NJ Motorcycle Accident Compensation and Comparative Negligence

In a motorcycle accident compensation lawsuit, determination of which party is at fault for the accident is the key to the outcome.

motorcycle accident compensation New Jersey attorneyIf you are injured as a result of a motorcycle accident, your New Jersey motorcycle accident lawyer will present your case and arguments, and the judge and/or jury will make decisions about who was responsible for causing the damage.

Comparative negligence is a legal concept that is used in a motorcycle accident compensation lawsuit when fault is determined to be split among the parties. An example would be where the plaintiff is 35% at fault and the defendant is 65% at fault.

In this case the plaintiffs potential share of the damage settlement would be reduced from 100% because they caused 35% of the damage.

Comparative Negligence History

Contributory negligence was the preceding legal concept, which stated that if someone was even partially at fault, even if it was only a small percentage, they would not be entitled to any compensation. Comparative negligence was later developed to make a partial fault situation more equitable to the parties involved.

Contributory negligence is still used in some states, while others have adopted some form of comparative negligence. Comparative is still the law in Maryland.

“Pure” comparative negligence means that whatever percentage of fault is determined, is the amount that can be recovered.

If you were 80% to blame you could still recover 20% damages.

What is the Law in New Jersey?

New Jersey statute 2A:15-5.2 stipulates a version of comparative negligence where an individual’s fault for the accident cannot be more than the individual from whom damages are sought.

Recovery of motorcycle accident compensation is permitted when each person in a two vehicle accident is 50% at fault, but not if you are more at fault than the other person. In other words, if you caused half of the accident or less, then you can recover motorcycle accident compensation.

I am Lee D. Gaber, Esquire, an expert New Jersey motorcycle accident attorney who will guide you through any type of motorcycle accident lawsuit or negotiation.

I will handle all the intricacies of your case, so that you can obtain compensation for your injuries, put your mind at ease, and return to your normal life quickly.

I can be reached at 1-888-292-5352 (1-888-CYCLE-LAW) . The consultation is completely free and you don’t pay anything unless a motorcycle accident settlement is obtained for you.