Left-Turn Motorcycle Accidents in New Jersey: Establishing Driver Negligence
A driver waiting to turn left may see an approaching motorcycle and believe there is enough time to cross the intersection. When that judgment is wrong, the motorcyclist may have only seconds to react. The impact can cause serious injuries, leaving the rider facing a difficult recovery while questions arise about why the driver proceeded with the turn.
Left-turn motorcycle accidents often lead to disputes over who had the right of way and whether the driver should have waited for approaching traffic to pass. When a driver or insurance company disputes responsibility, an experienced South Jersey motorcycle accident lawyer can challenge claims that the motorcyclist caused the collision and protect the rider’s interests when fault is contested.
New Jersey’s Left-Turn Right-of-Way Law
Under N.J.S.A. 39:4-90, drivers turning left at an intersection must yield to approaching vehicles that are already within the intersection or close enough to present an immediate hazard. This includes motorcycles, even when a driver believes there is enough time to complete the turn.
A driver who begins turning before a motorcycle reaches the intersection does not automatically have the right of way. The motorcycle’s distance from the intersection and the timing of the turn help establish whether the driver should have waited. New Jersey law also allows a driver who has properly yielded and signaled to complete the turn, at which point approaching motorists must yield to that lawful turn.
Traffic signals can further affect who has the right of way. A driver facing a steady green light generally must yield to oncoming traffic before turning left, while a protected green arrow permits the turn subject to applicable traffic rules and conditions. The signal displayed when the driver entered the intersection can become especially important when both the driver and motorcyclist believe they had the right of way.
Why Drivers Misjudge Approaching Motorcycles
Motorcycles are smaller than passenger vehicles, making their distance and approach speed more difficult for some drivers to assess. A driver may recognize an approaching motorcycle but incorrectly believe there is enough time to complete a left turn before it reaches the intersection.
Other collisions occur because the driver fails to notice the motorcycle altogether. A brief glance toward oncoming traffic may not reveal a rider approaching near larger vehicles or against a visually complicated background. Sun glare, obstructed sightlines, and heavy traffic can further interfere with a driver’s ability to judge when it is safe to turn.
Busy South Jersey roads, including Route 70, Route 73, and Route 130, contain intersections and commercial entrances where drivers frequently turn across opposing lanes. Multiple travel lanes, traffic signals, and nearby obstructions can leave little room for error when a motorist misjudges an approaching motorcycle.
When a Left-Turn Collision Indicates Driver Negligence
A driver may cause a left-turn motorcycle accident by looking away from the road, misjudging a gap in traffic, or beginning a turn without checking whether the opposing lanes are clear. Distractions inside the vehicle, including cellphone use or attention to a navigation system, can make an already dangerous turning decision even more hazardous.
In some motorcycle crashes, the driver has an unobstructed view of the motorcycle but turns anyway. In others, the driver may be watching vehicles in one lane while overlooking a motorcycle approaching in another. A motorist who focuses on finding an opening in traffic without accounting for every approaching lane can place a rider directly in the vehicle’s path.
The driver’s actions after beginning the turn can also matter. A motorist who hesitates or stops partway across the opposing lane may leave a motorcycle with nowhere to go, even when the rider brakes or attempts to steer away. When a collision follows an unsafe turn, the driver’s attention, judgment, and control of the vehicle can all contribute to establishing negligence.
Evidence That Can Establish How the Collision Happened
The moments before a left-turn motorcycle accident can be difficult to reconstruct when the driver and rider disagree about what happened. Surveillance footage from nearby businesses, dashcam recordings, and witness accounts may show when the driver began turning, where the motorcycle was positioned, and what the traffic signal displayed.
The location of the impact can also help explain how the vehicles collided. Damage to the motorcycle and passenger vehicle, debris patterns, roadway markings, and their final positions may provide information missing from the police report. When questions remain about speed or timing, accident reconstruction specialists may use these details alongside video recordings and roadway measurements.
Some of the most useful evidence can disappear quickly. Businesses may overwrite surveillance recordings, damaged vehicles may be repaired or destroyed, and roadway conditions can change. Preserving footage and physical evidence early can help establish what occurred before competing accounts become the primary basis for deciding responsibility.
When the Driver Claims the Motorcyclist Was Speeding
A driver who turns in front of a motorcycle may later claim that the rider was speeding or appeared suddenly. Insurance companies sometimes rely on these allegations to argue that the driver could not reasonably anticipate the motorcycle’s arrival.
Estimating a motorcycle’s speed from a brief visual observation can be unreliable, particularly when the driver is simultaneously evaluating other traffic. A statement that the rider was traveling too fast does not establish the motorcycle’s actual speed or demonstrate that speeding contributed to the collision.
Even when a motorcyclist was traveling above the posted speed limit, that does not automatically excuse the driver’s decision to turn. The rider’s speed may have contributed to the crash, or the driver may have entered the opposing lane when there was already too little room to cross safely. A claim that the motorcycle appeared suddenly must be considered alongside the timing of the turn and the rider’s actual approach.
How Comparative Negligence Affects Motorcycle Accident Claims
A driver who turns left in front of a motorcycle may argue that the rider shares responsibility for the collision. Under New Jersey’s comparative negligence law, N.J.S.A. 2A:15-5.1, a motorcyclist can still recover compensation when partly at fault, provided the rider’s share of negligence is not greater than the combined negligence of the defendants from whom recovery is sought.
The rider’s compensation is reduced by their percentage of responsibility. If a motorcyclist has $100,000 in recoverable damages but is found 20% at fault, the award would generally be reduced to $80,000. In a case involving one negligent driver, a rider who is more than 50% responsible cannot recover damages from that driver.
An insurance company may attempt to assign part of the blame to a rider based on allegations of speeding or unsafe riding. Such allegations can affect the compensation available, but assumptions about how motorcyclists typically ride are no substitute for evidence of the rider’s conduct before the collision.
The Physical and Financial Consequences of a Serious Motorcycle Crash
When a passenger vehicle strikes a motorcycle during a left turn, the rider may collide directly with the vehicle or be thrown onto the pavement. Fractures, traumatic brain injuries, spinal cord injuries, and severe damage to the shoulders, legs, or pelvis can require extensive treatment and lengthy rehabilitation.
Recovery may involve multiple surgeries, physical therapy, mobility limitations, and time away from employment. For riders who perform physically demanding work, even an injury that eventually heals can interrupt their ability to earn a living for months. Permanent injuries may require changes to employment, transportation, and daily routines.
A personal injury claim may include medical expenses, lost wages, reduced future earning capacity, pain and suffering, and other legally recoverable losses. Medical records, employment information, and treatment recommendations can help document both the immediate consequences of the crash and the care that may be needed in the years ahead.
Why Motorcycle Insurance Claims Differ From Car Accident Claims
Unlike standard private passenger automobile policies, New Jersey motorcycle insurance policies generally are not required to include personal injury protection (PIP) benefits. A motorcyclist injured in a left-turn collision cannot assume that the same medical expense coverage commonly available after a passenger-car accident will apply.
Health insurance may cover some treatment costs, while other applicable policies or a claim against the negligent driver may provide additional avenues for recovering losses. The available benefits depend on the rider’s circumstances and the terms of the insurance policies involved. Uninsured or underinsured motorist protection may also become relevant when the responsible driver lacks insurance or sufficient liability coverage.
Speaking with a motorcycle accident lawyer in South Jersey can help address the financial consequences of disputed liability or insufficient insurance coverage, particularly when medical expenses continue to grow during recovery.
Contact Monaco Law About a Motorcycle Accident
If a driver turned left across the path of your motorcycle, you may be dealing with serious injuries while the driver or insurance company attempts to dispute responsibility. Medical treatment, missed work, and uncertainty about your recovery can make an already difficult situation even more stressful.
Monaco Law PC represents injured motorcyclists throughout Camden, Burlington, Gloucester, and surrounding South Jersey counties. With more than 35 years of trial experience, attorney Joseph Monaco provides dedicated representation to riders facing serious injuries and contested insurance claims. Contact Monaco Law PC to speak with an experienced South Jersey motorcycle accident lawyer and learn how we can pursue the financial recovery you deserve after a serious collision.
Source:
- New Jersey Legislature — N.J.S.A. 39:4-90, Right of Way at Intersections. https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/32680/33632
- New Jersey Legislature — N.J.S.A. 2A:15-5.1, Contributory Negligence; Comparative Negligence to Determine Damages. https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/352
- New Jersey Department of Banking and Insurance — Final Agency Decision, Order A14-119, discussing motorcycle insurance and PIP coverage. https://www.nj.gov/dobi/orders/a14_119.pdf
- New Jersey Department of Banking and Insurance — Bulletin No. 18-01, Autocycle Insurance and Personal Injury Protection Coverage Requirements. https://www.nj.gov/dobi/bulletins/blt18_01.pdf
