Determining negligence is a key factor when determining fault in motorcycle accidents

While many aspects of motorcycle accidents are the same as with car accidents, there are some notable differences that are best sorted out by an experienced motorcycle accident lawyer.

Because there are added risks in riding a motorcycle that include things such as less stability, less protection between the rider and the road, more vulnerability to road hazards and other drivers, and a required increase in skill when riding a motorcycle, legal issues in an accident require specialized knowledge and experience.

Motorcycle accident lawyers in Newark, Hackensack and in other communities in New Jersey know that liability in a vast majority of motorcycle accidents is governed by the law of negligence.  In legal terms, this means that one driver breached his duty of care to the other driver.

Negligence takes place when another driver behaves in a thoughtless or careless manner that causes injury or death to another person.  Because of the vulnerability that is posed by riding a motorcycle, the standard of negligence changes and requires other drivers to be more vigilant than when dealing with automobiles.

To win a claim based on negligence, a plaintiff must prove four things:

  • The law required the defendant to be reasonably careful while driving. This element is generally a “given.”
  • The defendant was not careful at the time of the accident. Under the law, their behavior is compared to that of a “reasonable person.”
  • The defendant’s actions caused injuries to the rider.
  • The plaintiff suffered losses due to the defendant’s actions.

A judge and jury will look at several pieces of evidence in determining if negligence has been committed.  That evidence may include a police report, witnesses, the rider’s helmet, photographs, surveillance cameras, debris, and medical records among other things.  It’s best to get as much documentation as soon as possible to help with a claim going forward.

Garces, Grabler & LeBrocq is a full service New Jersey law firm with offices in Elizabeth, Freehold, Hackensack, Newark, New Brunswick, Perth Amboy, Plainfield and Trenton.

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