Liability if a Motorcyclist Gets Hit While Riding in the Center Lane in NJ
Accidents in the center lane can be chaotic, and victims struck while riding their motorcycles might be unsure whether or not they can hold the other party liable for their damages.
While liability may be unclear when motorcyclists are hit while riding in the center lane, we can determine fault after reviewing your case in detail. Generally, if you were riding at the appropriate speed limit and another driver recklessly merged into your lane when approaching a left turn, striking you, they would be liable. Or, if you were slowing down in the left lane leading up to the stoplight, but the driver following you was distracted and rear-ended you, they would also be liable. In other, more complex, center lane accidents involving motorcyclists, our team can also prove fault and address assertions of comparative fault from the defense.
For a free case review from our New Jersey motorcycle accident lawyer, call Jerry Friedman today at 1-800-529-4464.
Who is Liable for Motorcycle Accidents in the Center Lane in New Jersey?
Accidents in center lanes, which should be used for making left turns or U-turns in New Jersey, not just passing other vehicles, are often difficult to determine liability for. These accidents often happen surrounded by lanes of traffic moving in multiple directions, increasing the risk of further injury or other cars becoming involved. Jerry can review the circumstances of your recent crash to pinpoint who is at fault so you can hold them accountable for your damages.
Accidents Due to Unsafe Lane Changes
Drivers merging into center lanes in anticipation of making left turns might fail to check their blind spots for motorcycles, potentially sideswiping them. Motorcycles are much smaller than even passenger cars, and drivers might fail to consider them when making maneuvers through traffic. Drivers might recklessly speed up to squeeze between vehicles, misjudging the space they have and hitting bikers. If you were already traveling in the center lane when approaching a left turn, and another driver attempted to move into your lane, sideswiping you, they would be liable for your damages. Sideswipe accidents can be especially damaging when they involve motorcycles, as bikers might be thrown from their vehicles and pushed into traffic.
Accidents Due to Tailgating
When approaching a left turn in the center lane, drivers should anticipate slowing down or stopping, as they might have to wait for a break in oncoming traffic to turn. Tailgating a motorcyclist in the center lane could lead to a rear-end accident. Though often seen as less serious than other collisions, rear-enders can be particularly egregious when cars hit motorcycles, as bikers are not protected by seat belts or other means. While rear-enders between cars might result in whiplash, cars striking motorcycles from the rear at any speed could cause broken bones, road rash, and other painful injuries.
Accidents Due to Distracted Driving
It’s important to stay alert while driving at all times, particularly when driving in areas with frequent lane changes, like center turning lanes. Drivers who fail to pay attention might not respond to changes in the flow of traffic, causing accidents and injuring victims.
Accidents Due to Drunk Driving
Motorcyclists in the center turning lane face the risk of injury from drunk drivers. With slower reaction times and poorer decision-making abilities, drunk drivers might veer into center lanes while approaching them head-on, leading to devastating collisions. Head-on accidents with motorcyclists have a high fatality rate, even when bikers wear the necessary protective gear, like helmets, as required under N.J.S.A. § 39:3-76.7. Being injured by a drunk driver might make you eligible for punitive damages if your case goes to trial, potentially increasing the money you walk away with at the end of your lawsuit.
Preserving Evidence of Liability After Being Hit on Your Motorcycle in the Center Lane in New Jersey
Being struck in the center lane while riding your motorcycle could leave you very vulnerable, particularly if other cars continue to pass by. Your main priority should be getting to a safe area away from moving traffic and calling the police.
Officers can help facilitate the exchange of information between you and the other driver and help you take the pictures you need to document property damage and debris, which may ultimately help our New Brunswick, NJ motorcycle accident lawyer and crash reconstruction experts prove liability.
Having eyewitness statements that confirm the other driver’s negligent conduct can help prove their negligence, so if you speak to any eyewitnesses at these scene, ask for their contact information. Otherwise, we may be able to glean that information from the crash report we get from law enforcement.
Comparative Fault in New Jersey Lawsuits for Motorcycle Accidents in the Center Lane
Motorcyclists often face difficulties proving they did not contribute to an accident or their injuries because of the preconceptions against them. For example, defendants might claim that motorcyclists were simply riding the center lane to get ahead of traffic and that they were using it improperly, contributing to the collision in some way. Addressing these assertions head-on is crucial, as New Jersey’s comparative fault rules could otherwise lower your recovery proportionally to your liability.
When seeking damages in any auto accident lawsuit, it’s often just as important to establish your conduct as it is the defendant’s. We can swiftly obtain law enforcement reports, identify eyewitnesses to interview, and involve accident reconstruction experts to analyze photos and physical evidence to determine liability. Eyewitnesses can testify to the fact that you were following traffic rules and the defendant was the one who acted negligently, whether by speeding, following you too closely, or recklessly merging into the center lane you were riding in.
Using the center turning lane to pass other vehicles is inadvisable for motorcyclists, as are other acts like lane-switching, as this could lead to lower recoveries. At-fault drivers might even point to victims apologizing at the scene as evidence of comparative negligence, so limit conversations with the other party to exchanging insurance and contact information.
Call Us About Your Recent Motorcycle Collision in New Jersey
For a free case assessment from Paterson, NJ motorcycle accident lawyer Jerry Friedman, call 1-800-529-4464.
