A SMIDSY Crash in NJ refers to a common motorcycle accident that occurs when a driver says, “Sorry, mate, I didn’t see you.” These crashes typically happen when another motorist makes a left turn in front of a motorcycle, failing to recognize the rider’s right-of-way. Known legally as TBFTL (Turned But Failed To Look), SMIDSY crashes often result in severe injuries due to the vulnerability of motorcyclists.
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Despite their denials, negligent drivers (tortfeasors) must follow the same laws that protect everyone on the road. When negligence causes a SMIDSY crash in NJ, injured motorcyclists have the right to pursue compensation with the help of experienced motorcycle accident attorneys in New Jersey.
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Common Injuries in a SMIDSY Crash in NJ
Motorcyclists lack the protective framework of passenger vehicles. As a result, SMIDSY crashes frequently lead to catastrophic injuries such as:
- Head Trauma: When a rider is thrown from their bike, their brain can violently impact the inside of their skull, resulting in permanent damage that’s difficult to diagnose and treat.
- Fractured Limbs: A rider’s leg pinned between the bike and an oncoming car during a SMIDSY crash is a common cause of compound fractures.
- Internal Bleeding: Internal injuries from blunt-force trauma are especially dangerous because they’re hard to detect and can quickly become fatal without rapid intervention.
Many victims accumulate over $40,000 in medical bills. Fortunately, a North Jersey motorcycle injury lawyer can connect victims with physicians who work on a lien basis—deferring payment until after the case settles.
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Proving Liability in a SMIDSY Crash in NJ
New Jersey law allows injured riders to recover damages if the other driver violated traffic laws or failed to use reasonable care. Turning left into a motorcycle’s path without proper caution is a breach of that duty.
Police often don’t issue citations after motorcycle accidents, which means lawyers must rely on the ordinary negligence standard. This includes proving:
- Duty of care
- Breach of duty
- Causation
- Damages
A SMIDSY crash in NJ is often supported by witness testimony, medical reports, traffic camera footage, and accident reconstructions. Even without a traffic citation, a skilled attorney can demonstrate fault using the available evidence.
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Legal Defenses in Motorcycle Crash Cases
Insurance companies frequently raise defenses like comparative fault, claiming the rider was speeding or reckless. Under New Jersey’s 51% modified comparative fault rule, a motorcyclist can still recover damages if they are less than 51% at fault.
Another defense is last clear chance, arguing that the rider could have avoided the crash. However, this doesn’t apply if swerving would have caused a worse accident, which is often the case.
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Third-Party Liability in SMIDSY Crashes
Alcohol is a factor in roughly a third of fatal motorcycle crashes. If a driver in a SMIDSY crash in NJ was overserved alcohol at a bar or restaurant, dram shop laws may apply, holding those establishments accountable.
Liability can also extend to social hosts who knowingly serve intoxicated guests. In some cases, employers may be responsible under respondeat superior if the negligent driver was working at the time of the crash.
Have you been in a SMIDSY Crash in NJ? Tell CourtLaw NJ Personal Injury Lawyers what happened.
Get Legal Help After a SMIDSY Crash in NJ
A SMIDSY crash in NJ can leave victims with lifelong injuries, financial hardship, and emotional trauma. Don’t face insurance companies or legal defenses alone. Contact a New Jersey motorcycle accident lawyer to explore your legal options and fight for the compensation you deserve.
Have you been in a SMIDSY Crash in NJ? Tell CourtLaw NJ Personal Injury Lawyers what happened.
Injury victims are entitled to significant compensation. For a free consultation with an experienced NJ personal injury lawyer, contact CourtLaw. Tell us what happened. We do not charge upfront legal fees in these matters.
Did you or a loved one sustain serious injuries due to a motorcycle accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing.
Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled injury attorneys at CourtLaw NJ Personal Injury Lawyers represent clients injured in accidents in Perth Amboy, Jersey City, New Brunswick, Roselle, East Orange, and throughout New Jersey. Call 732-442-5900 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 163 Market Street, Perth Amboy, NJ 08861 as well as offices in Jersey City, New Brunswick, Roselle, and East Orange.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
