to consume large amounts of water, it’s much better if you carry a CamelBak° or similar water bladder on your back, allowing you to regularly take smaller sips and stay consistently hydrated.

Wake Up and Ride

There are a number of good reasons for starting your ride earlier in the day (and ending sooner). The temperatures are almost always cooler in the morning than in the afternoon. You’ll generally feel more rested and alert in the morning as well. Furthermore, because severe weather more often arises in the afternoon or evening, you won’t have to contend with rain or thunderstorms.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motorcycle Accidents Tagged With:

Protecting Your Legal Rights after a Motorcycle Accident

January 23, 2023 by

The Most Important Things You Need to Do

Protecting Your Legal Rights after a Motorcycle Accident imageThere’s nothing like hitting the open road on a motorcycle—nothing compares to the responsiveness of a bike and the feel of the wind on your body. But there’s a tradeoff—you can often be invisible to other motorists and, if you are involved in an accident, you have less to protect you from serious injury. If you have been hurt while operating or riding on a motorcycle, there are some specific steps you need to take to protect your legal rights.

Immediately Get the Medical Attention You Need

There’s a certain toughness in the face of pain or injury that’s a part of the motorcycle culture. That won’t serve you well in the aftermath of an accident. If you hope to get full and fair compensation for all your losses, you need to seek medical treatment as soon as possible. Delaying medical care can have a number of undesirable consequences:

  • You run a high risk that your condition will unnecessarily worsen
  • You may compromise some of your injury claims if you have any other type of mishap before you seek medical care. Insurance companies and opposing counsel may argue that your injuries were not caused by the motorcycle accident.
  • Insurers and defense attorneys may also use your delay in seeking medical attention to argue that your injuries were not that serious

Your first action, then, after a motorcycle accident, should be to assess your injuries. Don’t try to shake things off or be strong. If you are in considerable pain or can’t move under your own power, be willing to travel to the hospital by ambulance. If you can get up and walk away, immediately seek medical care at a hospital emergency room, an urgent care facility or with your primary care physician.

Gather Evidence, If Possible

You can help your lawyer by:

  • Getting contact information from witnesses or other parties to the accident
  • Taking pictures of anything that might be related to the accident, including weather or roadway conditions, your injuries and any damage to your vehicle
  • Take the necessary steps to get a police report

Hire an Experienced Attorney as Soon as Possible

You want a lawyer who has extensive experience successfully handling personal injury claims. Ideally, that attorney will have litigated motorcycle accident injury claims for others. Your attorney can also act as your liaison with insurers, helping you get the benefits to which you are entitled.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motorcycle Accidents Tagged With:

Riding a Motorcycle in Winter Weather

December 7, 2022 by

Tips for Maximizing Your Safety in New Jersey

Riding a Motorcycle in Winter WeatherYou love the feeling of freedom that comes from getting on your bike, with the wind in your face. When winter comes to New Jersey, with the potential for snow and ice on the roads, you still want to ride. How can you enjoy the thrill of the open road, even in the winter, while staying safe? Here are some tips for avoiding needless injury on your motorcycle this winter:

  • Make certain you’ve winterized your bike—Check the tread on your tires, as well as your brakes, and replace your antifreeze (if necessary). Always clean your helmet and windshield before you hit the road.
  • Know what’s out there—Pay attention to the weather and to weather reports. Know if there’s been a thaw and a freeze, with the potential for black ice or accumulations of snow.
  • Take your time—This applies to every motorist, not just bikers. Everyone needs a little more time to stop in the winter. Every driver needs to take those turns with a bit more caution, in order to avoid spinouts.
  • Always check your tires before you ride—Cold temperatures will lower the pressure in your tires. Don’t risk a blowout.
  • Remember that you’ll have less traction until your tires warm up—The colder your tires are, the harder the rubber will be. The harder the rubber, the less traction you’ll have. As you ride, you’ll generate heat and increase traction, but even a short stop can reduce the traction from your tires.
  • Have the right gear—You’ll be safer when you’re comfortable. Make certain you protect your ears, nose, fingers and toes—those are the parts of your body most susceptible to cold or frostbite.
  • Limit your distractions—This is true at all times, but even more important in inclement weather

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motorcycle Accidents Tagged With:

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