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.
What Makes a Claim Successful?
Essential elements for a successful bicycle accident claim include:
- 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 show that you suffered a “serious injury” as defined by the state.
What Is Considered a Serious Injury in a Bicycle Accident?
Defining 'serious injury' for bicycle accident claims includes:
- 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).
What Is the Statute of Limitations for Bicycle Accident Lawsuits in New Jersey?
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.
Frequently Asked Questions
How Does Comparative Negligence Affect My Claim?
New Jersey operates under a modified comparative negligence system, meaning your compensation could be reduced if you are found partially at fault for the accident. Specifically, if you are more than 50% at fault, you cannot recover damages. However, if you are 50% or less responsible, your compensation will decrease in proportion to your fault percentage. For example, if you are deemed 20% at fault, your awarded damages would reduce by 20%.
This system emphasizes the importance of accurately documenting the accident and consulting with a qualified attorney to ensure that all liable parties are correctly identified and that your fault is minimized. Professional legal support is crucial in bolstering your case with strong evidence and refuting any exaggerated claims of responsibility for the incident.
Can I Pursue a Claim If I Was Not Wearing a Helmet?
Whether or not you can pursue a claim for injuries sustained in a bicycle accident in New Jersey if you were not wearing a helmet primarily depends on the circumstances and the nature of the injuries. While state law mandates that cyclists under 17 must wear helmets, adults are not legally required to do so. However, not wearing a helmet could potentially impact the compensation amount you receive, as the defense may argue that your injuries were partly due to failure to wear protective gear.
An experienced attorney can help mitigate this issue by demonstrating that the absence of a helmet did not contribute to the cause of the accident itself. It's essential to focus on the motorist's actions that led to the accident and prove their negligence. Legal representation will work to ensure that your rights are protected and that you receive fair treatment in your claim process.
What Should I Do Immediately after a Bicycle Accident?
After a bicycle accident, your safety is the top priority. Call 911, get medical attention—even if injuries seem minor—and wait for law enforcement to arrive. Document the scene with photos, gather witness information, and avoid discussing fault. As soon as you can, contact a bicycle accident attorney to protect your rights.
Who Can Be Held Liable For a Bicycle Accident?
Liability can fall on drivers, other cyclists, pedestrians, government entities responsible for road maintenance, or even manufacturers of defective bicycle parts. An attorney can investigate the evidence to identify all responsible parties.
How Long Does a Bicycle Accident Claim Take?
The timeline varies depending on the severity of injuries, the complexity of the case, and how cooperative the insurance company is. Some claims settle within a few months; others take longer, especially if litigation is involved.
What If the Driver Fled the Scene?
You may still have options. A lawyer can help determine whether you can file an uninsured/underinsured motorist claim through your own insurance or pursue other potential sources of compensation.
Contact Our New Jersey Bicycle Accident Lawyers Today
Your initial consultation is free when you contact DeZao & DeZao, P.C. 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 are available 24 hours a day, seven days a week. We answer our phones at all hours and are 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 seek the maximum compensation you are owed.
Contact DeZao & DeZao, P.C. today to schedule a meeting with our New Jersey bicycle accident attorneys.
