Posted in Motorcycle Accident
Motorcycle riders can be blamed for crashes before anyone has examined the evidence. Drivers may say they never saw the rider, and insurers may say the rider was going too fast or riding too close. New Jersey has a specific rule for how shared blame affects a claim, and it matters a great deal for riders.
New Jersey Compares Fault Between the Parties
Under N.J.S.A. 2A:15-5.1, an injured person’s own negligence does not bar recovery if it was not greater than the negligence of the person against whom recovery is sought, or not greater than the combined negligence of several parties. Any damages are then reduced by the percentage of negligence attributed to the injured person.
In practical terms, a rider who is found to be fifty percent at fault or less can still recover. A rider found to be more at fault than the other party cannot.
Insurers Can Point to the Rider
Adjusters can focus on a short list of arguments. Common ones include:
- That the rider was traveling above the speed limit or too fast for the conditions
- That the rider was in the driver’s blind spot or followed too closely
- That the rider’s lights or clothing made the motorcycle hard to see
- That the rider could have avoided the crash by braking sooner
A Jersey City motorcycle accident lawyer can test each of these points against the physical evidence.
A Rider’s Share Reduces the Recovery
The reduction follows the assigned percentage. For example, a rider with damages of $100,000 who is found 20 percent responsible would recover $80,000.
A small shift in the assigned percentage changes the payout, so the early account of the crash matters.
Road Hazards Can Shift Responsibility
Not every crash comes down to two drivers. Potholes, loose gravel, and poor lane markings can be especially dangerous for riders, and the question of road hazard liability can change how fault is divided.
Photographs of the hazard should be taken as soon as it is safe to do so, since road conditions are repaired or changed quickly.
Collisions With Cars and Trucks
Some rider crashes involve another vehicle, and the type of vehicle shapes the evidence. A Jersey City car accident claim can involve a driver who turned across a rider’s path or changed lanes without looking.
Large commercial vehicles bring added layers of responsibility. A Jersey City truck accident can involve the driver, the carrier, and the company that loaded the vehicle.
Evidence That Limits a Rider’s Share
Strong evidence keeps the allocation of fault from tilting against the rider. Items worth collecting include:
- Photographs of the scene, the road surface, and the vehicles
- Names and numbers of witnesses
- The police report and any citations issued
- Video from nearby businesses, traffic cameras, or a helmet camera
- Damage patterns that show the angle of impact
Steps After the Crash
What a rider does in the first hours affects the fault analysis later. The steps after a crash include getting medical care, documenting the scene, and avoiding statements about fault.
Statements made at the scene or to an insurer can be repeated later, so a rider should keep remarks short and factual.
Getting a Careful Fault Review
How an insurer’s fault argument affects a claim depends on the evidence and on how the percentages are assigned, and a Jersey City motorcycle accident lawyer can address both before a settlement is discussed.
The same fault comparison applies to any Jersey City personal injury claim in which more than one person may share blame.
Experience Helping Accident Victims
Law Offices of David A. DiBrigida helps accident victims in New Jersey pursue recovery from insurance companies. Attorney David DiBrigida has worked on personal injury matters for more than 30 years.
Fault percentages shape every rider’s recovery, so a rider hurt in Jersey City can reach out to the firm to go over the facts of the crash while the evidence is still fresh.
