Motorcycle crashes often result in serious, life-altering injuries and overwhelming medical bills. For injured motorcyclists, determining who is at fault is critical to successfully pursuing compensation for their losses. But in New Jersey, where liability laws can be complex, fault isn’t always easy to prove.
At the Law Offices of David J. Karbasian, PC, we help riders navigate this legal process and fight back against insurance companies trying to shift the blame.
Common Causes of Motorcycle Accidents
Motorcyclists are vulnerable on New Jersey roads due to their smaller size and limited protection. Many crashes occur because of:
- Drivers failing to yield when turning left
- Unsafe lane changes by motorists
- Speeding and aggressive driving
- Distracted or impaired driving
- Poorly maintained roads or weather conditions
How New Jersey Determines Fault
Fault in a motorcycle crash usually stems from negligence, which is when one of the parties to an accident fails to take reasonable steps to prevent harm. When another person’s negligence leads to a crash, that person can be held liable for any injuries caused.
New Jersey follows the legal principle of modified comparative negligence. Under this approach:
- Your financial recovery may be adjusted according to your level of responsibility for causing the accident.
- You may not receive any compensation if your degree of fault is more than 50%.
For example, if you’re deemed 20% at fault, any jury award would be reduced by that same percentage. This rule makes it vital to build a strong, evidence-backed case that minimizes your share of fault.
Who May Be Liable in a Motorcycle Crash?
More than one party may be responsible for a motorcycle accident. Potentially liable parties include:
- Negligent drivers who caused the crash
- Government agencies responsible for road maintenance
- Motorcycle or vehicle manufacturers in cases involving mechanical failure
- Commercial vehicle drivers and their employers
- In rare cases, the motorcyclist may share responsibility
Evidence That Helps Prove Fault
To support your case, certain types of evidence are particularly helpful:
- Police reports documenting the accident scene and officer observations
- Photos and videos showing vehicle damage, road conditions, and injuries
- Eyewitness statements that support your account of the accident
- Medical records that verify the extent of your injuries and when they occurred
- Expert witness testimony, such as accident reconstruction reports
How Karbasian Law Can Help
At the Law Offices of David J. Karbasian, PC, we understand the challenges injured riders face. We take immediate action to:
- Investigate the cause of your accident
- Collect vital evidence
- Communicate directly with insurance companies to protect you from lowball offers or unfair allegations of blame
- Pursue full and fair compensation for your losses, including lost income or wages, unreimbursed medical costs, physical and emotional pain and suffering, loss of enjoyment of life, loss of companionship or consortium, and loss or damage to personal property
- Litigate aggressively when insurers fail to offer fair compensation
Read Also: Tips for Having a Safe Summer on Your Motorcycle
Contact the Law Offices of David J. Karbasian, PC
If you’ve been injured in a motorcycle accident, don’t wait to protect your rights. Send us an email today, or call us at 856-600-HURT to schedule an appointment to discuss your motorcycle injury claim. Evening and weekend consultations are available upon request. We can also meet with you at your home or the hospital if necessary.
We handle all motorcycle accident cases—and other personal injury claims—on a contingent fee basis. That means you won’t pay any legal fees unless we recover financial compensation for the losses you incurred.
