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Motorcycle Accidents: Often Two Cases in One

Posted by Matt Rooney | Jan 31, 2013 | 0 Comments

New Jersey victims of motorcycle accidents might need to undertake multifaceted court case on the road to recovery

Whether you broke your wrist tripping on a cracked sidewalk or suffered a leg fracture while exiting an amusement park ride, a personal injury accident can be life-changing no matter how it happens. Personal injuries involving motorcycles can prove especially severe for patently obvious reasons. For example, a standard motorcycles does not provide its rider with the same structural protections and safety mechanisms characteristic of a modern automobile. There's no roll cage, airbags or seatbelts. Moreover, because motorcycles have two wheels instead of four like a van, sedan or SUV, motorcycles offer riders significantly less stability. The end result of a motorcycle injury can be fractures, spinal cord injuries, amputations or even brain damage. And when the worst happens, New Jersey motorcycle accident victims may need to initiate two cases instead of one:

(1) A general negligence case. This is your standard personal injury case. The other party was “negligent” meaning that he or she failed to exercise the appropriate standard of care and, as a result, directly and proximately caused a person or persons to incur damages. It may have been an improperly shoveled sidewalk after a snowfall or a driver who was texting and did not see the car in front stopping; in the case of a motorcycle, a car may have run a red light and struck the motorcyclist in an intersection. 

(2) A motorcycle products liability case. This second part of the motorcycle case is less familiar to most non-lawyers and potentially more complicated. Here, your attorney will investigate whether there is a design or manufacturing defect in the product (your motorcycle), and if there is such a defect, whether it poses a known or undisclosed risk of harm to the user and other potentially affected individuals. Perhaps the motorcycle's tires had defective treads? Or an engine malfunction caused backfiring or a stall?

Consequently, motorcycle cases may require even more discovery than other species of personal injury suits like slip and fall cases or those revolving around standard motor vehicle accidents. Don't let the complexities of New Jersey's legal system deter you from pursuing the recovery you deserve following your motorcycle accident.  The personal injury attorneys at DeMichele & DeMichele will thoroughly evaluate your potential claim, develop a comprehensive plan, conduct the necessary discovery, interface with expert witnesses on your behalf, explain the litigation process to you in detail including the applicable regulations, and vigorously labor to compile the physical and medical evidence necessary to establish a successful personal injury case. Don't rest on your rights. To arrange a free personal injury consultation with DeMichele & DeMichele, please click here to contact us online today or call (856) 546-1350 to speak with one of our personal injury attorneys.  

About the Author

Matt Rooney

Practice Areas: Family Law (including Divorce, Alimony, Child Support, and Domestic Violence); Municipal Court; Personal Injury; Residential Real Estate; Civil Litigation; Collections.


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