What on Earth is a SMIDSY Crash?

SMIDSY is a motorcycle crash acronym that stands for sorry, mate, I didn’t see you. Another common acronym, TBFTL (turned but failed to look), doesn’t have the same je ne sais quoi. Additionally, the alternate acronym doesn’t capture the cavalier attitude that many tortfeasors (negligent drivers) have after left-turn motorcycle crashes.

Although tortfeasors don’t acknowledge it, motorcyclists have the same rights and privileges as other motorists. The same laws and rules protect everyone equally. If negligence, or a lack of care, causes injury, a Motorcycle Accident Attorneys Woodbridge, NJ can obtain substantial compensation for victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Motorcycle Crash Injuries

Four-wheel vehicle technology, especially safety technology, has advanced by leaps and bounds since the 1930s. But today’s motorcycles are much the same as the one Lawrenece of Arabia road when, in 1935, he was killed in a motorcycle crash. 

The events leading up to that crash are disputed to this day. But there’s no disputing the serious injuries Lawrence sustained in that wreck, including:

• Head Injury: Lawrence’s doctor said his head injuries were so severe that, had he recovered, “he would have regained only partial speech and eyesight.” When motorcycle crash victims fall off their bikes, their brains slam against the insides of their skulls. The resulting injuries, which are permanent, are hard for doctors to identify and treat.
• Broken Bones: Severe broken legs are especially common in left-turn motorcycle wrecks. Usually, the victim’s leg is pinned against an oncoming vehicle, at least for an instant. That momentary pressure generally crushes the bones in the leg. These injuries, like head injuries, are usually permanent. 
• Internal Injuries: The same forces that cause head injuries and broken bones also cause internal injuries. Excessive internal bleeding (exsanguination) is usually the official cause of death in fatal accident cases.

The average injury-related medical bill exceeds $40,000. Usually, a North Jersey personal injury lawyer connects victims with doctors who defer billing until the case ends. 

First Party Liability

Accident-related medical bills, like all other motorcycle accident-related bills, must be paid eventually. To secure compensation, a Central Jersey personal injury lawyer must normally prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

TBFTL is a traffic violation in New Jersey and most other states. If tortfeasors violate a traffic law and cause crashes, they could be liable for damages as a matter of law, if the negligence per se rule applies.

However, this rule rarely applies, even if the tortfeasor TBFTL’d. Most emergency responders don’t issue citations following motorcycle crashes, even if the victim was killed. Most police officers believe motorcycle wrecks are civil matters.

That’s okay, because the ordinary negligence doctrine is available in motorcycle wreck claims. This doctrine has four basic elements.

Most drivers have a duty of reasonable care. They must watch out for other vehicles, especially when turning left against traffic. Turning directly into the path of a motorcycle is a breach of the duty of reasonable care. Most drivers don’t see motorcycles because they aren’t looking, are speeding, or are impaired (drunk, stones, etc.). If a breach of duty causes injury, the victim is entitled to damages.

Understanding what on earth is a SMIDSY crash is important because many of these claims revolve around driver negligence and failure to see motorcycles.

Defenses in Motorcycle Crash Claims: What on Earth is a SMIDSY Crash

A bare-bones injury claim is a good start, but it’s only a good start, especially in motorcycle crash claims. Comparative fault and its legal cousin, last clear chance, may be the most common defenses in these claims.

Comparative fault shifts blame for a motorcycle crash from the tortfeasor to the victim. For example, an insurance company lawyer might argue that the victim’s excessive speed, as opposed to the tortfeasor’s illegal turn, substantially caused the what on earth is a SMIDSY crash.

If the judge allows the defense, and that’s a pretty big “if,” jurors must apportion responsibility according to the evidence.

New Jersey is a modified comparative fault state with a 51 percent threshold. Victims are entitled to proportional shares of compensation if tortfeasors were at least 51 percent responsible for motorcycle wrecks.

Last clear chance, a similar doctrine, is a complete defense that often applies in left-turn, rear-end, and head-on crashes.

Assume Tom the motorcycle rider approaches an intersection from the north at the same time Rachel is on the opposite side, waiting to turn left against traffic. If Rachel pulls out in front of Tom, the insurance company might argue that Tom had the last clear chance to avoid the wreck, and therefore he is legally responsible for damages.

However, there’s a big difference between the last clear chance and any possible chance. If Tom swerved to avoid Rachel, he probably would’ve lost control of his bike and caused an even worse collision than the one he may have avoided.
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Third Party Liability

Alcohol contributes to about a third of the fatal SMIDSY motorcycle crashes in New Jersey. These tortfeasors often obtained alcohol from a bar, restaurant, or other commercial provider. If that’s the case, New Jersey’s dram shop law (the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act) may apply. 

Like similar laws in other states, New Jersey’s dram shop law holds these businesses liable for damages if they serve alcohol to people who are one of the following:

• Visibly Intoxicated: Circumstantial evidence of intoxication at the time of sale includes physical symptoms, such as bloodshot eyes, and prior purchases at that establishment.
• Under 21: Strict liability usually applies to these sales. The old “s/he looked older” defense usually doesn’t hold up in court. In fact, if the customer produced a fake ID, the sale is probably illegal.

To prove motorcycle crash liability, a South Jersey personal injury lawyer must prove, by a preponderance of the evidence (more likely than not) that the illegal sale proximately caused the wreck.
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Additionally, and unlike other states, New Jersey’s social host liability law may apply if private individuals serve alcohol to visibly intoxicated guests who then cause injury, especially if the host knew that intoxicated person would be driving.

Other third party liability theories include respondeat superior employer liability (Uber drivers and truck drivers) and negligent entrustment owner liability (borrowed or rented vehicles).

Contact an Assertive Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer, contact CourtLaw. We do not charge upfront legal fees in these matters.