Who Is Responsible? What If You Were Partially At Fault?
E-bikes have taken the nation by storm, with sales quadrupling over the last four years. They offer an affordable and easy way to get around. In addition, because most e-bikes become motorized only when you pedal, they can be a less strenuous form of exercise. But, like bicycles and motorcycles, they are often ignored by careless or distracted motorists. When you have been hurt while riding an e-bike, you have the right to seek full and fair compensation from any individual or entity that negligently caused the accident.
How Do You Determine Who Is Responsible?
Most personal injury claims are based on a legal theory of negligence. In essence, negligence means that someone failed to act reasonably under the circumstances. In addition, for you to succeed on a claim of negligence, that failure to act reasonably must have caused the accident in which you were injured.
Accordingly, when you’ve been hurt in an accident, including an e-bike mishap, you need to gather all the facts to determine who was involved, whether they behaved as a reasonable person would, and whether their carelessness led to the accident and your losses.
In an e-bike accident, there can be a number of potentially responsible parties, including:
- Another motorist, who either collided with you or caused you to lose control of the bike
- The manufacturer of the e-bike, if a design or manufacturing defect caused the bike to break down, leading to your accident
- A municipality, if a pothole or other roadway defect caused the accident
- A bar, tavern, or restaurant owner, if you were hurt by a drunk driver served at one of those establishments
What If You Were Partially Responsible?
Many motor vehicle accidents involve fault by more than one party. You may have been speeding, but another motorist ran a red light and hit you. In New Jersey, when that happens, the legal principle of comparative negligence applies. The court will determine both the full extent of your losses and the degree to which you were responsible. Your damage award will be reduced by your percentage of liability. Because New Jersey follows the rule of modified comparative negligence, you only be able to recover compensation only if you were less than 50% responsible for causing the accident.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.