Knowing your rights after a motorcycle accident in New Jersey is critical when you have substantial injuries and losses. No one will tell you what your rights to compensation are aside from someone you hire to do so, such as a New Jersey motorcycle accident attorney. Do not assume the insurance company will do so. There are several specific steps you need to take to protect your rights.
Know the Motorcycle Laws
A good starting point is understanding New Jersey motorcycle laws. These laws are the foundation of avoiding accidents on roadways, and they can help you know what your rights are.
- You must have a motorcycle license.
- Riders need to wear a helmet.
- You need to maintain adequate liability insurance.
- Eye protection is a necessary component of your protective strategies.
- If you have passengers on your motorcycle, they must have a seat.
If you did not violate these or any other motorcycle laws, that means you have a good starting point for your claim. Even if you did violate these laws, it is critical to hire an attorney to guide you through the legal process.
Document the Accident with the Police Responding
While it may not always seem necessary to call the police to the accident scene, doing so protects your rights. It enables the police to capture all evidence of what occurred, including photos of the incident. It also creates the first record of the accident that may, over time, become contested otherwise. Time, road conditions, statements from others, as well as the name and contact information of all involved are recorded by the police.
Avoid Making Claims of Fault or Perceived Fault
When speaking to police or any other party, do not admit to any type or level of fault. Statements such as the following can create that type of doubt:
- I’m sorry.
- I did not see you.
- I was going too fast.
- I lost control.
- My tires were spinning.
Instead, simply communicate the facts of the case. You were hit while turning the corner or entering the intersection. You did not see anything else because you were focused on the road and driving safely.
Capture Witness Information
Witnesses can be a critical component in protecting your rights after a motorcycle accident. Initially, good people will stop to help you, and that can be reassuring that you will be able to reach out to them later for follow-up. Yet, not everyone will follow up later.
For that reason, make sure you get the contact information and names of all parties involved, witnesses who come to help you, and bystanders. In an ideal situation where you are not suffering serious injuries, you may ask them to record a statement of what they saw right away. Even having your phone on recording while they describe what they saw could help you later.
Hire an Attorney as Soon as Possible
Hiring an attorney enables you to seek protection for your rights. Your attorney will:
- Minimize the risk that you say something that could be used against you later
- Help you avoid questions that may be misleading from the insurance adjusters
- Protect your medical records by limiting what insurance companies may actually obtain
- Guide you in filing a robust claim based on your rights
- Help you negotiate a fair claim with the insurance company without letting them take advantage of you
Your attorney becomes your advocate. They play a role in each component of the legal process, protecting your rights throughout it. They also help you avoid the mistakes of omission, such as failing to completely outline your losses or report all of your medical concerns. This can help you maximize your claim down the road.
Tips to Avoid Being Take Advantage of After a Wreck
There are several other ways you can protect yourself throughout this legal process:
- Refrain from telling the insurance company anything directly. Refer them to your attorney instead.
- If you feel as if you are not being treated fairly, speak up. Insurance companies may try to delay the process of paying you so they can frustrate you into settling for less than you owe. Let your attorney put pressure on them to pay you fairly.
- Document all of your losses and keep track of all of the expenses, missed time at work, missed opportunities, and other costs associated with your accident. That makes it harder for the insurance company to deny them.
Call Kwartler Manus in New Jersey Today
Your most important step in protecting your rights is to hire a motorcycle accident lawyer in New Jersey. Look for a professional with experience in motorcycle accidents who can understand the complexity of your injuries and losses. You can request a free consultation from our legal team at Kwartler Manus to learn more about your rights, and we can then go to work building your case for you.