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 35 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:

• Do I Need to Have a New Jersey Motorcycle License to Ride My Bike?
• How Do I File A Personal Injury Claim After A Motorcycle Accident?
• How Is Fault Determined in a Motorcycle Accident?
• What Are The Most Common Motorcycle Injuries?
• What Causes Motorcycle Accidents?
• What Is UM/UIM Coverage and Do Motorcyclists Need It?
• What Kinds of Injuries are the Most Common in Motorcycle Accidents?
• What Should I Do After A Motorcycle Accident?