Irvington Motorcycle Accident Lawyer Condado de Essex, New Jersey
If you were hurt in Hackensack, James Vasquez fights to get you every dollar you are owed. He has represented Bergen County's injured since 2004, and he knows this county seat's I-80, Route 4 and Route 17 corridors, its historic Hackensack River bridges, and the streets around Main Street and Hackensack University Medical Center.
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The bar is written around automobiles
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This question stops riders from calling, and the answer is more favourable than almost anyone expects. It turns on the precise words of the statute rather than on any general principle.
New Jersey removes the right to sue from a person who, at the time of an automobile accident resulting in injuries to that person, was required but failed to maintain the medical expense benefits coverage mandated by three named sections, and who was injured while operating an uninsured automobile. That is the provision that leaves an uninsured driver with nothing even where somebody else caused everything. Two things about it matter to a rider. Motorcycles are expressly excluded from the definition of automobile in the no fault statute, which is the same exclusion that denies riders personal injury protection in the first place. And a motorcyclist is not required to maintain those medical expense benefits at all, precisely because of that exclusion. A person cannot fail to maintain coverage they were never required to carry. Commentary in this state puts it directly: a motorcyclist without liability insurance can still sue a negligent driver, because the only insurance a rider is required to carry covers other people's injuries rather than their own. None of that makes riding uninsured advisable. New Jersey requires motorcycle liability coverage to register, and operating without it carries fines, licence suspension, community service and possible impoundment. Those are real consequences. They are separate from whether you can recover from the driver who hit you. James Vasquez has handled New Jersey injury claims since 2004.
Rider claims we handle in Essex County
Including the ones riders assume are not worth a phone call.
Where Irvington riders go down
A dense township with arterials, highway access and short sight lines throughout.
Chancellor and Clinton Avenues
Arterials carrying traffic between Newark, Maplewood and Union, with frequent entries from side streets and frontage.
What matters: sight distance measured at the location, which answers a driver's account of not being able to see.
Stuyvesant Avenue
Kerbside parking and business frontage where doors open and vehicles pull out into a rider's line without warning.
What matters: who opened the door or pulled out, since the duty sits with them regardless of the rider's coverage.
Dusk and after dark
The hours when drivers scan for headlight pairs and a single light does not register as an approaching vehicle.
What matters: that failing to perceive something plainly there does not discharge the duty to yield.
Springfield Avenue
Heavy volume through a commercial corridor with constant turning across oncoming lanes and pedestrians crossing between vehicles.
What matters: the turning driver's obligation to yield, which does not depend on what insurance the rider carried.
The Garden State Parkway approaches
Traffic moving between highway and local speeds across short distances, where drivers misjudge a motorcycle's closing speed.
What matters: physical evidence of actual speed, because a smaller object appears further away than it is.
The residential grid
Narrow streets where a driver at a junction can see only a few metres, and where a motorcycle is the hardest thing to pick out.
What matters: whether a reasonable driver could have entered safely at all, which is a question about their decision.
In each of these the driver's conduct is the case. Insurance status is an argument raised to avoid discussing it.
Four elements the bar requires
Each has to be satisfied. A rider does not obviously satisfy the first two.
An automobile accident
The provision addresses a person injured at the time of an automobile accident. Motorcycles are expressly excluded from the definition of automobile in the no fault statute.
Required but failed to maintain
It applies to somebody required to carry the named medical expense benefits coverage. A motorcyclist is not required to carry it, because of the same exclusion.
Those specific coverages
The section names three provisions, all of which concern medical expense benefits for automobiles rather than motorcycle liability coverage.
While operating an uninsured automobile
The loss must have been sustained while operating an uninsured automobile. A motorcycle is not that, on the statute's own definition.
Confirm this against your own circumstances rather than treating it as settled, and raise it at the first conversation. It is the reason many riders never make the call at all. For how rider claims work statewide, see the motorcycle accident practice area page.
Where the same statute reaches riders
The subsection that helps riders is not the only subsection.
The intoxication provision covers motor vehicles
The subsection removing the right to sue where a person is convicted of or pleads guilty to driving while intoxicated, or refusal, in connection with an accident is written around operating a motor vehicle rather than an automobile. That is a broader category and it includes motorcycles. So a rider convicted in connection with the crash faces a bar that an uninsured rider does not, and it applies whoever caused the collision. That distinction between the subsections is easy to miss and it decides cases.
Being uninsured still costs you
Riding without required liability coverage is an offence carrying fines, licence suspension, community service and possible impoundment, and it exposes you personally if you injured somebody else. It also means no uninsured or underinsured motorist coverage of your own, which for a rider is frequently the difference between a recovery and a paper judgment, because the driver who hit you may carry minimum limits or nothing.
Three provisions to understand
Confirm the current statute and how it applies to your facts, because this turns on precise wording.
The bar, and how it is written
A person who at the time of an automobile accident was required but failed to maintain the medical expense benefits coverage mandated by three named sections has no cause of action for economic or noneconomic loss sustained while operating an uninsured automobile. Every element is framed around automobiles and those particular coverages.
Motorcycles are not automobiles
The no fault statute expressly excludes motorcycles from the definition of automobile. That exclusion is why riders have no personal injury protection, and it is the same exclusion that makes them unlikely to fall within the uninsured operator bar.
The intoxication bar is broader
The subsection concerning driving while intoxicated is written around operating a motor vehicle rather than an automobile, which is a wider category including motorcycles. A rider convicted in connection with an accident faces that bar regardless of who caused it.
The absence of medical benefits for riders, medical payments coverage and the two year filing deadline are covered on the motorcycle practice area page and the Irvington personal injury page.
What to establish first
Separate the questions before drawing any conclusion.
Raise your insurance position immediately
It will emerge anyway, and a case assessed honestly at the start is stronger than one where it surfaces later.
Establish what the other driver carried
The crash report records the insurance presented. If they carried minimum limits or nothing, that shapes the case more than your own position does.
Check every household policy
A resident relative's coverage may provide uninsured or underinsured protection that applies to you, which is worth establishing rather than assuming.
Preserve the machine and the scene evidence
Speed, angle and sight distance answer the arguments that follow, and all three disappear within weeks.
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James Vasquez
Antes de que James Vasquez representara a su primera persona lesionada, se sentaba al otro lado de la mesa. Como exfiscal y abogado de defensa de aseguradoras, pasó años aprendiendo exactamente cómo se ganan y se pierden estos casos.
Ahora lo usa a su favor. Cuando los ajustadores y los abogados contrarios se enfrentan a James, se enfrentan a alguien que ha leído su manual, ha litigado en sus tribunales y sabe con precisión dónde se quiebran sus argumentos.
Con sede en Clifton y sirviendo a los condados de Passaic, Morris y Essex, su firma le brinda a cada cliente la atención personal de James, respaldada por un equipo que conoce su expediente a fondo.
Answers, before you even call.
Anything else you’d like to know? Get in touch with our sales team and we’d be happy to discuss your questions.
Escuche las historias de nuestros clientes
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
Kraig Moultrie
Escuche las historias de nuestros clientes
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
Martina Contreras
Cómo es realmente trabajar con nosotros
Nos saltamos el discurso de ventas. Así es realmente tener a James de su lado; contado por las personas que ya pasaron por ello.
"Staff is very Friendly. They keep you informed on a regular basis. The Attorneys are the best. Would recommend this Law firm to anyone."
"James Vasquez is one of the best Lawyers. He knows what he's doing at all times, very Professional along with his staffs that entire office has very good attitude. He keeps you updated and gives good advise he did very good with my case and I highly recommend him. He deserves more than five stars!"
"Throughout this process, James and I kept in touch via email, and he offered his guidance every step of the way."
"I would highly recommend anyone to hire him!"
"Mr. Vasquez was able to recover a good settlement for me and he recommended me to great medical professionals to help with my back and neck injuries."
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
"James Vasquez and his team took care of my case like if it was their own. I was able to take care of my car accident case, and even during this pandemic. I never felt pressured, and they were definitely patient with my case."
"Staff is very Friendly. They keep you informed on a regular basis. The Attorneys are the best. Would recommend this Law firm to anyone."
"James Vasquez is one of the best Lawyers. He knows what he's doing at all times, very Professional along with his staffs that entire office has very good attitude. He keeps you updated and gives good advise he did very good with my case and I highly recommend him. He deserves more than five stars!"
"Throughout this process, James and I kept in touch via email, and he offered his guidance every step of the way."
"I would highly recommend anyone to hire him!"
"Mr. Vasquez was able to recover a good settlement for me and he recommended me to great medical professionals to help with my back and neck injuries."
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
"James Vasquez and his team took care of my case like if it was their own. I was able to take care of my car accident case, and even during this pandemic. I never felt pressured, and they were definitely patient with my case."
Three documents settle most of the threshold questions.
Holds the crash report including the insurance presented by each vehicle, which establishes what liability coverage the other driver actually carried.
Yours and any resident relative's, which may provide uninsured or underinsured motorist protection applicable to you.
Civil suits arising from Essex County crashes are filed with the Civil Division at the Hall of Records on Dr. Martin Luther King Jr Boulevard in Newark.
Holds your registration and insurance record, and administers the penalties that follow operating without required coverage.
¿Lesionado en Nueva Jersey? Hablemos.
James Vasquez ofrece a las personas lesionadas en todo Nueva Jersey una revisión gratuita de su caso, sin ningún compromiso. Cuéntenos qué pasó y le explicaremos sus opciones y cuánto podría valer su reclamo.
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