Will You Be Barred from Recovering Compensation for Your Injuries?
When you’re out on the road on a motorcycle, you generally have a lot more maneuverability than other motorists. When there’s a traffic jam, for example, you may be able to ride between the lanes to work your way out of a virtual parking lot. That’s commonly known as “lane splitting,” and while it’s not specifically prohibited in New Jersey, you may also be cited for doing it. What happens, then, if you’re in an accident while or immediately after you engage in lane splitting? Will you be prohibited from filing a personal injury lawsuit to cover your losses? Will it matter if you get a ticket for violating traffic laws?
Will Lane Splitting Automatically Keep You from Recovering Damages in a Personal Injury Lawsuit?
Your right to recover compensation after any type of accident will almost always be based on allegations of negligence. If you are seeking monetary damages for injury or loss suffered in a motorcycle accident, you’ll need to initially show that the defendant (person from whom you week compensation) was acting negligently at the time of the crash. What does that mean? It means that you have to prove, with evidence, that the defendant was not acting like a reasonable person would at the time.
Of course, even if you can show that the defendant was negligent, the defendant can introduce evidence of your negligence to counteract your claim. When both parties to an accident were careless, New Jersey follows the legal principle of comparative negligence. Under the doctrine of comparative negligence, any amount you are entitled to receive as the result of an accident will be reduced by your percentage or degree of liability. If you were primarily responsible for causing the accident, you won’t be able to recover anything.
Accordingly, if a jury determines that your lane splitting contributed to the cause of the accident, your damage award can be reduced or even wiped out.
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.
