Your actions will be questioned after a motorcycle accident, as your degree of fault can lower your compensation if you are partially responsible. Our attorney can help fight claims that 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 present expert witnesses and other evidence to prove that the other driver is responsible, potentially helping you recover 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.
How Does Comparative Fault Affect New Jersey Motorcycle Accident Lawsuits?
New Jersey is a modified comparative negligence state, meaning that sharing some degree of fault most likely won’t stop you from filing a lawsuit. Our firm knows how comparative negligence rules work and are applied in New Jersey and can anticipate how it could be an issue in your case.
If You Are Less at Fault
Under N.J.S.A. § 2A:15-5.1, being partially at fault will not bar you from pursuing damages in a lawsuit, provided your negligence does not outweigh the defendant’s. It can, however, lower the amount of compensation you recover by your percentage of fault if you are found contributorily negligent.
If You Are More at Fault
If your degree of negligence is determined to be more than the defendant’s, you cannot recover anything for your damages and may not file a lawsuit in New Jersey. Don’t assume you are mostly at fault after an accident, and let us see if you still have a case.
Does Insurance Care About Your Degree of Fault in a Motorcycle Accident?
Be careful of what you say after the accident when talking to the other driver and insurance, as accepting fault could impact your claim.
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.
If you were injured in a New Jersey 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, simply riding a motorcycle should never be used as a measure of your own fault in a lawsuit.
How Much Does My Degree of Fault Matter in a Motorcycle Accident Case?
Applying comparative negligence rules can be confusing, and our lawyer can explain how your own actions might affect your recovery by lowering it, not blocking it altogether.
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. Most victims can’t afford this, so it’s critical to 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 an NJ Motorcycle Accident Lawsuit?
You have several ways of protecting your future compensation if you are injured in a motorcycle accident and incur damages. What is most important is complying with New Jersey’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. You should also take photos of the scene, which Jerry will also review to determine whether the defendant had a last chance to avoid the crash.
Report the Crash
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 the defendant’s statements. With the officer’s observations of the scene, the report could have what we need to fight claims of comparative negligence.
Gather Evidence at the Scene
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, allowing you to get your motorcycle repaired without losing evidence.
Do Not Apologize
Even a simple “I’m sorry” could be construed as you accepting fault for the accident in some capacity. While you might feel compelled to apologize, don’t. Avoid any in-depth conversations with the other driver about what happened, and just request their contact and insurance information.
You must also be careful not to accept fault during any communications with the other driver’s liability insurance.
Follow Traffic Rules
Eliminate the defendant’s ability to argue comparative negligence whatsoever by following traffic rules at all times while riding your motorcycle in New Jersey. All drivers on the road owe each other a duty of care, and you must also uphold yours at all times for everyone’s safety. Follow the speed limit, do not lane split or make other risky maneuvers on your motorcycle, and keep a safe distance between your vehicle and other cars on the road.
Wear a Helmet
If you were not wearing a helmet and sustained a head injury, the defendant might argue that you contributed to your damages. Not only does wearing a helmet significantly reduce the risk of serious or deadly injuries, but it is also mandatory 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. If it doesn’t, you must wear eye protection, such as goggles. 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 and contributed to the crash.
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.
FAQs About Sharing Fault for a New Jersey Motorcycle Accident
What if You Are More than 50% at Fault for a Motorcycle Accident?
Anyone who is more than 50% at fault for their injuries is barred from filing a lawsuit and recovering any damages in New Jersey.
Why Does Fault Matter After a Motorcycle Accident in New Jersey?
Motorcycle accidents aren’t covered by drivers’ personal injury protection insurance in New Jersey, meaning victims must determine fault and hold the liable party accountable to get compensation after a crash.
Do You Need a Lawyer to Combat Comparative Fault Arguments?
With an attorney, you may not prepare for the defendant’s comparative fault arguments. You could end up getting far less compensation than you deserve because too much fault is attributed to you.
What Evidence Disproves Comparative Fault?
Our New Jersey motorcycle accident lawyer may use eyewitness statements, videos, photos, and accident reconstruction to disprove a defendant’s comparative fault arguments and recover the maximum compensation on your behalf.
Should You Still Sue if You Share Fault for a Motorcycle Accident?
Even if you think you might share fault for a motorcycle accident, you should still see if you have a claim, as only being slightly at fault most likely won’t stop you from getting any compensation.
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.