I have recently been retained as a motorcycle attorney to represent several clients who operating sport bikes when their motorcycle accident occurred.
In each of these cases the potential speed of my clients has become a factor. In most of these cases the accidents have 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.
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 the defendants an argument that there was some contributory negligence on the motorcyclist. This argument does not carry as much weight when the clients of motorcycle accident lawyers are operating a “touring” style motorcycle however when operating sport bikes. Whether the allegation of excessive speed are true or not, it is much easier for the opposing counsel to argue that speed is a factor, given that most of these bikes look fast even when they are standing still.
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.
As a reminder, be careful out there. Most accidents are being caused by drivers simply pulling out from stop signs or making 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 moment’s notice.
If you would like additional information on speed related motorcycle accidents or other New Jersey motorcycle attorney topics, New Jersey motorcycle attorney Andrew S. Prince, Esq. can be reached at (800) TEAM-LAW or (800) 832-6529. Please feel free to call me. You could also email me. All of my contact information is listed below if you need me. There is never a charge for a legal consultation.
Andrew S. Prince, Esq.
136 Central Avenue
Clark, NJ 07066
1 (800) 832-6529
(732) 388-8711 — Fax
Additional Offices in New Jersey
Edison, East Brunswick, Jersey City,
Newark, Orange, Perth Amboy, Westfield
and West New York