There's a persistent bias against motorcycle riders. Some jurors, some insurance adjusters, and even some judges carry an assumption that motorcyclists are reckless. When a crash happens, the first instinct for the other side is often to blame the rider.
This bias is not grounded in the data. According to the National Highway Traffic Safety Administration, in two-vehicle crashes involving a motorcycle and another vehicle, the other vehicle's driver violates the motorcycle's right of way about two thirds of the time. Left turn accidents are especially common.
Helmet Law and Its Effect on Claims
New Jersey requires all motorcycle riders to wear helmets. If you weren't wearing one, the defense will argue your head injuries would have been less severe. This doesn't eliminate your claim, but it can reduce your recovery through comparative negligence arguments.
Common Injuries
Road rash, broken bones, ligament tears, traumatic brain injuries even with a helmet, and spinal injuries. Motorcycle crash victims frequently face longer recovery periods and higher medical bills than car accident victims with similar crash dynamics.
Building a Strong Case
Accident reconstruction experts are particularly valuable in motorcycle cases. When we combine reconstruction data with traffic camera footage and witness accounts, we can build a factual narrative that overcomes the "reckless biker" stereotype. Understanding what damages you can pursue is the next step.