In the intricate world of legal cases surrounding motorcycle accidents, one principle often emerges front and center in New Jersey: comparative negligence. This legal doctrine plays a pivotal role in determining compensation for victims, especially if they had a part in the causation of the accident. Let’s delve into how New Jersey’s comparative negligence laws can shape the outcome for motorcycle accident victims.
1. What is Comparative Negligence?
Comparative negligence, also known as “fault-based,” is a system that apportions blame for an accident between the involved parties. Rather than labeling one party entirely at fault, it recognizes that multiple parties, including the victim, might share varying degrees of responsibility.
2. New Jersey’s Modified Comparative Negligence
New Jersey adopts a “modified” comparative negligence approach. The critical point to understand here is the 51% rule:
- If a motorcycle accident victim is found to be more than 50% at fault for the accident, they are barred from recovering any compensation.
- However, if they’re deemed 50% at fault or less, they can recover damages, but their compensation will be reduced by their percentage of fault.
3. How Does it Work in Practice?
Let’s elucidate with an example:
Suppose a motorcyclist, while speeding, is hit by a car that ran a red light. After evaluating the case, the court determines that the motorcyclist was 20% at fault (due to speeding) while the car driver was 80% at fault (for ignoring the traffic signal).
If the motorcyclist’s damages (medical bills, lost wages, etc.) amount to $100,000, they would only be entitled to 80% of that amount, or $80,000, due to their 20% fault in the accident.
4. Implications for Motorcycle Accident Victims
a. Proving Lesser Fault is Crucial: Given the modified approach, motorcycle accident victims and their attorneys should be geared towards proving that their fault is 50% or less to ensure they’re eligible for compensation.
b. Comprehensive Evidence is Key: Since the degree of fault directly impacts compensation, it’s vital to gather thorough evidence. This can include photographs, eyewitness accounts, police reports, and expert testimonials.
c. Insurance Company Tactics: Aware of the comparative negligence rules, insurance adjusters might try to pin a higher degree of blame on motorcycle accident victims to reduce the claim amount. Being prepared for this tactic is essential during negotiations.
5. Consult with a Knowledgeable Attorney
Given the complexities of comparative negligence:
- Seek Expertise: An attorney well-versed in New Jersey’s negligence laws can guide victims on the best strategies to minimize their fault percentage.
- Early Intervention: Engaging an attorney promptly after the accident can ensure evidence is preserved, strengthening the victim’s position.
Comparative negligence fundamentally shifts the landscape of motorcycle accident claims in New Jersey. It underscores the fact that fault isn’t always black and white. For motorcycle accident victims, understanding this doctrine is pivotal. While accidents are traumatic, being equipped with knowledge and seeking the right legal counsel ensures that the road to justice and compensation is navigated with clarity and confidence.
Contact us
If you have any questions about this article or if you’ve been injured in a motorcycle accident and want to discuss your case, contact us. The attorneys are Morris, Downing & Sherred are here to help. Call (973) 383-2700 for a free, confidential, no-obligation consultation. Our offices are conveniently located in Newton, New Jersey
