How is fault determined in a motorcycle accident?
Over 30 years of experience. Over $100 million recovered for clients.
How is fault determined in a motorcycle accident?
Over 30 years of experience. Over $100 million recovered for clients.

How is fault determined in a motorcycle accident?

Under general principles of personal injury law, a driver may be liable to you for any injuries you suffered in the accident if they violated a duty of care they owed to you.

Generally, all drivers owe others on the road, including motorcyclists, a duty of care. This duty requires drivers to act in a reasonably safe manner, following all traffic laws. For example, any of the following could constitute a violation of the duty another motorist owed to you:

• Failure to yield when making a turn;
• Speeding;
• Cutting you off;
• Tailgating;
• Driving under the influence of drugs or alcohol;
• Running a red light or a stop sign;
• Suddenly braking for no reason;
• Changing lanes into a lane you are occupying; and
• Not paying attention to the road.

This is a partial list of ways a driver can be negligent; there are countless others. However, one concern—especially in motorcycle accident cases—is the other driver’s claim that you shared blame for causing the accident.

Motorcyclists face a general stigma that they are aggressive drivers. This is not always the case; most motorcyclists take safety very seriously. However, this does not change the fact that most people’s gut reaction to hearing about a motorcycle accident is that the motorcyclist was in the wrong.

However, even if you were partially at fault for causing an accident, that does not mean that you cannot recover compensation for your injuries. Under state law, you are entitled to recover damages from another driver so long as they were more at fault than you were. However, the amount of damages you can recover will be reduced by your percentage of fault. For example, if you suffered $100,000 in damages in a motorcycle accident but were 20 percent responsible for the collision, you would recover $80,000. This highlights the importance of working with an experienced New Jersey motorcycle accident lawyer who can help minimize any fault that may be attributed to you, maximizing your potential recovery.

Contact Our Experienced New Jersey Motorcycle Accident Lawyers

If you or a loved one has recently been injured in a motorcycle crash, or lost a loved one, contact one of our dedicated New Jersey motorcycle accident attorneys to discuss your options. Our attorneys provide skillful, zealous advocacy on behalf of our seriously injured accident clients across New Jersey.

The New Jersey Injury Attorneys at the Todd J. Leonard Law Firm have over 30 years of experience aggressively representing clients in all types of accidents in various claims. The firm’s Founding Partner, Attorney Todd Leonard, has devoted his entire legal career to helping his clients recover the compensation they need and deserve. To learn more about how we can help you pursue a claim, give us a call today at (973) 920-7900 to request a free, confidential consultation. There is never a fee unless we win your case. We have offices conveniently located in Denville and Morristown.

Other Motorcycle Accident FAQs:

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Trust me, he will take you into his hands and take care of all your personal injury legal matters. They are friendly, professional, and go out all the way for you. Thank you Todd Leonard and staff.

- Frank O.
Mr. Leonard’s law firm constantly kept in touch

and on top of my problems. They were quick to respond to my legal needs and were very attentive and showed real concern to my issues. I highly recommend them to anyone needing legal representation.

- Leslie W.
The Leonard Law Firm is truly amazing.

They go above and beyond to make sure you get what you deserve.

- Gina V.
I highly recommend using this law firm.

My lawyer Paul Paravati was always available there for me and gave me first rate service.

- Richard B.
He was relentless

until the case was fully settled and all was in our favor. Thank you so much. We highly recommend his office to anyone.

- E. and M.
Todd and his staff were courteous and caring about my personal well-being.

They were knowledgeable and settled my case in an expedited manner. I really felt they were on my side the whole way. Thank you Todd and staff for excellent treatment!

- B.H.
You are the most amazing person

and I am indebted to you forever!

- P.S.

A proven track record of success

$29.5Million
Product Liability & Auto Accident
$3.5Million
Drunk Driving Accident
$2.94Million
Car Accident Road Defect
$2.5Million
Workplace Construction Accident
$2.25Million
Fall Down Accident
$1.8Million
Car Accident State Vehicle
$1.8Million
Car Accident State Vehicle
$1.5Million
Fatal Apartment Fire
$1.36Million
Auto Accident
$1.2Million
Auto Accident
$1.0Million
Civil Sexual Assault Lawsuit
$1.0Million
Slip & Fall Accident
$1.0Million
Fall Down Accident
$29.5Million
Product Liability & Auto Accident
$3.5Million
Drunk Driving Accident
$2.94Million
Car Accident Road Defect
$2.5Million
Workplace Construction Accident
$2.25Million
Fall Down Accident
$1.8Million
Car Accident State Vehicle
$1.5Million
Fatal Apartment Fire
$1.36Million
Auto Accident
$1.2Million
Auto Accident
$1.0Million
Civil Sexual Assault Lawsuit
$1.0Million
Slip & Fall Accident
$1.0Million
Fall Down Accident
$29.5Million
Product Liability & Auto Accident
$3.96Million
Car Accident/Brain Injury
$3.5Million
Drunk Driving Accident
$3.1Million
Slip and Fall: Workers’ Compensation & Premises Liability Accident
$2.94Million
Car Accident Road Defect
$2.5Million
Workplace Construction Accident
$2.25Million
Fall Down Accident
$1.8Million
Car Accident State Vehicle
$1.5Million
Fatal Fire Apartment
$1.36Million
Auto Accident
$1.2Million
Auto Accident
$1.1Million
Slip & Fall Accident

Request a Free Consultation

Being injured or having a family member injured can have serious and lifelong consequences. We can try to ease the burden. Contact us today to learn more about how our team of experienced New Jersey accident attorneys can support you through these challenging times.