The rules of the road for motorcycles are not complicated. Motorcycles are supposed to be treated as any other passenger vehicles and motorcycles are subject to the same laws, but for some reason other drivers do not always safely share the road with motorcycles. Motorcyclists are often unfairly judged as being dangerous risk takers, but when motorcycle accidents happen, it is more often the other driver who is at fault for the accident.
Lawrenceville motorcycle accident attorneys know that unfortunately for motorcyclists, when other negligent drivers cause an accident, motorcyclists usually sustain the worst of the injuries. Those injuries can result in massive medical bills and lost wages due to being unable to work. Motorcycle accidents are both physically and financially costly and insurance companies are often difficult to deal with when it comes to making compensation claims. For these reasons, it is important to have an experienced motorcycle accident attorney advocating for your recovery rights.
Common factors in motorcycle accidents
Motorcycle accidents have many different causes and scenarios, but factors that our motorcycle accident attorneys frequently see include the following:
- Drivers under the influence of alcohol or drugs
- Distracted driving
- Dangerous road conditions related to weather or road defects
- Automobiles striking motorcycles during a lane change or turning in front of motorcycles because drivers did not see motorcycles
- Automobiles following motorcycles too closely resulting in rear end accidents
- Aggressive driving behavior such as cutting motorcycles off or illegal passing
- Poor roadway lighting making it difficult for motorcyclists to see a safe distance in front of their bikes
- Motorcycle defects
Under New Jersey’s comparative negligence law, fault will be apportioned between drivers and even partially negligent motorcyclists are allowed to recover, so long as their portion of negligence is not greater than the defendant’s negligence. For example, if a motorcyclist was speeding when he or she was struck by an automobile running a red light, the motorcyclist may be apportioned some fault for speeding, but the majority of the fault will go to the driver who ran the red light.
When fault is apportioned, the motorcyclist’s recovery will be reduced by his or her share of fault. So if the motorcyclist’s fault is 10% and he or she is seeking a $100,000 recovery, that recovery will be reduced by 10% to $90,000.
After a motorcycle accident, insurance companies will be involved and they can make financial recovery difficult which is why, as previously mentioned, you need an experienced motorcycle accident attorney to advocate for a full and fair recovery in settlement negotiations. An attorney will look at the extent of your injuries and damages in order to appropriately value your claim. It may be necessary to hire a medical expert to review your medical records, conduct an independent medical examination, and offer expert testimony when needed.
Contact a Lawrenceville motorcycle accident attorney with The Law Offices of Greg Prosmushkin, P.C. to discuss your claim and financial recovery options which may include property damage, medical expenses, future medical expenses, lost wages, lost earning capacity, and pain and suffering.