When to Hire a New Jersey Bicycle Accident Lawyer...

Getting into a bicycle accident can turn your world upside down in an instant.

One moment you’re enjoying a peaceful ride through your neighborhood or commuting to work, and the next you’re dealing with injuries, medical bills, and insurance companies.

If you’ve been injured in a bicycle accident case in New Jersey, you might be wondering whether you need legal counsel and what steps to take next.

New Jersey bicycle accidents are on the rise, with thousands reported each year.

The consequences can be devastating for bike riders who have little protection against motor vehicles.

Understanding your legal rights, the legal process, and when to seek professional help can make the difference between receiving maximum compensation and being left to handle mounting expenses on your own.

That’s where those experienced New Jersey bicycle accident lawyer becomes more essential that is based on Davis, Saperstein & Salomon P,C. homepage.

This comprehensive guide will walk you through everything you need to know about bicycle accident cases in New Jersey, from understanding state laws to choosing the right New jersey bicycle accident attorney for your situation.

Table of Contents

Bicycle Accident Laws in New Jersey

New Jersey has specific traffic laws governing bicycle accidents that differ from other states.

The Garden State follows a “no-fault” insurance system, which means your own insurance typically covers medical expenses and lost income regardless of who caused the traffic accident.

However, this system has limitations that can significantly impact your recovery.

Under New Jersey’s no-fault law, you can step outside the system and pursue a personal injury claim against the negligent driver if your injuries meet certain thresholds.

These include permanent injury, significant disfigurement, or medical expenses exceeding a specific dollar amount.

Having an experienced New jersey bicycle accident attorney can ensure you pursue a valid claim effectively.

Right of Way Rules for Cyclists

New Jersey law treats bicycles as vehicles, which means cyclists have the same rights and responsibilities as motor vehicle drivers.

Cyclists must follow traffic signals, ride in the same direction as traffic, and use designated bike lanes when available.

However, motorists also have a duty to share the road safely with cyclists.

The state requires drivers to maintain at least four feet of clearance when passing cyclists.

Violating this law can result in fines and establishes a basis for liability in accident cases.

Common Causes of Bicycle Accidents in New Jersey

Many serious bicycle accidents result from driver negligence.

Here are some of the most common causes of bicycle accidents:

Dooring Incidents

One of the most frequent causes of bicycle accidents occurs when drivers or passengers open car doors without checking for approaching cyclists.

When a car door is opened into a cyclist’s path, a bicycle-car collision can occur.

These “dooring” incidents can cause serious injuries as cyclists have little time to react.

These car door accidents are particularly dangerous in urban settings and often result in bike accident injuries.

Intersection Collisions

Many bicycle accidents happen at intersections where visibility is limited.

Drivers making right turns often fail to see cyclists in their blind spots, leading to devastating collisions.

Left-turn accidents are also common when drivers misjudge the speed of approaching cyclists.

Distracted Driving and Reckless Drivers

With the rise of smartphones and in-car technology, distracted driving has become a leading cause of all traffic accidents, including those involving bicycles.

Texting, talking on the phone, or adjusting GPS devices can cause drivers to miss seeing cyclists entirely.

Road Rage and Aggressive Driving

Unfortunately, some drivers become frustrated with cyclists sharing the road and engage in aggressive behavior.

This can include intentionally crowding cyclists, honking excessively, or making dangerous passes.

Driving Under the Influence of the Alcohol or Drugs

Driving under the influence of alcohol or drugs is not only illegal, but also extremely dangerous for all road users.

For cyclists, impaired drivers pose an even greater threat as they may struggle to maintain control of their vehicle and are less likely to see or react to a cyclist on the road.

Poor Road Conditions and Product Defects

Hazardous road conditions, faulty bike parts that fail to meet federal standards (as enforced by the U.S. Consumer Product Safety Commission), and poor signage can also lead to bike crashes.

Types of Injuries Common in Bicycle Accidents

Bicycle accidents often result in severe injuries due to the lack of protection cyclists have compared to motor vehicle occupants.

Understanding these injuries helps illustrate why professional legal representation is often necessary.

Head and Brain Injuries

Even with proper helmet use, head injuries remain a serious concern in bicycle accidents.

Traumatic brain injuries can have lasting effects on cognitive function, memory, and quality of life.

These injuries often require extensive medical treatment and long-term care.

Spinal Cord Injuries

The impact of a bicycle accident can cause damage to the spinal cord, potentially resulting in partial or complete paralysis.

These life-changing injuries require immediate medical attention and ongoing rehabilitation.

Broken Bones and Fractures

Cyclists frequently suffer broken bones when thrown from their bikes or struck by vehicles.

Common fractures include arms, legs, ribs, and collarbones.

Some fractures may require surgery and extensive physical therapy.

Road Rash and Soft Tissue Injuries

While road rash might seem minor compared to other injuries, severe cases can require skin grafts and leave permanent scarring.

Soft tissue injuries, including sprains and strains, can also cause long-term pain and mobility issues.

Even with or without the helmet, serious injuries are common, and for the long-term rehabilitation that may be necessary.

When You Need a New Jersey Bicycle Accident Lawyer

Not every bicycle accident requires legal representation, but certain situations make hiring an attorney essential for protecting your interests.

Serious Injuries or Permanent Disability

If your injuries are severe or have resulted in permanent disability, the stakes are too high to handle the case yourself.

Insurance companies often try to minimize payouts for serious injuries, and you need someone who understands the full extent of your current and future needs.

Disputed Liability

When the at-fault party or their insurance company disputes responsibility for the accident, you need legal expertise to prove your case.

This might involve reconstructing the accident scene, gathering witness testimony, and consulting with experts.

Insurance Company Tactics

Insurance adjusters are trained to minimize claim payouts.

They might use tactics like quick settlement offers, recorded statements, or delay tactics to reduce their liability.

An experienced attorney knows how to counter these strategies.

Multiple Parties Involved

Some bicycle accidents involve multiple vehicles or complex liability situations.

Determining fault and pursuing claims against multiple parties requires legal expertise and resources that most individuals don’t have.

What to Look for in a New Jersey Bicycle Accident Lawyer

Choosing the right attorney can significantly impact the outcome of your case.

Here are key factors to consider when selecting legal representation.

Experience with Bicycle Accident Cases

Look for attorneys who specifically handle bicycle accident cases rather than general personal injury lawyers.

Bicycle accidents have unique aspects that require specialized knowledge of cycling laws, common accident scenarios, and typical injuries.

Track Record of Success

Ask about the attorney’s success rate with bicycle accident cases.

Look for someone who has secured favorable settlements and verdicts for clients with similar injuries and circumstances.

Resources and Team

Complex bicycle accident cases often require accident reconstruction experts, medical professionals, and investigators.

Ensure your attorney has access to these resources and the financial capability to properly prepare your case.

Communication Style

Your attorney should be accessible and willing to explain legal concepts in terms you can understand.

You want someone who will keep you informed throughout the process and respond to your questions promptly.

The Legal Process for Bicycle Accident Claims

Understanding what to expect during the legal process can help reduce anxiety and prepare you for what lies ahead.

Initial Consultation and Case Evaluation

Most bicycle accident lawyers offer free consultations to evaluate your case.

During this meeting, you’ll discuss the accident details, your injuries, and potential legal options.

The attorney will assess the strength of your case and explain the likely process.

Investigation and Evidence Gathering

Your attorney will conduct a thorough investigation of the accident.

This includes obtaining police reports, medical records, witness statements, and physical evidence from the scene.

In some cases, accident reconstruction experts may be necessary.

Medical Treatment and Documentation

Continuing medical treatment is crucial both for your recovery and your legal case.

Your attorney will work with your medical providers to ensure proper documentation of your injuries and treatment.

Negotiations with Insurance Companies

Most bicycle accident cases settle through negotiations rather than going to trial.

Your attorney will handle all communications with insurance companies and work to secure a fair settlement that covers your damages.

Trial Preparation and Litigation

If negotiations fail to produce a fair settlement, your case may go to trial.

Your attorney will prepare your case for court, including depositions, expert witness preparation, and trial strategy.

Compensation Available in New Jersey Bicycle Accident Cases

Understanding the types of compensation available can help you evaluate settlement offers and understand what you’re entitled to recover.

Economic Damages

Economic damages cover your financial losses related to the accident.

This includes medical expenses, lost wages, property damage, and future medical costs.

These damages are typically easier to calculate because they involve specific dollar amounts.

Non-Economic Damages

Non-economic damages compensate for intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.

These damages can be substantial in bicycle accident cases due to the severity of injuries often involved.

Punitive Damages

In rare cases involving particularly egregious conduct, punitive damages may be available.

These are designed to punish the wrongdoer and deter similar behavior in the future.

Frequently Asked Questions About New Jersey Bicycle Accident Cases

How long do I have to file a bicycle accident claim in New Jersey?

New Jersey has a two-year statute of limitations for personal injury claims, including bicycle accidents.

This means you must file your lawsuit within two years of the accident date, or you may lose your right to compensation.

However, there are some exceptions, so it’s important to consult with an attorney as soon as possible.

What if I wasn’t wearing a helmet during the accident?

New Jersey doesn’t require adults to wear helmets while cycling, so not wearing one shouldn’t prevent you from recovering compensation.

However, the defense might argue that your injuries would have been less severe with a helmet, potentially reducing your damages.

Can I still recover compensation if I was partially at fault?

New Jersey follows a modified comparative negligence rule.

You can still recover compensation if you were partially at fault, as long as your fault doesn’t exceed 50%.

However, your compensation will be reduced by your percentage of fault.

What if the driver who hit me doesn’t have insurance?

If the at-fault driver is uninsured, you may be able to recover compensation through your own uninsured motorist coverage.

Your attorney can help you explore all available insurance options.

How much does it cost to hire a bicycle accident lawyer?

Most bicycle accident lawyers work on a contingency fee basis, meaning you don’t pay attorney fees unless they recover compensation for you.

The fee is typically a percentage of your settlement or verdict.

Should I give a recorded statement to the insurance company?

You should avoid giving recorded statements to insurance companies without first consulting with an attorney.

These statements can be used against you later, and insurance adjusters are trained to ask questions that might damage your case.

Can I sue someone for hitting me on my bike?

Yes, you can sue someone for hitting you on your bike.

In fact, it is important to take legal action if you have been injured in a bicycle accident caused by another person’s negligence.

This will not only help hold the responsible party accountable, but also ensure that you receive compensation for your injuries and any other damages incurred.

When filing a lawsuit for a bicycle accident, it is important to gather evidence such as a police report, witness statements, and medical records.

You may also want to consult with an attorney who can guide you through the legal process and help build a strong case on your behalf.

Final Thoughts on New Jersey Bicycle Accident Lawyer

If you’ve been a bike accident victim, it is critical to act quickly.

Consult with a qualified New Jersey bicycle accident lawyer to protect your rights.

The law firm you choose could offer a free consultation.

A New Jersey bike accident lawyer understands New Jersey’s unique traffic laws and should have experience handling bicycle accident cases.

Remember, insurance companies have teams of lawyers working to minimize their payouts.

You deserve an advocate who will fight in your best interest, deal with insurance companies, and ensure you get the maximum compensation for your personal injury case.

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