Most riders know someone who has been severely injured or killed in a motorcycle accident. Drivers seem to be easily distracted by their phones, eating or drinking, playing with the radio, yelling at the kids or simply not paying attention. After the accident, the first words out of the driver’s mouth tend to be, “I didn’t see the motorcycle.” Undoubtedly, that’s true. That’s why the biker is sprawled on the road and the Harley is junk.
A Wrongful Death Lawyer in Toms River NJ doesn’t meet those trying to deal with the aftermath of these accidents because the biker was incompetent. Most bikers are very skilled and experienced, having had a love affair with the open road for many years. However, statistically, a motorcyclist is 26 times more likely to die in a car/bike crash than the occupants of the car. The biker is also 5 times more likely to be seriously injured.
New Jersey’s Wrongful Death Laws
In New Jersey, a wrongful death is defined as a death caused by another’s neglect, wrongful act or default. If the victim had lived, it would have been possible to bring a personal injury claim. In this case, someone else is filing the claim on their behalf. It is possible to file a civil wrongful death suit even if a criminal case has also been brought against the defendant, as could be the case if the driver was intoxicated.
The primary differences between a civil wrongful death case and a criminal case include:
* A wrongful death claim is seeking monetary compensation from the defendant
* A criminal case is brought by the state and penalties include jail, probation, fines and other penalties.
The Statute of Limitations
It’s extremely important that a wrongful death suit is filed within two years from the date of the death. Filing a lawsuit after two years is almost a guarantee that the court will refuse to hear the case. If the deadline is approaching, talk to an experienced Wrongful Death Lawyer in Toms River NJ before time runs out, even if you aren’t sure what you should do.
If you’ve lost a loved one in a motorcycle accident, contact the Law Office of Joseph Pinizzotto. He is a rider himself and focuses his practice on motorcycle accidents, as he has for 30 years. These accidents can be very complicated. Joseph Pinizzotto’s ethics and ability have earned him the Martindale-Hubbell “Client Distinction Award.”
