New Jersey Bike Accident Lawyer
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.
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:
- Call 911 & wait for the police to arrive.
- Seek immediate necessary medical attention & document all your injuries.
- Do NOT negotiate with the other motorist.
- Obtain the other driver’s information – name, contact info, driver’s license number, license plate number, and insurance information.
- Obtain witness contact information.
- Document everything that happened – take pictures of the scene, make note about traffic signals at the time of the accident, etc.
- Make a statement to the police, make sure your statement is included in the police report.
- Preserve evidence.
- Do NOT negotiate with insurance companies.
- Contact a professional bike accident attorney.
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
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.
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.
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.
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:
- Brain injuries
- Broken bones – especially arms and legs
- Soft tissue injuries
- Neck injuries
- Back and spine injuries
- Face and eye injuries
- Organ damage
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.
