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Was motorcycle driver guilty of negligence in accident?

Many New Jersey riders would agree that operating a motorcycle requires special skills beyond those needed to drive a car. If an individual is not familiar with what it takes to control a motorcycle, yet rides one anyway, it could put everyone on the roadway in danger. If an accident occurs that is the rider's fault, it could be considered negligence.

Police recently responded to a single-vehicle accident involving a motorcycle. The 22-year-old man operating it does not have a motorcycle license, which is required by New Jersey law. In addition, officers believe he was driving under the influence of alcohol at the time as well.

When he lost control of the motorcycle, it slammed into a concrete barrier. His passenger, a 39-year-old woman, suffered severe injuries and was rushed to a hospital in the area. Sadly, medical personnel were unable to save her life.

The driver also suffered injuries and remained hospitalized at last report. He is also officially in police custody and will remain so even after he is released from the hospital. His bail was set at $150,000, and if he is unable to make bail after leaving the hospital, he will be taken to jail to await further court hearings.

While the criminal case against him progresses, the family of the victim may file a wrongful death claim as well. If a civil court is convinced that the motorcycle driver's negligence led to the death of their loved one, the family could receive a judgment for monetary damages. Any restitution received could help relieve the unexpected impact the victim's death put on her family financially.

Source: wfmz.com, "Driver in fatal motorcycle crash now facing new charges", May 14, 2015

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