Motorcycle accidents raise a variety of issues. In most car accidents, individuals who suffer injury will have personal injury protection benefits available to them. Personal injury protection benefits include payment of medical bills and can also include income continuation benefits if the individual who is harmed misses work. However, in a motorcycle accident, the injured person typically does not have personal injury protection benefits and can therefore be responsible for some or all of their medical bills.
Motor cycle accidents can give rise to a variety of causes of action depending upon the specific factual circumstances of the crash. If the motorcycle suffered a mechanical malfunction, a products liability lawsuit against the manufacturer of the motorcycle may be a potential cause of action. If the motorcycle crash was caused by another driver, the other driver may be liable for any losses and injuries suffered to the motorcycle rider. Under New Jersey law, a vehicle does not necessarily need to come into contact with the motorcycle in order for the driver of the vehicle to be held liable for a motorcycle accident. If credible evidence establishes that the individual drove his or her vehicle in a negligent manner and caused an accident, even if no contact was made, the individual driver may be held liable.
Depending upon the party at fault and any available workers compensation or health insurance, the payment of medical bills in a motorcycle accident will depend on the specific circumstances. If the injured person is successful in a lawsuit against another party or the manufacturer of a motorcycle, that specific party who is at fault may be responsible for the payment of bills. In some circumstances, if the injured person has health insurance, the health insurance may pay for some of the medical bills however the medical insurer may seek reimbursement from the party who is at fault in the accident.
If you or someone you know would like to speak to one of our New Jersey motorcycle accident lawyers about a motorcycle crash contact our law firm day or night. Our attorneys are available to speak with you.