Proving Fault in a NJ Motorcycle Accident
March 1, 2021
New Jersey may be a no-fault state, but that doesn’t mean that who is responsible doesn’t ever matter. If you experience significant damages and injuries, which is common in motorcycle accidents, you may need to turn to the at-fault driver to cover them. Determining who is at-fault in a motorcycle accident requires the evaluation of available evidence.
Determining Who Is At-Fault in a Motorcycle Accident
The details of the accident determine who is at fault. Here are a few common causes of motorcycle accidents:
- Distracted driving
- Bad weather
- Driving under the influence
- Improper maintenance of motorcycle
- Poorly maintained roads
- Aggressive driving
- Opening a door unexpectedly
- Objects or debris in the road
- Changing lanes without looking first
These are just a few common causes of behaviors that lead to motorcycle accidents. Either the motorcyclist or the vehicle driver can be at fault.
Important Elements in a Motorcycle Accident
When filing a motorcycle accident claim, we will attempt to prove four important elements, including:
- Duty of care: The responsible driver must have held a legal duty of care to the motorcyclist. Drivers owe other drivers this duty of care.
- Breach of duty: The responsible driver must have breached their duty, either with negligence or an intentional act of harm.
- Causation: The negligent actions of the responsible driver must have been the cause of the motorcycle accident.
- Damages: In order to file a claim, there must be actual damages. This varies for each driver and could include things like medical bills or lost wages.
Your lawyer will work to identify who is at fault by proving each of these points. Negligence is a common cause of motorcycle accidents and could include things like speeding, driving under the influence, driving while distracted, or failing to drive in a safe manner. Other causes, like poor weather or the motorcyclist’s failure to maintain their equipment, could deem them at fault.
It is possible for more than one driver to be at fault when a motorcycle accident occurs. For example, one driver is speeding, but the other is driving while under the influence. In this case, we will determine the percentage of fault that each driver holds. While you can still seek compensation, your compensation amount is reduced by the percentage in which you are at fault.
In a comparative negligence case, it is important to have a good lawyer on your side, fighting for your rights. The other lawyer will usually try to minimize your injuries or place more blame on you, so they have to pay less for compensation.
Contact a Motorcycle Accident Lawyer Today
Whether you were in a motorcycle accident in which someone else is at fault or you’re not sure who was responsible for your damages, it can be helpful to talk with a lawyer about the details of your case. We have many years of experience in assisting motorcycle riders who now have injuries due to someone else’s negligence. Let us help you build your motorcycle accident case.
Contact a Roxbury Personal Injury Lawyer to Discuss Your Motorcycle Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to an accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Hoyt & Hoyt, PC represent clients injured because of a motorcycle accident in Parsippany, Mount Olive, Rockaway, Roxbury, and throughout New Jersey. Call (973) 292-2299 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 67 East Park Place, 5th Floor, Morristown, NJ 07960, as well as an office in New Brunswick, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.