New Jersey Bicycle Accident Attorneys

Protecting Your Rights After a Bicycle Accident 

Bicycle accidents have a much higher incidence of severe injury and death per accident than car accidents. Some studies have found that people involved in bicycle accidents are three times more likely to be injured and 14 times more likely to be killed than occupants of motor vehicles. While helmet laws, enacted in many states, are helping to reduce these numbers, bicyclists are still at greater risk of catastrophic injury or death when they are involved in bicycle-vehicle collisions.

If you were injured or if someone you love tragically passed away after being struck by a careless or reckless motorist, reach out to our team at The Law Offices Of James C. DeZao, P.A. With over 150 years of combined experience and hundreds of millions of dollars in compensation recovered, our attorneys have what it takes to advocate for you effectively. We are committed to securing the fair compensation you are owed and the justice you deserve.

Call The Law Offices Of James C. DeZao today at (973) 358-6134 or contact us online to schedule a meeting with our bicycle accident attorney in New Jersey!

Common Causes of Bicycle Accidents 

Unfortunately, you cannot always avoid an accident or be as safe as possible. Most bike accidents occur not due to the cyclist’s error or negligence but motor vehicle drivers' careless or reckless conduct.

Specifically, some of the most common causes of bicycle accidents include:

• Distracted driving, including texting while driving
• Drunk driving/driving under the influence of alcohol or drugs
• Speeding, including driving too fast for current conditions
• Failing to yield the right of way to bicyclists
• Failing to check for bicyclists in vehicle blind spots
• Passing or following a bicyclist too closely
• Running red lights, stop signs, and other traffic control devices
• Reckless and/or aggressive driving, including road rage
• Driving, stopping, or parking in designated bicycle lanes
• Failing to leave adequate room when overtaking a cyclist
• Turning, passing, or changing lanes unsafely or unlawfully

Sometimes, outside factors can contribute to or cause a bicycle crash. Poorly maintained roadways, defective design, and roadway hazards can all lead to severe accidents.

Common Types of Bicycle Accident Injuries

Even when bicycle accidents are not fatal, victims tend to sustain severe, life-altering injuries.

Some examples of common injuries resulting from bicycle accidents include:

• Brain injuries
• Broken bones
• Cuts, scrapes, and lacerations
• Eye, mouth, and face injuries
• Head injuries
• Internal bleeding
• Neck, back, and spine injuries
• Organ damage
• Paralysis
• Road rash (“friction burns”)
• Soft tissue injuries, such as torn ligaments

These injuries often require immediate medical attention and may necessitate ongoing treatment and care. Victims are often unable to return to work or their daily lives for weeks, months, or even years. When injuries are very severe, victims are likely to sustain permanent disabilities, impairments, or limitations, affecting their ability to return to their once-normal lives.

Understanding Bicycle Accident Liability in New Jersey

Establishing liability in bicycle accident cases can be intricate, particularly when multiple parties are involved. In New Jersey, the responsibility often lies primarily with the motor vehicle driver, yet various factors can also contribute to an incident. Elements such as road conditions, traffic signs' visibility, and the cyclist's behavior can all play a role in determining liability.

Bicyclists have the legal right to operate on roadways and share the same rights and obligations as drivers of motor vehicles. However, New Jersey’s comparative negligence law can affect the compensation a victim may receive. If a cyclist is deemed partially at fault for the collision, any compensation awarded may be reduced in proportion to their level of fault. Engaging with a knowledgeable attorney can clarify liability issues and ensure a comprehensive assessment of all possible sources of compensation.

The Importance of Documenting Your Bicycle Accident

Proper documentation following a bicycle accident is essential for constructing a robust case. If you find yourself involved in such an incident, consider taking the following actions:

• Collect Evidence: Use your smartphone to capture images of the accident scene, your injuries, and any damage to your bicycle and the other vehicle involved. This photographic evidence can be crucial for your case later on.
• Seek Medical Attention: Regardless of how you feel immediately after the accident, getting a professional evaluation is wise. Some injuries may not be evident immediately, and obtaining medical records will bolster your claim.
• Gather Witness Information: If there are bystanders or witnesses to the accident, collect their names and contact details. Their statements can provide important support for your account of the events.
• File a Police Report: If necessary, reach out to local law enforcement to report the incident. A police report creates an official accident record and can reinforce your case.

By diligently documenting all aspects of your accident, you can build a compelling narrative that enhances your claim and increases the likelihood of receiving the compensation you are entitled to.

Seeking Compensation for Bicycle Accidents in New Jersey

The purpose of filing a personal injury claim after a bicycle accident is twofold: First, you can recover monetary compensation for damages, such as medical bills, lost wages, and pain and suffering. Second, you can hold the negligent party accountable and secure a much-needed (and deserved) sense of justice. While a fair settlement or jury verdict cannot undo the trauma you have endured, it can allow you to recover the monetary resources you need to heal.

Under New Jersey’s no-fault car insurance system, the bicycle accident victim can recover compensation for certain damages by filing a claim with their auto insurance provider. Your personal injury protection (PIP) covers bicycle-vehicle accidents, meaning you do not necessarily need to prove that the other party was at fault to be compensated for covered losses. However, PIP coverage is limited, and you are not covered if you do not have auto insurance. It is often in your best interests to go outside the no-fault system and file a third-party claim against the at-fault driver’s insurance company or even sue the liable party directly.

Essential Elements for a Successful Bicycle Accident Claim in NJ

• You were injured and suffered measurable damages
• The driver’s negligent or wrongful conduct was the cause of your injuries
• You were not more than 50 percent at fault for the crash (if you were partly at fault)
• You sustained a specific injury that meets the state’s “serious injury” threshold

Under the New Jersey “limited right to sue” rule, you can only go outside the no-fault system and bring legal action against an at-fault driver if you can prove that you suffered a “serious injury,” as defined by the state.

Defining 'Serious Injury' for Bicycle Accident Claims in NJ

• Amputation/loss of a body part
• Displaced fractures
• Permanent injury
• Significant scarring and/or disfigurement
• Loss of a fetus

Death is also considered a “serious injury” in the state of New Jersey. This means that if your loved one died after being involved in a bicycle accident, you likely have grounds to sue the at-fault party for damages. You do not necessarily need to seek compensation within the confines of PIP provisions.

Note that if you have a “Standard Policy” and have elected the “unlimited right to sue” option, you may sue for economic and non-economic damages, such as pain and suffering. If you have chosen the “limited right to sue” option, you may only seek compensation for economic damages (in most cases).

Statute of Limitations for Bicycle Accident Lawsuits in NJ

Like other personal injury claims, bicycle accident claims are subject to a statute of limitations in New Jersey. This means that you have a limited amount of time to file a lawsuit. Note that this does not apply to no-fault insurance claims (or other insurance claims). The amount of time you have to file an insurance claim is typically dictated by the specific provisions of the applicable policy.

You typically have two years to file a bicycle accident lawsuit in New Jersey. If you do not bring a lawsuit within two years of the date of the accident, meaning the statute of limitations expires before you take legal action, your case will most likely be dismissed. This means you will lose your right to file a lawsuit and cannot recover compensation for your damages.

Safety Tips for Bicyclists

Anyone who rides a bike in New Jersey should know and follow all applicable state laws. The same goes for motorists who share the road with bicyclists.

It is always wise to take precautions when riding a bicycle, including:

Wear a helmet; anyone under the age of 17 is required by law to wear a properly secured safety helmet, but it is strongly recommended that all cyclists wear helmets to prevent serious injury

Use bike lanes when possible and, if riding on the road, follow all applicable traffic laws, such as obeying traffic signals and stop signs, riding in the direction of traffic, etc.

If riding at night, use a front light visible from at least 600 feet and a red rear light visible from at least 600 feet.

Remember that you are not as large or as visible as an automobile, so do all you can to increase your visibility, such as riding with the headlight on at all times and wearing reflective clothing after dark. 

Additionally, road hazards have a much greater effect on a small, two-wheeled vehicle, so watch for bumps, potholes, cracks, loose gravel, debris, or any other condition that might cause you to lose control. Bicyclists are legally allowed to ride in traffic lanes to avoid roadway hazards.

Contact Our New Jersey Bicycle Accident Lawyers Today

Your initial consultation is free when you contact The Law Offices of James C. DeZao, P.A.. If we agree to handle your case, we will work on a contingency fee basis. This means we get paid for our services only if funds are recovered.

Our New Jersey bicycle accident attorneys can assist you 24 hours a day, seven days a week. We answer our phones at all hours and are always here to provide the information you need to move forward. We take great pride in providing our clients with highly personalized and compassionate service. Our attorneys are dedicated advocates in and out of the courtroom and are prepared to aggressively seek the maximum compensation you are owed.

Contact The Law Offices Of James C. DeZao today to schedule a meeting with our bicycle accident lawyer in New Jersey!