How is Fault Determined in a Motorcycle Accident In NJ?
After a motorcycle accident, many riders face mounting medical bills and other costs. To make matters worse, riders cannot always return to work after an accident, so they lose more money in lost wages. When another driver is at fault for your accident and injuries, they should be held responsible and made to cover your costs. However, this is easier said than done. If you want the responsible driver to pay you your just compensation, you need to prove they were at fault for the accident.
Whoever caused the accident is said to be the person “at fault.” Demonstrating fault is harder than people realize because accidents tend to happen very quickly. A motorcycle rider may not see the other driver coming before they are hit. Some riders are knocked unconscious and may have trouble remembering anything at all. We can demonstrate fault by using evidence from the accident scene and witness testimony. We can also use crash experts to recreate your accident and figure out if the other driver is at fault.
If you were injured in a motorcycle accident in New Jersey, proving fault is critical to the success of your personal injury lawsuit. You deserve to be compensated for the pain you have had to endure, and the responsible driver should have to pay. Call our NJ motorcycle accident attorney Jerry Friedman at 1-800-529-4464 for help proving fault in your case.
Determining Fault After a NJ Motorcycle Accident
Fault is simple to define, but tricky to prove. People often say that they know the other driver is at fault for the accident, they just do not know how to prove it. Fault can be so hard to prove because evidence may be minimal. However, there are ways that fault can be proven if you know where to look for the right evidence.
In many New Jersey motorcycle accident cases, the first people to respond are the police. The police are trained in gathering evidence and begin to do so almost immediately. Because of the dire nature of motorcycle accidents, however, the police may place your safety and medical treatment over their duty to collect evidence. The police typically write narratives about the accident scene in subsequent police reports. Information from the police about what they heard or saw at a crash site can help us prove who was at fault.
If evidence from the accident scene is scant, we may need to employ accident reconstruction experts. These experts can take details about the scene and recreate it. The more details we can provide, the more accurate their reconstruction will be. These experts can often tell us which driver is responsible for your accident.
It is important to speak with an attorney about your case as soon as possible so you can begin gathering evidence to prove fault. Our Jersey City motorcycle accident lawyer is here to help you navigate this complicated process.
Gathering Evidence from the Accident Scene to Demonstrate Fault in NJ
Evidence gathered from the scene of the accident is paramount to proving fault. Evidence can include physical evidence, such as photos of the damage to your car or even skid marks on the road. It can also include eyewitness testimony and testimony from responding officers or medical personnel.
It is vital to revisit the crime scene because you never know what you might find. There may have been witnesses who saw the accident and can testify about what they saw. There could even be nearby businesses with surveillance cameras that caught the accident on video.
The police in New Jersey may also testify about whether another driver was cited for a traffic violation in relation to the accident. If the other driver ran a red light, was speeding, or failed to stop at a stop sign, this may be used to demonstrate fault. It is possible to argue that had the other driver been obeying the rules of the road, the accident would not have occurred. Speak with our Hackensack NJ motorcycle accident lawyer about how to gather necessary evidence for your case.
Consulting with Experts to Determine Fault After a NJ Motorcycle Accident
As mentioned above, accident reconstruction experts can be used to prove fault when your other evidence is just not enough. A reconstruction expert often takes information from police reports about the accident and pieces together how the accident likely happened. They can use information like measurements of skid marks on the pavement to determine how fast a car was traveling. They can also examine the damage on the other driver’s vehicle and your motorcycle to determine points of impact.
Accident reconstruction experts can be expensive and, in the interest of reducing your expenses, should only be considered when existing evidence is insufficient to prove fault. However, depending on the extent of your damages, these experts may be worth the time and effort. Contact our East Brunswick motorcycle accident attorney today to talk about your case.
What if I Can’t Prove Fault After My NJ Motorcycle Accident?
As stated throughout this post, proving fault is usually difficult. If your case is not as strong as you had hoped, you may want to consider other legal options. If going to trial is not likely to result in a victor, you might want to consider settling.
A settlement is when the opposing party, in your case the responsible driver, agrees to pay you a sum of money in exchange for your dropping your case. If you cannot prove fault, this may be a wise choice as you will at least get money to cover some of your expenses.
Settlements often require negotiations between the parties. It is important to remember that things said during settlement negotiations cannot be used to prove fault. For example, if the other driver talks about hitting your motorcycle in settlement talks, you cannot turn around and use that information to prove fault at trial.
Talk to our experienced Paterson motorcycle accident lawyer about handling your case when proving fault becomes too difficult.
Get in Touch with Our NJ Motorcycle Accident Attorney for Help with Your Case
If you were involved in a New Jersey motorcycle accident, you need legal representation to help you prove the other driver is at fault. Call our skilled and knowledgeable Camden motorcycle accident attorney for a free legal consultation. Call Jerry Friedman at 1-800-529-4464 today.