Things that May Affect How Much You Can Recover
You’ve been involved in an accident while riding a motorcycle, either as the operator or a passenger. There’s clear evidence that another driver acted carelessly or negligently, contributing to the circumstances that led to the crash. You want to file a lawsuit to recover full and fair compensation for your losses, but you’ve never been involved in this type of matter and you’re not sure what to expect. What factors will have an impact on your right to recover, and on how much you can potentially recover?
The Concept of Comparative (or Shared) Liability
If the accident was caused entirely by the wrongful acts of other persons, this won’t have any effect on your case. A common strategy among defense attorneys, though, is to argue that you were at least partially liable for causing the accident. Perhaps another motorist ran through a red light or stop sign, but you were exceeding the speed limit at the time of the collision. Opposing counsel may argue that, had you not been speeding, the accident would not have occurred.
In New Jersey, such a circumstance is governed by the law of comparative liability. In such a situation, the court will first determine the full amount of your losses. Next, the court will establish the extent to which you were liable, typically stated as a percentage. For example, you may have $100,000 in losses and the court may find that you were 25% responsible for causing the accident. In such a case, your damage award would be reduced by 25% and you would receive $75,000 for your losses. It’s important to remember, though, that New Jersey’s “modified comparative negligence” approach will only allow you to receive compensation if you are less than 50% liable for the crash.
Other Factors that May Affect Your Recovery
The amount you receive in a verdict or settlement may also be affected by:
- The nature and severity of your injuries—Often, the more serious your injury, the more likely you’ll be able to settle for a fair amount, as defense attorneys won’t want to put your case before a sympathetic jury
- The types of insurance coverage available—In New Jersey, there’s a requirement for minimum coverage, but drivers can have varying levels of liability coverage
- Stereotypes about bikers—You’ll want an aggressive and knowledgeable attorney to counteract attempts to stereotype you in the minds of jurors
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
