New Jersey Injury Lawyer & Attorney : Law Offices of Scott D. Grossman : Serving Monmouth County, Bergen County

New Jersey motorcycle riders continue to be involved in many deaths and serious injuries on our densely populated and over crowded roads.  As a matter of fact 87 deaths occurred between 2006 and 2007 according to a Trenton Times article which cites recent NJ motorcycle accident statistics from the New Jersey State Police. The good news is motorcycle fatalities decreased 15.5 percent – from 103 to 87. The bad news is 87 fatalities is the second-highest total recorded in the last 12 years. Furthermore, according to the U.S. Department of Transportation in 2005, 27 percent of all fatally injured motorcycle operators had BAC levels of .08 g/dl. Forty-five percent of fatally injured motorcyclists did not wear helmets. Motorcyclists need to be more responsible with how much alcohol they drink and wearing helmets. Those two irresponsible acts can easily be avoided and help lower fatalities. New Jersey compared with recent national statistics has made some positive strides in reducing motorcycle fatalities but 87 deaths is still too many and we have a long way to go.

Who is at fault for this high number of deaths? Both the motorists and motorcyclists are at fault and need to be careful when sharing the road with each other. Motorists need to make sure they double-check their side and rearview mirrors for motorcycles passing by and motorcyclists need to take higher safety precautions when driving on busy roads.

Furthermore, motorcyclists need to become more aware of highway dangers and avoid making poor decisions. An example of a poor decision would be when there is heavy traffic on the roads so a motorcyclist decides they don’t want to wait in traffic so they drive in between lanes. Let’s say one of the cars decided to make a turn, that would put the motorcyclist in danger and at high speeds could result in a serious injury or even death. Motorcyclists do many things to cause their own danger. Other examples are speeding, making sharp turns, and driving too close to cars. Let’s make a better effort to become more aware of dangers and to make better choices.

While motorists make many mistakes on the road nothing is more deadly then a motorcyclist making a mistake. When driving a motorcycle you need to take extra precautions like driving the speed limit and always being aware of your surroundings.

Motorcycle fatalities have gone down statistically but what can we do to further reduce these incidents of serious motorcycle accidents in New Jersey? One idea is to further educate the public. May is now being recognized as the New Jersey Motorcycle Awareness Month in an effort to remind all motorcyclists and motorists to be responsible when sharing the road. Hopefully education will provide awareness of dangers on the road and what precautions drivers can take. Together we can lower the fatality numbers and make the road a safer place.

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In New Jersey, as a general rule if you are injured while occupying or driving a motorcycle, moped, commercial vehicle, taxi cab, chauffeured rentals or bus you will not be able to seek PIP no-fault benefits for payment of your medical bills. That's right, if you have private health insurance your medical bills may be covered as long as your policy does not contain any specific exclusions for treatment you receive as a result of an accident while driving for example a motorcycle.  

While it appears counter intuitive, in New Jersey the individual at fault driver's insurance company in a motor vehicle accident is not responsible to pay for the injured's medical bills related to treatment for injuries sustained in the motor vehicle accident.  Instead, it is the injured person's own auto insurance, their resident relatives auto insurance or the owner of the vehicle's insurance company that would be responsible to pay for the medical bills through the PIP, personal injury protection benefits portion of the respective policy.  Unfortunately, this rule changes if you are injured in the above types of vehicles, since they have been deemed to have not  met the "automobile" requirement of the PIP No-fault type medical expense benefits and therefore you will usually be excluded from coverage.  

THAT'S RIGHT if you are injured while on a motorcycle or in a cab ride or on a bus or in a commercial vehicle, your medical bills will not be paid by available insurance.  Thus, it becomes even more important to make sure that you retain a personal injury attorney who is proficient in New Jersey motorcycle accident law, truck accident law or taxi related motor vehicle injury law.  This is because your attorney will seek compensation for your pain and suffering and for your outstanding medical bills from the at fault driver.  This area of law has become very complex and requires counsel that has extensive experience in representing persons injured in truck accidents, motorcycle accidents, taxi cab accidents and bus accidents.  This is particularly true in the case of victims of serious injuries because their mounting current and future medical debts with traumatic brain injury (TBI) or spinal cord injuries (SCI) could leave a family into life altering financial ruins. 

My clients are often times totally shocked when I explain to them the realty of the PIP laws in New Jersey.  They often ask how is this possible that I was riding in a taxi and the driver was in a major accident and his insurance company is not responsible for payment of my injury related medical bills? I tell them to thank the powerful insurance lobby who has done an amazing job blaming the "trial lawyers" like myself  for your exorbitant insurance rates while netting BILLIONS in record profits and shielding themselves by succeeding in having the New Jersey legislature pass laws exempting them from payment to their insured's or insured's immediate family member's medical providers where medical claims have become exempt from coverage.  

Representing clients throughout New Jersey including but not limited to Manalapan, Marlboro, Holmdel, Freehold, Millstone, Colts Neck, Howell, Old Bridge, Jackson, Red Bank, Hackensack, Saddle Brook, Paramus, Ridgewood, Teaneck, Demarest, Dumont, Pompton Plains, Glen Rock & Fairlawn the Law Offices of Scott D. Grossman, LLC brings extensive experience, individual attention and compassion for all of our clients.  Please visit our website for further information.       

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Maybe. But should that really be the right question when it comes to the safety of motorcycle riders? In New Jersey, state law mandates that all those who ride motorcycles must wear a DOT approved helmet. Each year in the Garden State, 2500 motorcycles are involved in accidents, resulting in at least 50 fatalities.

But recently in Michigan, the group called American Bikers Aiming Toward Education (ABATE) authored a bill which was introduced to the State House which would allow motorcyclists to forego wearing a helmet when they ride as long as riders pay a $100 fee, are at least 21 years old, are licensed to operate a motorcycle for at least two years, have completed a motorcycle safety course and have insurance or security of $20,000 for first-party medical benefits in the event of an accident.

ABATE believes that wearing a helmet infringes on individual freedom of choice and the right to privacy. While that may be arguably true, if you look  at the other states that have repealed mandatory helmet laws, Florida, Kentucky and Louisiana, and you see the exponential rise in injuries and deaths to motorcyclists following the repeal of their helmet laws, you'd have to agree that the interest in keeping the public safe, with something so easy as wearing a helmet is extremely compelling. 

In a recent article in Insurance Journal about the Michigan law, the National Highway Traffic Safety Administration found that in the three years after Florida's repeal of its mandatory helmet law in 2000, 933 motorcyclists were killed, an 81 percent increase.

Another study found that fatalities grew by more than 50 percent in Kentucky and 100 percent in Louisiana after those states struck down mandatory helmet laws.

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• "Delay, deny, defend" is the battle cry for the auto insurance industry to protect their multi-billion dollar empire. In a recent report filed by CNN's Drew Griffin, he uncovered that this practice is rampant among the nation's auto insurance companies when people are injured in what insurance representatives consider a "minor impact" auto accident.   New Jersey attorneys representing persons who have suffered injuries in auto accidents have long experienced first hand these tactics of the nation's largest insurance companies.  Throughout the past decade I have represented many individuals that were involved in what the insurance company deemed a "minor impact" and as a result of the accident they suffered serious permanent injuries such as a herniated disc. Many times the injuries were so debilitating that after multiple steroid injections, extensive narcotics usage, physical therapy and chiropractic care, spinal surgery became the only option.   The suffering was very real.

 

 

• The auto insurance companies do not want the public to understand the most important of Newton's Laws on Physics.  Energy does not dissapear, it is transmitted to the impacted vehicle and hence to the occupants.  Often times at trial, after years of delays from the insurance company,  defense counsel will blow up a photo of the impacted vehicle that does not show significant property damage. A strategy frequently successful in having jurors draw an inference that the injuries claimed by the plaintiff are either untrue or if true they must have been from some other cause unrelated to the auto accident.  The CNN news story referenced above did an excellent job exposing the tip of the iceberg when it comes to insurance companies doing whatever it takes to put corporate profits above the interests of those very individuals they are supposed to help.  
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  • In New Jersey when you are involved in a motor vehicle accident, your medical bills are supposed to paid for through the PIP, Personal Injury Protection benefits of the injured persons' insurance company without regard to who caused the accident.  So in New Jersey,  the medical benefits through PIP coverage follows the person and not the vehicle.  However, the policy of denial often times happens through the issuance of a medical treatment cut-off or denial letter on the basis that the patient has reached MMI or maximum medical improvement.   This frequently occurs without consulting the treating physician or without even examining the patient.  Often the denial will be on the reccomendation of a physician advisor review.  This means that a physician of like specialty will review some of your medical records and decide for your insurance company, while being paid by that insurance company if you should be cut-of from further treatment regardless of what you may be feeling.  The system is driven to maximize profits by minimizing costs of medical care to insurance companies own insureds.  To add insult to injury, these corporate profits aren't even passed onto the consumer in the form of auto insurance rate reductions.  The PR spin shall continue........Blame the lawyers for your exorbitant auto insurance rates. It works each year after year along with the deeply ingrained favorite phrase of the insurance corporate elite ..."TORT REFORM".   
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  • Please read the CNN article linked above and I invite all who are interested or who have personal stories to tell to respond to this post. 
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