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Motorcycle Accidents in New Jersey

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Can You Still Recover Damages If You Weren’t Wearing a Helmet?

Not Wearing a Seatbelt? Can You Still Sue for Injuries Suffered in a Car AccidentUnder New Jersey law, both motorcycle operators and passengers are required to wear an approved helmet when on the road. Does that mean that you can’t seek compensation for your injuries if you weren’t wearing a helmet at the time of a crash? Not necessarily. Here’s how it works.

With motorcycle accident injuries, as with personal injuries in general, almost all damage claims are based on a legal theory of negligence, which requires the injured person to show the following:

  • Another person failed to act as a reasonable person;
  • Their failure to act reasonably caused an accident; and
  • The accident resulted in injuries and losses.

Accordingly, if you are injured in a motorcycle accident because another motorist ran a red light or illegally turned into your right of way, you can file a lawsuit to recover compensation for lost wages, unreimbursed medical expenses, loss of companionship or consortium, loss of enjoyment of life, or physical pain and suffering. However, if you contributed to the factors that caused the accident, or if you did something that contributed to the extent of your injuries, the legal doctrine of comparative negligence applies.

Under the principle of comparative negligence, the court first determines the full amount of your losses, as well as the degree to which you contributed to them (typically stated as a percentage). For example, the court may find that you suffered $100,000 in damages, but that your failure to wear a helmet caused 25% of your injuries. The court then reduces your damage award by the percentage of your liability. In our example, you would recover $75,000 after the reduction. In NewJersey, as in many states, if you are more than 50% responsible for your losses, you may not recover anything.

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.

We handle all motor vehicle accident claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Minimizing the Risk of a Motorcycle Accident in 2020

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Steps You Can Take to Reduce the Risk of Injury

Minimizing the Risk of a Motorcycle Accident in 2020It’s nearly spring and, if you’re a motorcycle enthusiast, that means you’re probably starting to think about getting back on the road. It’s inherently dangerous to take a motorcycle on the roads—statistics show bikers are nearly 30 times more likely to suffer serious or fatal injuries compared to other motorists. But there are things you can do to minimize your risk of being in an accident.

  • Hone your riding skills—Even if you’re an experienced rider, it’s never a bad idea to take a safety course. It can help reinforce good riding habits and introduce you to new techniques that can increase safety.
  • Make certain you are visible—It’s usually the first comment from the driver of the other vehicle—”I didn’t see him.” Though there have been national campaigns to increase awareness of motorcycles on the roads, you still can’t expect other drivers to be looking for you. It’s your responsibility to take whatever measures you can to maximize your visibility. Wear bright clothing, use your turn signals, make certain brake lights and other vehicle lights are properly functioning, and stay out of other motorists’ blind spots.
  • Make certain your bike is functioning properly—Ideally, you should check the mechanical functions of your bike any time you ride. Make sure brakes, throttle, and lights work, and check tire pressure, horn, and mirrors.
  • Drive defensively—Often, the best strategy is to assume that other drivers are not aware of you. Proactively watch them, and be ready to take evasive measures, if necessary. If you maintain a safe distance behind the vehicle in front of you, you’ll have more time to take measures to avoid injury. Also keep an eye out for road hazards, including loose gravel, potholes, or water on the road.

Contact a Proven Personal Injury Accident Lawyer

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton but will visit you in your home or the hospital, if necessary.

We handle all motorcycle accident injury claims on a contingency basis. You won’t incur any attorney fees unless we get compensation for your injuries.

Can You Be Responsible for a Car Accident If You Weren’t in the Car?

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Car Accident If You Weren't in the CarAs a general rule, after a motor vehicle accident, the first thing the parties will do is look at the actions of all the drivers, so that fault can be determined. While the person actually driving the car may have taken the specific actions that caused the crash, there are instances where a third party (someone not even in the car) can be potentially liable for damages suffered by others.

When a Person Is Driving for Work

Under the legal doctrine of respondeat superior, there are situations where an employer can be held responsible for the wrongful acts of an employee. If the employee was performing regular duties in the course of employment when the accident occurred, the employer may have liability. If, on the other hand, the employee was engaged in a primarily or wholly personal activity during work hours, the employer may escape liability. For example, if an employer sends an employee to the store, to a restaurant or to meet with a client, an accident that occurs on the way there or back may result in legal responsibility for the employer. However, if the employer sends an employee to meet with a client and the employee diverts his or her path to get lunch, any accident occurring during that diversion will typically not result in liability for the employer.

When You Let Someone Else Drive Your Car

In some states, simply letting someone else drive your car imposes liability on you for any accidents they have. As a general rule, automobile insurance follows the car, not the driver. Your insurance will be required to pay for any damages caused by your car, regardless of who was driving.

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Social Host Liability in New Jersey

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motor vehicle accident

Summer’s over, but the holidays will be here before you know it. Every year, someone attends a private or work-sponsored holiday party, gets behind the wheel and gets in a motor vehicle accident. What are the responsibilities of social hosts—the persons throwing the parties—to anyone who might be injured in an accident involving an inebriated guest?

Social Host Defined

In New Jersey, as in other states, a “social host” is anyone who extended an express or implied invitation to another person to come to a party they were hosting, and who then provided alcoholic beverages to that person. If that person is visibly under the influence of alcohol when served, the person serving the alcohol can be liable for any injuries or property damage caused by the inebriated person. In addition, if you knowingly serve a person a quantity of alcohol that would reasonable be considered enough to impair that person, you can be responsible for any injuries or damage they cause, even if they were not visibly drunk when served.

In New Jersey, there is no requirement that the host actually serve the alcohol. In fact, a host may be fully liable even if the guest served himself or herself. It is important to note, though, that the host will not be held accountable for any injuries sustained by the drunken party guest, only to third parties.

Contact Attorney Howard D. Popper

To learn your options when you have suffered a personal injury, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Common Causes of Motorcycle Accidents

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Motorcycle that has been involved in an accident

It’s one of the enduring symbols of freedom in America—a motorcyclist, shades on, hair blown back, fully exposed to all nature has to offer. But with that freedom comes a price. A motorcyclist is more than 25 times more likely to be fatally injured in an accident than a person in a car.

Statistics show that bikers have five times the rate of injury as automobile operators. And in two out of every three accidents involving a motorcycle, the other driver caused the wreck. So how does it happen? How is it that motorcycles are involved in so many crashes?

Motorcycles Are More Greatly Affected by Road Hazards

Let’s face it…our roadways are almost always in need of repair. When you’re in a car or truck, hitting a pothole, slippery road, gravel or even railroad tracks will rarely cause you to lose control and have an accident. But on a motorcycle, those roadway defects can be extremely dangerous.

Other Motorists Pay Less Attention to Motorcycles

.Even though there have been national public service campaigns to heighten awareness of the presence of bikers on the roads, many drivers still plead that they “didn’t see” the motorcycle until it was too late. Estimates are that approximately three out of four car-motorcycle accidents are at intersections and that the bulk of those involve drivers who claim they never saw the motorcycle.

A Motorcycle Requires More Expertise to Safely Drive

A motor vehicle with four wheels can be far more forgiving to the operator than a motorcycle, offering much greater stability, and an extremely low risk of rolling over. With a motorcycle, anything that throws off your balance—the wind, a stone in the road, the draft from a passing vehicle—can send you into a spin and put you down on the road.

Some Bikes May Be Prone to “Speed Wobble”

With some motorcycles, if you travel at higher speeds, the bike can start to wobble. Typically, this is a manufacturing or design defect.

Contact Our Office

For a free initial consultation, contact attorney Howard D. Popper online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all personal injury claims on a contingency basis. We won’t charge attorney fees unless we recover compensation for your losses.

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