Bike accident injury with damaged car

Bike Accidents

Peter N. Davis & Associates are here to help you get every penny of compensation you’re entitled to in your bike accident case. If you’ve been injured in a bicycle accident, contact our attorneys today to get the help and compensation you need during this challenging time.

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Bicycle Laws in New Jersey

In New Jersey, a bicycle is legally considered a vehicle, and therefore has the same rights and responsibilities as other motorists on the road. Bicyclists are required to obey the same traffic laws, and have an equal right to use the roadway.

There are specific regulations to bicyclists that must be followed, however. Title 39 of the New Jersey Motor Vehicles and Traffic Regulation laws says, “every person riding a bicycle on a roadway shall ride as near to the right roadside as practical exercising due care when passing a standing vehicle or one proceeding in the same direction.”

Also, all bike riders and passengers under 17 years old are required to wear a safety helmet that is properly fitted, fastened, and within the federal standards established by the U.S. Consumer Product Safety Commission (CPSC), as per Title 39:4-10.1. This helmet requirement is waived if the bicycle is being operated on a roadway closed to motor vehicle traffic.

New Jersey’s “Safe Passing” Law

While bicyclists on public roads are subject to the same laws as other vehicles, they are also protected by New Jersey’s safe passing law.

Under the safe passing law, drivers who pass a bicyclist on a public road must move over a lane if available. Drivers must also leave at least four feet of space when passing a bike on a single-lane road. If a driver does not have enough room to leave this required space, they must slow down and follow behind the bicycle until they have the space to pass safely.

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You Deserve Compensation

If you’ve been injured in a bicycle accident that was not your fault, you have a right to compensation for your injuries.

Help Is a Call Away

Our bike accident injury lawyers are only one call away. You don’t even need to leave the house. Give us a call and we will review your case over the phone.

No Fees Unless We Win

We work on a contingency-fee basis, meaning we do not get paid unless we win money for your case.

What should I do after a bike accident?

On New Jersey’s busy roads, it’s possible you or a fellow bike rider may be in an accident involving a motor vehicle. Knowing what to do in the immediate aftermath of a bike accident can make a big difference in any following legal claims and the injuries of anyone involved.

The following steps will help you collect critical information to help optimize your legal case:

  1. Call 911 & wait for the police to arrive.
  2. Seek immediate necessary medical attention & document all your injuries.
  3. Do NOT negotiate with the other motorist.
  4. Obtain the other driver’s information – name, contact info, driver’s license number, license plate number, and insurance information.
  5. Obtain witness contact information.
  6. Document everything that happened – take pictures of the scene, make note about traffic signals at the time of the accident, etc.
  7. Make a statement to the police, make sure your statement is included in the police report.
  8. Preserve evidence.
  9. Do NOT negotiate with insurance companies.
  10. Contact a professional bike accident attorney.

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We’ve Recovered Over $400 Million in 35 Years of Practice!

Fractured Vertebrae in Back

$950,000

Leg Injury

$700,000

Herniated Disc With Surgery

$450,000

Neck Injury

$400,000

Ankle Injury

$350,000

Knee Injury

$325,000

Neck Injury

$255,000

Arm Injury

$250,000

Wrist Injury

$225,000

Broken Ankle

$180,000

 

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How can a bicycle accident attorney help?

A bicycle accident attorney will be able to provide the following services to help a bike accident victim:

  • Investigation of the accident, evidence collection, and determination of liability
  • Assessment of the full extent of damages and determination of potential compensation
  • Building a strong case on your behalf
  • Representation in negotiation with insurance companies
  • Advocating for your rights in court, if your case goes to trial
  • Professional guidance through complex legal processes
  • Answering any questions you may have and providing support during a challenging time

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How do I know if I have a case?

In order to file an injury lawsuit after a bike accident, you must be able to prove that you have suffered harm due to the actions or negligence of another person. However, the best way to determine whether you have grounds for a lawsuit is to discuss your case with a qualified New Jersey bike accident lawyer.

Proving Negligence in Bicycle Accident Cases

In a personal injury case, the burden of proof falls on the plaintiff (the injured party). To determine that the other party was negligent, the plaintiff must prove:

  • The other party had a duty of care
  • That duty of care was not fulfilled
  • Failure to fulfill the duty of care directly caused the plaintiff’s injuries
  • There is evidence of the injuries and damages caused

Depending on the circumstances surrounding the accident, proving negligence could be tricky. That’s why it’s always best to seek the help of an attorney after a bike accident injury.

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Can I be found at fault for my own bike accident?

Yes. New Jersey follows a modified comparative negligence scheme. If you are found to be more than 50% at fault for your accident, you are not able to receive compensation for any damages. If you are less than 50% at fault, you can receive compensation.

The amount of compensation you are able to receive depends on your degree of fault. For example, if you are determined to be 30% at fault for your accident, your total recovery would be reduced by 30%.

What compensation is available for bike crash victims?

If you’ve been injured in a bike accident in New Jersey, you may be entitled to compensation for expenses and losses such as:

  • Medical bills & rehabilitation costs
  • Pain & suffering
  • Loss of income
  • Costs to repair or replace your bicycle
  • Loss of future earning capacity

Each case is unique. To determine what compensation you’re entitled to, contact our personal injury attorneys.

How much is my bike accident case worth?

How much your bike accident case is worth depends on the unique details of it. Every case is different. To determine what your unique bike accident case is worth, contact our personal injury attorneys. A personal injury attorney will be able to take all the details of your case, identify all damages and losses you may be compensated for, and provide an estimation of what your settlement should be.

Injured while riding your bike?

If you were injured in an accident by a negligent party while riding your bicycle, you have the right to compensation for your injuries. We are here to fight for you.

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What Our Clients Are Saying About Us!

5 Star Reviews

I was in the car, I was the passenger, we were stopped about five cars back from the stop sign and all of the sudden we got hit from behind… And it was a girl that was talking on her cell phone. My car insurance said, ‘We’re not paying for anything else.’ My private health insurance said, ‘We’re not paying for anything else.’ Without a lawyer I would probably still be out there wondering why I was still hurting, why I was still having problems and what was I going to do? Peter has contacted the insurance companies. He has gone with me to doctor’s appointments. They have really gone above and beyond. We need people like Peter Davis to help us.

-Wilda
5 Star Reviews

I was in a terrible car accident. Immediately after that, I was taken to the hospital in an ambulance. The insurance company treated me unfairly. They refused to pay for my surgery and Mr. Davis made them. If you get into an accident, it’s very important for you to pick someone to be your voice and defend your rights and I suggest Mr. Davis. When I came to Mr. Davis, I was treated with respect, like I was one of his family members, and I really loved him for that.

-Cynthia
5 Star Reviews

I was driving in Hoboken and was preparing to stop at a stop sign and before I got to the stop sign, I was rear-ended. After the accident, I called Peter’s office and they started working for me right away. Large insurance companies are not looking out for the consumer. I needed Peter Davis to help me out. Mr. Davis fought hard for me and got me the money that I deserved.

-Stephanie
5 Star Reviews

I was with my son about to get to the cash register and there was a puddle of water that I didn’t see and I slipped and fell. After I fell, I was in physical therapy for six months. I called Peter’s office and Peter started working for me right away. I don’t think the insurance company would have been fair with me if I didn’t have a good lawyer. I would recommend the Peter Davis law firm to anyone who was injured in an accident.

-Johanna
5 Star Reviews

I was at a red light and a driver came up behind and rear-ended my vehicle. Immediately after the accident, I called Peter Davis’ office and he started working on my case right away. His staff was very conscientious to the issue and I just felt very comfortable with dealing with his entire office. He really did a great job in helping me. First thing I would do is find yourself a good attorney like Peter Davis. Peter did a great job with the insurance company. He really fought hard for me.

-Gina
5 Star Reviews

I was driving on Route 46. A guy was on his cell phone and didn’t realize everyone had stopped or slowed in front of him, so full blast, he hit me in the back. After the accident, I called Peter’s office and he started working for me right away. Peter took the case to arbitration and forced the insurance company to give me a good settlement.

-Garland

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How to file a Bike Accident Insurance Claim

After following the steps for what to do right after a bike accident, make sure to talk with a bike accident attorney before going to your insurance company. Insurance companies don’t often look out for their client’s best interest, because they will do whatever they can to avoid having to pay out on a claim, or minimize the settlement amount as much as possible.

Speaking with an attorney before submitting a claim to the insurance company can help ensure you present all the details of your case in the most advantageous way. It may also help you avoid saying anything that could be used against you to lower your settlement.

After you talk to an injury attorney, filing a claim with your insurance company is usually as simple as going to their website and following the prompts or calling them.

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New Jersey Bike Accident Statute of Limitations: How long do I have to file a claim?

New Jersey’s time limit, also known as the statute of limitations, for submitting a bike accident injury claim is generally 2 years from the date of the injury.

There are specific circumstances that can extend or shorten the statute of limitations:

  • If the injured person was a minor when the crash happened, the two-year time limit begins on their 18th birthday – making their 20th birthday the deadline.
  • If the injured person is mentally incapacitated, the court may delay the time limit until the person has recovered from mental incapacitation.
  • If the injured person reasonably discovered an injury only after it occurred, their two-year time limit starts on the date they discovered the injury. This is called the “discovery rule.” For example, if you are hit by a car while riding a bike, and discover weeks after the accident that you have an internal injury, the statute of limitations begins on the day you discovered your injury, not the day of the accident.

Common Causes of Bike Accidents in NJ

We’ve found that most bike accidents leading to injury in New Jersey are caused by:

  • Distracted Drivers
  • Cell phone use
  • Speeding
  • Loose manhole covers
  • Failure to Yield
  • Unsafe lane changes
  • Inexperienced drivers
  • Pavement defects and potholes
  • Running a red light or stop sign
  • Drunk driving
  • Inclement weather
  • Rideshare drivers (taxi, Uber, Lyft) making sudden moves to pick up passengers
  • Opening car doors suddenly, without checking surroundings (especially behind)

Common Types of Bike Accident Injuries

Even if you were wearing a helmet and/or other protective gear during your bike accident, the overall exposure of being on a bike means they cannot offer the same protection as a car or other motor vehicle. This lack of protection means bike accident injuries are common and can be severe.

Most common bike accident injuries:

The cost to treat these common bike accident injuries can be very expensive. It’s not uncommon for victims to be surprised by how high their medical bills are. In many cases, their health insurance is not enough to cover all the costs, and sometimes they are unable to work while recovering. Our personal injury attorneys handle bicycle accidents in Lodi, Paterson, and all across New Jersey.

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Bike Accident Law FAQs

If you or a loved one were recently injured in a bike accident, you probably have a lot of questions. Here are some of the most common questions we get asked about bike accident injuries:

It depends. Employers are not liable for all the bad acts of every employee at all times. To pursue a civil case against an employer, you must be able to show the driver was working within the scope of their employment at the time of the accident. If the at-fault driver was working on the behalf of their employer when the accident occurred, their employer might be liable.

A personal injury lawyer will be able to review your specific case details and determine if the employer can be held liable for your accident with an employee/company vehicle.

Generally, you have 2 years to file a claim after a bike accident. It is best to file as soon as possible to avoid any last-minute delays that could hinder your claim. Speaking to a lawyer immediately after your accident can help you understand the information you need, where to go, and what to do to file an injury claim.

Yes! A police report about your accident will be important to your case and pursuing compensation.