I have recently been retained as a motorcycle accident attorney to represent several clients who were operating sport bikes when their motorcycle accident occurred.
In each of these cases the speed of my client has become a factor as there has either been witnesses or some physical evidence leading to allegations of excessive speed being made against my clients. In most of these cases, the accident has taken place on smaller streets where the posted speed limit tends to be lower than on rural roads or the highways. Although many of these areas are sparsely populated, the speed limits remain low, however, the temptation to drive over the speed limit is high.
Speed and Contributory Negligence
In each case the other vehicle had either a stop sign or was pulling out from a driveway and clearly has the majority of fault. However, if there is evidence of speeding by the operator of the motorcycle, it gives defendants the argument that there was some contributory negligence on the motorcyclist. This argument does not carry as much weight when the clients are operating a “touring” style motorcycle, as compared to operating a sports bike.
The point that I am making is, although the vehicle exiting a driveway or pulling away from a stop sign has the duty to make sure it is clear and safe to proceed, if excessive speed is evidenced by either witness testimony or unusually long skid marks it gives the other side an argument against accepting full responsibility for the motorcycle accident claim.
Motorcycle Accidents More Prevalent?
As a reminder, be careful out there. Most accidents of which are being caused by drivers simply pulling out from stop signs or make left turns right in front of my clients.
Never assume that a driver sees you coming. Always slow down at these intersections and keep your eyes on the car itself and be prepared to take evasive action at a moments notice.
If you would like additional information on speed related motorcycle accidents or other New Jersey motorcycle accident attorney topics, please call Andrew S. Prince, Esq. at (800) TEAM-LAW or (800) 832-6529 for help from New Jersey motorcycle attorney who understands your needs and lifestyle.
Andrew S. Prince, Esq., Aprince@teamlaw.com
136 Central Avenue
Clark, NJ 07066
1 (800) 832-6529
(732) 388-8711 — Fax
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