Are Motorcyclists Usually Found at Fault for Accidents in NJ?

There is a common misconception that motorcyclists are more reckless or careless on the road, thus they are usually at fault for causing an accident in New Jersey. This could not be further from the truth.

Recent studies have shown that not only are motorcycle riders more careful, but that many accidents are caused by the other driver’s negligence. This does not mean that bias cannot make its way into your case. Insurance companies will almost definitely use this as an excuse to offer you a lowball settlement. Juries could also share these biases, which can impact your compensation. Fortunately, Jerry knows what evidence is necessary to combat this mistaken belief about motorcyclists.

Contact Jerry Friedman at 1-800-529-4464 to get a free case assessment with a New Jersey motorcycle accident attorney that knows what it takes to prove your case.

Are Motorcyclists Usually Found More at Fault for Causing Accidents in New Jersey?

It is a common misconception among many people in New Jersey that motorcycle riders are reckless or careless on the road. Injured riders can expect that insurance companies and other drivers will try to use the inherent danger of riding or the low visibility of motorcycles as a pretext to deny them the compensation they deserve.

However, statistical data suggests otherwise. In reality, the majority of motorcycle accidents occur due to the negligence of other drivers. Thus, it is more often the case that another driver is responsible for a motorcycle-related collision. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that a majority of motorcycle accidents occur due to other drivers failing to even see motorcycle riders, a phenomenon known as “inattentional blindness.” For instance, a driver might overlook a motorcycle at an intersection and cause a collision.

Biases Against Motorcyclists

While motorcyclists in New Jersey will not automatically be found at fault for causing a car accident, that does not mean that they do not face certain biases when attempting to recover compensation. By working with Jerry, you can ensure you have the best chance that these biases will not factor into the outcome of your case. For instance, there is often a presumption of liability on the part of a motorcyclist that might not be supported by any facts. Motorcyclists often face the stereotype of being reckless on the road, which insurance companies often use to partially blame them for an accident and offer a reduced settlement.

This bias could extend beyond insurance settlement negotiations and make its way into a trial. It is possible for a motorcyclist to receive a smaller award than a car accident victim with similar injuries in a jury trial due to the implicit bias of the jury members against the rider.

Fighting Biases in a Motorcycle Accident Case

However, you can combat this bias by taking a few simple steps. For instance, wearing a helmet shows that you are taking your safety seriously and respecting the laws of the road, as wearing a helmet while riding is the law in New Jersey. You can also add other features to your bike that clearly illustrate your sense of responsibility as a rider and your intent to stay safe. For instance, you can add additional lights to the front, back, and sides of your bike to increase your visibility to other drivers. You can also wear clothing made specifically for riders that have reflective material sewn into the material. The facts could be used as evidence later that you are in fact not a reckless motorcyclist.

You should also ride safely at all times and maintain the appropriate speed limit as you do not know who might witness the accident. Having a witness testify that they observed you driving with caution and at a safe speed could be highly beneficial to your case. It can serve as evidence that you are a responsible rider and less likely to be the cause of an accident compared to a rider who drives recklessly by speeding or weaving through traffic.

It is also important to be kind towards the other driver in a motorcycle accident. While this might be difficult following an accident they caused, avoid blaming the other driver and maintain a polite demeanor. However, you should refrain from apologizing as it can imply fault, but you can express concern. If your case ends up in court and the other driver is called as a witness, their initial impressions of your behavior following the accident can greatly impact how the jury sees your role in the accident.

Can I Still Recover Compensation If I Am Found Partially at Fault for a Motorcycle Accident in New Jersey?

After a motorcycle accident in New Jersey, it is natural to question whether your actions played a role in your ability to receive compensation for your injuries. Fortunately, you are still eligible for damages even if you were partially responsible for the accident. However, the amount of compensation you receive will typically be reduced proportionally to the degree of your responsibility for causing the accident.

In New Jersey, a modified comparative fault system is in place, which follows the “51% rule.” To receive compensation for your motorcycle accident injuries, you must show that you are less than 51% responsible for causing the accident. If you are found to be at fault for any portion of the accident, your compensation from the other driver will be reduced by the percentage of fault assigned to you. If you are mostly or entirely responsible for the accident, meaning 51% or more, you will not be able to recover any damages from the other driver, whether through insurance or at trial.

Will I Be Found at Fault If I Am Involved in a Lane Splitting Motorcycle Accident?

Getting injured while “lane-splitting” can also affect your case. Riders often resort to lane-splitting to bypass congested traffic by riding between two traffic lanes. Although not explicitly prohibited in New Jersey, it could potentially impact the compensation your recover. While there is no law specifically against lane-splitting, no law is on the books that allow the practice.

When lane splitting, it is crucial to prioritize safety by checking your blind spot and taking other necessary precautions. It is important to note that if an accident occurs during lane splitting, it does not necessarily mean you are at fault for the incident. However, an insurance company or defense attorney could easily assert that this unsafe practice played a role in causing your accident considering that it is illegal in several other states.

Our New Jersey Motorcycle Accident Lawyers Can Help

For a free case review with a knowledgeable Cherry Hill motorcycle accident lawyer, call Jerry Friedman at 1-800-529-4464 today.