Most motorcyclists understand the dangers they face when riding in New Jersey and take appropriate measures to protect themselves. Unfortunately, no amount of safety can completely protect you from negligent drivers.
Riding a motorcycle might involve added dangers, but it does not mean you should be held responsible for your own injuries. Our attorneys have fought these cases for decades and can help you fight claims you contributed to your accident. Accusing a rider of negligence is a common tactic insurance companies and defendants use to save themselves money. Without legal support, these arguments can lower the compensation you recover or get your case dismissed. However, our team can get evidence to show that the other driver is more to blame, and you should be compensated even if your own negligence contributed to the accident in a small part.
For a free case review with our motorcycle accident attorneys, call Agrapidis & Maroules, P.C. today at (201) 777-1111.
Determining Fault After a Motorcycle Accident in New Jersey
Fault is a crucial issue in any personal injury claim, but especially in motorcycle accident lawsuits, where defense attorneys and insurance companies know how to exploit negative biases against riders. Many try to paint motorcyclists as reckless or somehow more irresponsible than other drivers in New Jersey. However, our motorcycle accident attorneys understand that reality is far removed from this perception. Most riders make safety their top priority while riding. However, other drivers’ negligence is sometimes unavoidable.
Fortunately, sharing fault for your motorcycle accident will not prevent you from recovering compensation in most cases. New Jersey uses a “modified comparative negligence” rule to guide how fault should be apportioned in an accident claim. Under N.J.S.A. § 2A:15-5.1, contributory negligence will not bar a victim from recovering damages as long as their share of negligence is not greater than the other party’s. If your liability is less than the defendant’s, you can recover damages, but the amount will be diminished by the percentage of negligence attributed to you. If your share of fault is greater than the other driver’s, you will be denied the money you need.
Thus, following New Jersey’s specific motorcycle laws while riding around the state is important. If you violated any traffic laws during your accident, you can be sure that it will come up in your claim. This usually happens if you do not do the following:
Wear a Helmet
The first fact insurance companies and attorneys often turn to is the safety gear the rider wore when the accident happened. Unlike other states, New Jersey does not require riders to wear gear like riding jackets or padding. However, it does require all riders to wear a helmet, as per § 39:3-76.7.
Not wearing a helmet while riding is not only taking your life into your own hands but also the easiest way to jeopardize your compensation. Studies show that not wearing a helmet is more likely to cause severe complications, longer hospital stays, and greater fatalities. These are damages the defendant will not pay if they can fight it.
Instead, make sure you are wearing a securely fitted, state-approved helmet no matter how long of a ride you plan on taking. It can be hard to challenge claims of comparative negligence if you were not wearing a helmet and sustained serious head injuries.
Ride Appropriately
You should also be riding your motorcycle the way it was intended. This means staying seated on an attached seat and not riding with passengers on parts of the bike not designed for them, according to § 39:3-76.5(a). If your bike is designed for two riders, ensure your passenger remains seated.
Have the Proper Equipment
Besides helmets, motorcyclists are also required to wear goggles or face shields while riding, according to § 39:3-76.8. However, this will not be held against a rider if they have a windscreen equipped to their bike, as per § 39:3-76.9. If you are not wearing goggles or no windscreen, it can open up arguments that you could not safely see the other driver you crashed into.
You must also ensure that your motorcycle is equipped with proper lights that are in working order when you ride. According to § 39:3-61(h), a motorcycle should not have more than one to two headlights, one taillight, one stop light, and at least one reflector on the back. If your lights were out when the accident occurred – especially if it happened at night – the other driver will likely say they could not see you. Negligent drivers often use this excuse in rear-end collisions, so take pictures of your working lights at the accident scene if you were hit from behind.
Lastly, the type of handlebars your motorcycle was equipped with could be used as evidence against you if their height blocked your view. Under § 39:3-76.3, motorcycles with handlebar grips higher than the rider’s shoulder height when seated are illegal to operate on New Jersey’s roads. Unfortunately, many “choppers” are designed just this way, so make sure your handlebars are street-legal, or it could be used against you to lower your compensation.
What to Do When You Get Injured in a New Jersey Motorcycle Accident
After getting into a New Jersey motorcycle accident, you will want to contact our team immediately and get your case started. This is because the “statute of limitations” only gives you so much time to file a lawsuit. According to § 2A:14-2(a), it only allows victims two years from the date of their motorcycle accident to file their claim. This is not much time to interview you and other witnesses, collect medical records, and draft your complaint. The sooner your case is underway, the more evidence you will preserve for your case.
If time is running out to file your lawsuit, our team can determine if an exception can be made to stop the statute of limitations from tolling. For example, you could have been hit by a driver commuting through New Jersey from New York, Connecticut, or Pennsylvania. If the defendant does not live in New Jersey and you have not been able to serve them your lawsuit despite reasonable efforts, that time should not apply to your case, as per § 2A:14-22(a).
Our New Jersey Motorcycle Accident Attorneys Are Here to Help You
Contact Agrapidis & Maroules, P.C., by calling (201) 777-1111 for a free case assessment with our motorcycle accident lawyers.