Few experiences deliver feelings of thrill and freedom like riding a motorcycle does. But, when you’re sharing the road with others, it’s important to maintain a keen sense of awareness and alertness. In the unfortunate event that you are involved in a roadway incident, there can be gray areas in terms of who is at fault. An experienced NJ motorcycle attorney such as Brad Tabakin can help you sort through the details of your case to reach clarity and decide how it is in your best interest to proceed.
Who Is At Fault for My Motorcycle Accident?
Laws are in place in New Jersey that are designed to keep both drivers and bikers safe. Failure to follow these rules can have severe consequences, including bodily injury. As compared to car and truck drivers and passengers, motorcyclists are more susceptible to getting seriously injured because they have less protection.
So, who is at fault when an accident occurs? There are a variety of factors which will need to be taken into account to determine this. In New Jersey, there is something called a modified comparative negligence law, which in essence means that a motorist can seek compensation for damages so long as they are not more than 50% at fault for the incident. Common causes of car-motorcycle collisions include:
- Driving or riding under the influence of drugs or alcohol
- Speeding
- Distracted, aggressive or reckless driving/riding
- Failure to keep up with vehicle maintenance
In some cases, a third party such as a government entity or motorcycle manufacturer may be held liable for contributing factors like poor road design or bike defects, respectively. The matter of what led to an accident is rarely cut and dry, which is one of many reasons why it’s beneficial to partner with a knowledgeable and experienced NJ motorcycle attorney.
Gain Clarity Regarding Your Case & Next Steps
As the founder of the Facebook community Bikers Have Rights, Brad Tabakin is dedicated to educating and empowering injured motorcyclists in New Jersey and Pennsylvania. He leverages his years of legal experience along with his personal knowledge of motorcycles to deliver effective, personalized representation.
Whether you are partially at fault or another party can be deemed fully responsible on the grounds of negligence, Brad is here to help you devise a strategy to win compensation for the losses you’ve incurred. To request a free case evaluation from this experienced NJ motorcycle attorney, call 215-402-7715.