Does Your Degree of Fault Matter in a NJ Motorcycle Accident Case?

After a motorcycle accident, your actions will be questioned since your degree of fault can keep the insurance company from compensating you if you are partially responsible. Our attorney can help fight claims you contributed to your accident and ensure that simply riding a motorcycle is not used against you.

Insurance companies often paint motorcycle riders as somehow more reckless even when they tend to be safer. If you are found to have contributed to your injuries, it can lower the compensation you recover. For instance, not wearing a helmet or eye protection can be used as evidence that you made your injuries worse or did not see the other driver. Our lawyer can use expert witnesses and other evidence to prove the other driver is responsible, potentially saving the compensation you might otherwise lose.

To schedule a free, confidential case review, contact our NJ motorcycle accident lawyer, Jerry Friedman, today at 1-800-529-4464.

Will My Own Negligence Be an Issue When Filing a Motorcycle Accident Claim in New Jersey?

After a collision, injury victims usually file a legal claim to recover compensation, and insurance companies almost always try to argue that the victim’s degree of fault should lower that compensation. When a rider is injured in a NJ motorcycle accident, you can be sure that the insurance company will try to use the fact that you were on a motorcycle against you, even with the flimsiest of evidence. However, riding a motorcycle should never be used as a measure of your own fault in a lawsuit.

Jerry Friedman, our motorcycle accident attorney in New Jersey, also enjoys riding and can discuss how the state’s comparative negligence rules might impact your legal claim. Under N.J.S.A. § 2A:15-5.1, being partially at fault will not bar you from pursuing damages in a lawsuit. It can, however, lower the amount of compensation you recover by your percentage of fault if you are found contributorily negligent. If your degree of negligence is determined to be more than the defendant’s, you cannot recover anything for your damages.

For example, let’s say you were found 40% at fault after being awarded $100,000 for your damages. The court would subtract 40% from your $100,000 award, leaving you with $60,000. The other $40,000 would then be your responsibility to cover. If you were deemed more than 50% at fault, your award would be zero. Hence, it is critical that you work with a skilled attorney to identify how your actions might be misused against you during a claim and how to fight it.

How Can I Lessen My Degree of Fault for a NJ Motorcycle Accident Lawsuit?

You have several ways of protecting your interests in the event you are injured in a motorcycle accident and need compensation. What is most important is to comply with NJ’s motorcycle laws, including wearing a helmet and ensuring your bike is in good working condition. You should also report your accident immediately afterward so key details can be included in the police report and take photos of the scene. Jerry will also review the evidence to determine if the defendant had the last chance to avoid the crash.

Report the Crash and Gather Evidence at the Scene

Vehicle accidents involving injury, more than $500 in property damage, or death must be reported to law enforcement under § 39:4-130. Regardless of the legal requirement, it is always a good idea to report your accident so there is a detailed account of what happened and the injuries you sustained. The police report will include the statements you and eyewitnesses gave, as well as what the defendant said. With the officer’s observations of the scene, the report could have what we need to fight claims of comparative negligence.

Also, take photos of the accident scene, including damage to your bike and any visible injuries. Your photos will preserve details that will be cleaned away soon after and allow you to get your motorcycle repaired without losing evidence.

Wear a Helmet

A strong argument for sharing fault in your case is if you were not wearing a helmet when the collision occurred. Not only does wearing a helmet significantly reduce the risk of serious or deadly injuries, but it is also the law under § 39:3-76.7. If you violated the helmet law and it contributed to your injuries, the defense will have a good argument that you were negligent per se based on your violation. However, Jerry will fight their arguments if your injuries had nothing to do with your injuries and how the defendant caused them.

Wear Eye Protection

Your motorcycle must also have a windshield, or you need to wear eye protection, like goggles, according to § 39:3-76.8. If the police report notes that neither of these preventions was taken, the defense will likely argue that you did not see the other driver before the accident.

Ensure Your Headlights Work Properly

Always make sure your headlights, taillights, and any other lights equipped to your bike are working properly before hitting the road. If not, the other side will try to put you at fault because the other driver could not see you when they hit you.

Argue Last Clear Chance

Jerry might also be able to negate your negligence if he can prove that the driver had the last clear chance to avoid the accident. If the defendant had the ability to avoid the crash after becoming aware of your negligence and did nothing to prevent the accident from still occurring, it would mitigate your degree of fault.

Use Expert Witnesses

When liability is difficult to determine based on the evidence alone, Jerry can arrange for expert witnesses to review it. An accident reconstruction expert can piece together the scene and bolster our arguments that the defendant is solely responsible for your injuries.

Call Jerry, Our Motorcycle Accident Attorney in New Jersey, Today for Assistance Getting the Compensation You Deserve

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