Liability if a Motorcyclist Gets Hit While Riding on the Shoulder in NJ
If you were riding your motorcycle on the shoulder when another driver hit you in New Jersey, would they be liable for your injuries?
Even if comparative negligence rules lower victims’ recoveries somewhat in lawsuits for accidents on the shoulder, they may still file lawsuits against the drivers who hit them. While shoulder lanes are not meant for passing, using them that way while riding your motorcycle will not necessarily block you from recovering compensation, provided we can prove your negligence does not outweigh the other party’s. Using a combination of eyewitness statements, accident reconstruction, and other evidence, we can prove the defendant’s liability for your injuries so you get the damages you deserve after a crash.
Call New Jersey motorcycle accident lawyer Jerry Friedman for help with your case today at 1-800-529-4464.
Who is Liable When Motorcyclists Get Hit While Riding on the Shoulder in New Jersey?
Although shoulders on roads are meant for emergency purposes and not to get ahead of traffic, some drivers will use the shoulder to pass. Though this is not allowed, motorcyclists in New Jersey are not automatically blocked from seeking compensation if they are hurt by another driver while riding on the shoulder.
When driving in a lane next to a shoulder, drivers should stay alert in case an emergency vehicle or other car approaches them in that lane. Vehicles might also be stopped on shoulders for many reasons. For example, drivers might pull over on the shoulder after breaking down, and police officers or ambulances might use it to bypass traffic in the event of an emergency. It’s also common for debris to be in shoulder lanes, another reason why staying alert is crucial.
Accidents in the shoulder lane generally happen because of negligence. For example, fatigued drivers might nod off behind the wheel, veering into the shoulder and striking a motorcyclist riding there. This could also happen when drivers operate their vehicles under the influence and swerve into shoulder lanes motorcyclists are using to pass them.
Even if you were riding on the shoulder when another driver struck you, their negligence might enable you to file a lawsuit for compensatory damages despite you using the shoulder improperly. Assuming you cannot recover your losses because you were riding on the shoulder could leave you on the hook for expensive medical treatments, detrimental lost wages, and harmful intangible damages. It could also make you delay your lawsuit, putting you at risk of missing the two-year filing deadline in New Jersey, which Jerry can help you avoid.
Can Liability Be Shared When Motorcyclists Get Hit While Riding on the Shoulder in New Jersey
All of that said, New Jersey is a modified comparative fault state, meaning your riding in the shoulder and using it improperly could affect the total compensation you recover in your case, despite the fact that you can file a lawsuit.
New Jersey sets its rules for comparative negligence under N.J.S.A. § 2A:15-5.1. Even if victims contribute to accidents, they can still seek compensation from the other involved party, provided their negligence is not greater. However, their compensation will be reduced proportionally to their percentage of fault.
Suppose you were riding on the shoulder because your motorcycle was experiencing an emergency, and you were trying to get away from other lanes of traffic when a negligent driver hit you. In that case, comparative negligence may not affect your case or recovery at all. Similarly, if you went into the shoulder to avoid a drunk driver who hit you anyway, Atlantic City, NJ motorcycle accident lawyer Jerry Friedman would argue that you did not contribute to the accident and were, in fact, trying to prevent it.
Using the shoulder improperly will not block your recovery if the defendant’s negligence or recklessness supersedes yours. Arguing the percentage of liability placed on victims can improve their recoveries, and we can aid with this as well.
When initially reviewing your case and the accident’s facts, we can prepare you for how comparative negligence rules might impact your recovery and make a plan to undermine the defense’s arguments, such as with eyewitness statements or accident reconstruction.
Proving Liability When Motorcyclists Get Hit While Riding on the Shoulder in New Jersey
Certain evidence is more useful than others when proving liability for motorcycle accidents in the shoulder lane, particularly when the plaintiff’s own negligence is in question. This includes statements from eyewitnesses and accident reconstruction experts, which we can prioritize in anticipation of victims’ claims.
Eyewitness Statements
After serious collisions, eyewitnesses often stop to offer victims help. After speaking with you and reading the police report, we can contact witnesses and record what they saw. Their statements may confirm that, despite riding on the shoulder, you were moving at a safe speed and were not otherwise being negligent when the other reckless driver struck you. Particularly in cases threatened by comparative fault rules lowering victims’ recoveries, having eyewitness statements is hugely beneficial. The sooner we schedule and conduct interviews with them, the better, as their statements may be more accurate.
Accident Reconstruction
Accident reconstruction can also confirm each party’s actions during a collision on the shoulder. For example, using police reports, evidence of property damage, vehicle block box data, eyewitness statements, and photos from the scene, key experts can reconstruct the crash, determining who did what. They may ascertain each party’s direction of travel, their speed, and which vehicle initiated contact. Accident reconstruction experts can go on to testify during trials, and their statements may be useful leverage over defendants during settlement negotiations, enabling us to get better out-of-court offers for victims with bad motorcycle accident injuries.
Call Us to Discuss Your Recent NJ Motorcycle Crash
Get a free case review from Hoboken, NJ motorcycle accident lawyer Jerry Friedman by calling 1-800-529-4464 today.
