Motorcycle accidents in New Jersey can lead to severe injuries, extensive medical bills, and long-term recovery. However, many riders unknowingly make critical mistakes after a crash that can harm their chances of successfully pursuing a motorcycle accident claim. 

In this blog, we’ll explore these common errors and how they can negatively affect your ability to recover damages. Avoiding these missteps will strengthen your claim and help you get the compensation you’re looking for. 

Failing to Seek Immediate Medical Attention

One of the most damaging mistakes riders make after a motorcycle accident is failing to seek immediate medical attention. Even if you feel fine after the crash, adrenaline can mask injuries like concussions, internal bleeding, or soft tissue damage. Delaying medical treatment not only endangers your health but can also weaken your motorcycle accident claim. Insurance companies might argue that your injuries are not as serious as you claim or that they occurred after the accident.

To avoid this, always seek medical attention immediately, even if your injuries seem minor. In New Jersey, medical records serve as essential evidence in personal injury claims, helping to prove the extent of your injuries and the associated costs.

Not Reporting the Accident to Law Enforcement

New Jersey law requires drivers, including motorcyclists, to report any accident resulting in injury, death, or significant property damage. Failing to call the police can hurt your motorcycle accident claim because an official accident report is crucial evidence. This report includes vital information about the crash, such as the location, involved parties, and preliminary findings about fault. Without it, proving liability becomes significantly harder.

After a crash, ensure you contact law enforcement immediately. This is particularly important if you plan to file a claim with your insurance company or pursue compensation from the at-fault party.

Admitting Fault or Making Statements at the Scene

It’s natural to feel confused and shaken after a crash, but what you say immediately following the accident can severely impact your motorcycle claims. Admitting fault, even partially, or making speculative statements can be used against you by insurance companies or opposing attorneys. Under New Jersey’s modified comparative negligence law, your compensation may be reduced if you’re found partially at fault. If you’re more than 50% at fault, you could lose the right to recover any damages.

The best course of action is to limit your conversation with other parties to exchanging necessary information and let the police handle the investigation. Never apologize or admit any responsibility at the scene.

Neglecting to Gather Evidence at the Scene

Another common mistake riders make is not collecting enough evidence at the accident scene. The more evidence you have, the stronger your motorcycle accident claim will be. Photos, videos, and witness statements can help build your case and provide clear proof of the accident’s circumstances.

If you’re physically able, take pictures of the damage to your motorcycle, other vehicles involved, the surrounding area, road conditions, traffic signs, and any visible injuries. Also, gather contact information from witnesses, as their statements can be valuable if liability is disputed. Failing to document the scene can make it difficult to prove fault or the severity of the accident later on.

Failing to Hire a Motorcycle Accident Lawyer

Motorcycle accidents often result in more severe injuries than car accidents, given the lack of protection that motorcycles offer. Severe injuries like traumatic brain injuries, spinal cord injuries, and fractures can meet New Jersey’s serious injury threshold, allowing you to file a personal injury claim. However, navigating the complexities of New Jersey’s personal injury laws on your own can be overwhelming.

Not hiring a motorcycle accident lawyer early in the process is a significant mistake that can hurt your chances of recovering fair compensation. An experienced attorney will understand New Jersey’s modified comparative negligence rules, the serious injury threshold, and the steps required to prove your case. Additionally, insurance companies often attempt to undervalue or deny claims. A skilled lawyer will negotiate with the insurance company on your behalf so you receive the compensation you’re seeking. 

Delaying Your Motorcycle Accident Claim

Timing is critical when it comes to filing a motorcycle accident claim. In New Jersey, the statute of limitations for personal injury cases is two years from the date of the accident. Failing to file your claim within this window can result in the court dismissing your case. If this happens, you’ll lose the opportunity to pursue compensation for your injuries, lost wages, and other damages.

Many riders delay filing claims because they assume that insurance will cover everything or because they underestimate the long-term effects of their injuries. However, motorcycle accidents often result in injuries that have delayed symptoms, such as chronic pain or cognitive issues. By consulting a motorcycle accident lawyer right after your accident, you can ensure that your claim is filed on time and that you’ve taken the necessary steps to protect your rights.

Settling Too Quickly With the Insurance Company

Insurance companies often try to settle claims quickly, offering lowball settlements to minimize their payouts. One of the biggest mistakes a rider can make is accepting a settlement offer before fully understanding the extent of their injuries or consulting with a motorcycle accident lawyer.

Once you accept a settlement, you forfeit your right to pursue further compensation, even if your injuries turn out to be more severe than initially thought. Before agreeing to any settlement, speak with a lawyer who can review the offer and ensure that it covers your medical expenses, lost wages, and other damages.

Understanding New Jersey’s Serious Injury Threshold

As briefly mentioned above, personal injury claims in New Jersey are often subject to the state’s serious injury threshold, which applies to victims who have limited tort coverage. If your injuries are classified as “serious,” you can pursue compensation beyond what your insurance covers. Serious injuries include:

• Significant disfigurement or scarring
• Fractures
• Loss of a body part
• Permanent injury or disability
• Death (filed by a family member on behalf of the decedent) 

If your motorcycle accident results in any of these injuries, you may be eligible to file a personal injury lawsuit against the at-fault party. An experienced motorcycle accident lawyer will help you determine if your case meets this threshold and guide you through the process of filing a claim.

Protect Your Motorcycle Accident Claim With the Law Offices of Andrew S. Prince in New Jersey

Motorcycle accidents are often devastating and result in serious injuries that require extensive medical treatment and time off work. By avoiding these common mistakes—such as failing to seek medical attention, not reporting the accident, and delaying your claim—you can strengthen your motorcycle accident claim and increase your chances of receiving compensation.

If you’ve been injured in a motorcycle accident in New Jersey, contact Andrew Prince, a skilled motorcycle accident lawyer. With years of experience handling motorcycle claims, the Law Offices of Andrew S. Prince can help you navigate the legal complexities and ensure that your rights are protected. 

Call 1-800-832-6529 or fill out our online contact form to schedule a free consultation and get the legal help you need.

Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.