Published on behalf of Car and motorcycle accidents often result in serious injuries. Motorcycle accidents are especially notorious due to the risk and severity of the injuries. In situations where a rider is thrown from his or her bike, the injuries are often fatal. If not fatal, spinal and head injuries are common.
Not every car or motorcycle accident will result in a viable lawsuit. Under tort and negligence laws of Pennsylvania and New Jersey, a person or business may be liable for committing an act of negligence. In other words, in order to be able to bring a car or motorcycle accident lawsuit, another driver must be at fault for having caused the accident.
Fault in a car or motorcycle accident situation is usually clear. For instance, in most cases, a driver will be liable for running a red light and striking a car or motorcycle. However, fault is not always clear.
Some accidents occur due to the fault of both parties to the accident. In other words, the car/motorcycle rider and the other driver will share fault. Many people who get into accidents want to know whether they can bring a claim despite sharing at least some fault for the accident.
In Pennsylvania and New Jersey, liability for an accident is apportioned among the parties. Therefore, even if a plaintiff bears some portion of fault for causing the accident, he or she may still be able to bring a claim. Negligence laws take into account that an accident may be the fault of both parties, the plaintiff and the defendant(s). However in order to be able to win, the plaintiff’s fault cannot be over 50%.
For example, if a motorcycle rider was speeding and the other driver entered an intersection when it was unsafe to do so, both parties may be at fault for the accident. The motorcycle rider may be able to recover if and only if his or her percentage or portion of fault is less than 50%. If more than 50%, the rider would not be allowed to recover.
Related Legal Articles:
- Three Common Motorcycle Accident Scenarios
- Investigating Pennsylvania Motorcycle Accident Cases for Liability Beyond the Other Driver
Pennsylvania & New Jersey Car & Motorcycle Accident Lawyers
For more information, contact our Pennsylvania and New Jersey car and motorcycle accident lawyers at 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.
The lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.