New Jersey Bicycle Accident Lawyer
Justice for Victims of Bicycle Accident Lawyers
People use bicycles in many different ways to get around, but when an accident occurs, they may need help from a New Jersey bicycle accident lawyer to represent their case. Some may use their bike for exercise, and others use it as a means to get to work and back. Others may use their bike when running errands or to spend time at a friend’s house. Regardless of where, when, or why someone uses a bicycle, they deserve to have a safe journey and get where they need to be without harm. But fortunately, as our lawyers have seen, car drivers may hit bicyclists because they are not paying enough attention to the road. If this has happened to you or a relative, just know that we can help. At the Law Offices of David A. DiBrigida, we frequently represent victims of all types of personal injury events, including bicycle accidents.
Table Of Contents
- Justice for Victims of Bicycle Accident Lawyers
- New Jersey Bicycle Accident Laws
- Most Common Bicycle Accident Injuries
- New Jersey Bicycle Accident Infographic
- New Jersey Bicycle Accident Statistics
- New Jersey Bicycle Accident FAQs
- Law Offices of David A. DiBrigida, New Jersey Bicycle Accident Lawyer
- Contact Our New Jersey Bicycle Accident Lawyer Today
Understanding Bicycle Accidents
Motorists can get reckless and may force bicyclists into tragic accidents. These collisions may cause severe injury and may take a bicyclists off their bikes for weeks, months, or even years. For some, they may never be able to get back onto a bicycle again due to physical impairments or mental struggles. Anyone who has been in a traumatic event like a bike accident is probably going to have a hard time acting like everything is normal again. There are many ways that car drivers may be reckless, such as speeding, tailgating, failing to yield to a right of way, running stop signs or stop lights, and other dangerous behaviors. Sadly, because bicyclists do not have much external protection to deflect the force of impact, they tend to suffer the worst of the injuries in the event of an accident. If you have been injured after being struck by a car, please get medical attention right away and then reach out to a New Jersey bicycle accident lawyer for further guidance.
It’s important to act in your best interest if you ever get hit by a car driver while on a bike. Car drivers have a duty of care to the road to operate their vehicles in a safe manner that does not cause harm to anybody else. The driver may not have been paying attention to the road or failed to notice the presence of bicyclists when a tragic incident ensued. But it is our job as legal professionals to help victims get repayment for how they have suffered. You may be entitled to various types of damages, such as costs for medical bills, replacement or repair of your bike, loss of wages from missing work, and so much more.
How Our Bicycle Accident Lawyer Can Help You
Our bicycle accident lawyer will stay up to date on any changes or updates to bicycle laws and regulations through ongoing education, attending legal conferences and seminars, and staying informed about legal cases involving bicycle accidents. They may also consult with other legal advisors, such as traffic engineers or accident reconstructionists, to gain a deeper understanding of the circumstances of a particular case. Dedicated lawyers may also work with advocacy groups, such as cycling organizations or pedestrian safety groups, to help shape and improve bicycle laws and regulations. By participating in these groups, lawyers can gain a better understanding of the legal and social issues affecting cyclists, as well as the latest research on bicycle safety.
Qualified bicycle accident lawyers have experience in investigating accidents and gathering evidence. They know what evidence is relevant to a case and how to obtain it. They will investigate the accident scene, interview witnesses, and gather any other relevant evidence to build a strong case for their client. On top of that, lawyers can help their clients find medical treatment for their injuries and ensure that all medical documentation is accurate and complete. This documentation is essential when it comes to proving the extent of the client’s injuries and determining the compensation they are entitled to.
Overall, bicycle accident lawyers typically have a deep understanding of bicycle laws and regulations, gained through legal education, experience practicing law, ongoing education, and participation in advocacy groups. This knowledge allows them to provide effective legal representation to clients involved in bicycle accidents and ensure that their clients’ rights are protected under the law. Dealing with the aftermath of a bicycle accident can be a stressful and overwhelming experience. Hiring a bicycle accident lawyer can provide peace of mind, knowing that their case is being handled by an experienced professional.
New Jersey Bicycle Accident Laws
Bicycle accidents can result in devastating injuries and property damage. In New Jersey, as in many other states, there are specific laws in place to protect the rights of cyclists and ensure their safety on the road. We will delve into the essential aspects of New Jersey bicycle accident laws, shedding light on the regulations and responsibilities applicable to cyclists and motorists alike. Always reach out to a New Jersey bicycle accident lawyer from the Law Offices of David A. DiBrigida to learn how we can help you.
Bicycle Operation Regulations
When it comes to operating bicycles in New Jersey, there are several key regulations that cyclists must adhere to. Continue reading to learn more.
Equipment Requirements
New Jersey law mandates that bicycles must be equipped with a bell or horn, a front white light visible from at least 500 feet away, and a red rear reflector. These safety measures are essential for both the rider’s safety and that of others on the road.
Helmet Use
Cyclists under the age of 17 are required to wear an approved helmet while riding. This regulation is aimed at reducing head injuries in the event of an accident.
Hand Signals
Just like motorists, cyclists are expected to use proper hand signals when turning or stopping. This helps signal their intentions to other road users.
Obeying Traffic Laws
Bicyclists are required to follow the same traffic laws as motorists. This includes stopping at stop signs and obeying traffic signals.
Rights And Responsibilities
In New Jersey, cyclists have specific rights and responsibilities that are designed to ensure their safety and the safety of others. Reach out to our firm to learn more.
Sharing the Road
Cyclists have the right to use public roads just like any other vehicle, and motorists must respect their space. Both cyclists and drivers must exercise patience and share the road.
Avoiding the Door Zone
Cyclists are encouraged to stay clear of the “door zone,” which is the area where parked car doors can suddenly swing open. Staying at a safe distance from parked vehicles helps prevent accidents.
Yielding to Pedestrians
Cyclists must yield the right of way to pedestrians in crosswalks and on sidewalks, promoting a safer environment for all road users.
Respecting Bike Lanes
Motorists should respect designated bike lanes and avoid parking or driving in them. Cyclists, in turn, should use bike lanes when available.
Liability And Compensation
In the unfortunate event of a bicycle accident, liability and compensation issues may arise. Understanding these aspects is crucial.
Fault Determination
New Jersey follows a modified comparative fault system, meaning that if both the cyclist and the motorist share fault in an accident, damages will be apportioned accordingly. If the cyclist is found to be less than 50% at fault, they may be entitled to compensation.
Insurance Claims
Cyclists may seek compensation from the motorist’s insurance company if the motorist is found to be at fault. Additionally, cyclists can use their own insurance coverage, such as personal injury protection (PIP) or uninsured/underinsured motorist coverage, to cover medical expenses.
Most Common Bicycle Accident Injuries
We are dedicated to helping bicycle riders who have been injured in accidents throughout New Jersey. Cycling is a popular and healthy mode of transportation and recreation, but it comes with inherent risks, especially when sharing the road with motor vehicles. The most common injuries sustained by bicycle riders in New Jersey are often caused by the following factors:
- Motor Vehicle Collisions
Bicycle riders are vulnerable road users, and when they collide with motor vehicles, the consequences can be severe. The most common injuries resulting from these collisions include:
- Head Injuries
Head injuries, including concussions and traumatic brain injuries (TBIs), are among the most serious bicycle-related injuries. Wearing a helmet is crucial for reducing the risk of head trauma.
- Fractures and Broken Bones
Collisions with cars can lead to fractures and broken bones, such as broken arms, legs, wrists, and collarbones.
- Soft Tissue Injuries
Sprains, strains, and soft tissue injuries, such as road rash, can occur when a cyclist is thrown from their bike in a collision.
- Spinal Cord Injuries
Severe accidents may result in spinal cord injuries, leading to paralysis or other long-term disabilities.
- Dooring Accidents
“Dooring” occurs when a cyclist is struck by a car door that is suddenly opened by an occupant of a parked vehicle. These accidents can result in cyclists being thrown from their bikes or colliding with the door, leading to injuries such as fractures, head injuries, and cuts and bruises.
- Intersection Collisions
Many bicycle accidents happen at intersections, often due to motorists failing to yield the right of way, running red lights, or making improper turns. These accidents can result in a wide range of injuries, including broken bones, head injuries, and soft tissue injuries.
- Distracted Driving
Distracted drivers who are not paying attention to the road pose a significant risk to cyclists. When drivers are on their phones or engaged in other distractions, they may not see cyclists, leading to accidents and injuries.
- Unsafe Road Conditions
Potholes, uneven pavement, debris, and inadequate signage can create hazards for cyclists. Accidents resulting from unsafe road conditions can lead to a variety of injuries, including fractures, cuts, and abrasions.
- Drunk Driving
When motorists drive under the influence of alcohol or drugs, they are less likely to notice or yield to cyclists. These impaired drivers can cause severe accidents with injuries ranging from fractures to head trauma.
- Lack of Protective Gear
Failing to wear appropriate safety gear, such as helmets and reflective clothing, can increase the risk of injury in a bicycle accident.
New Jersey Bicycle Accident Infographic
New Jersey Bicycle Accident Statistics
Here are some key statistics related to bicycle accidents in New Jersey:
- Bicycle Fatalities. In New Jersey, the number of annual bicycle fatalities can vary from year to year. In 2019, there were 18 bicycle-related fatalities in the state, according to the National Highway Traffic Safety Administration (NHTSA).
- Bicycle Injuries. The number of bicycle-related injuries in New Jersey also fluctuates from year to year. In 2019, there were approximately 1,200 reported injuries resulting from bicycle accidents in the state.
- Helmet Usage. Wearing a helmet is an essential safety measure for bicyclists. According to the New Jersey Division of Highway Traffic Safety, helmet usage among New Jersey cyclists was around 60% as of 2018. Encouraging helmet use remains a critical safety goal.
- Time and Location. Bicycle accidents in New Jersey can occur at various times of the day and in different locations. Some accidents happen during daylight hours, while others occur at night. Intersection-related accidents are relatively common, emphasizing the need for caution and awareness.
New Jersey Bicycle Accident FAQs
What is a bicycle accident lawyer?
A bicycle accident lawyer is a legal professional who specializes in representing individuals involved in bicycle accidents. They have a deep understanding of the laws surrounding bicycle accidents and can provide legal advice and representation to victims seeking compensation for their injuries or property damage.
Why should I hire a bicycle accident lawyer?
Hiring a bicycle accident lawyer in New Jersey is crucial for several reasons. Firstly, they possess the expertise and knowledge of state laws specific to bicycle accidents. They can navigate the complex legal processes and ensure your rights are protected. Secondly, they can help you gather evidence, negotiate with insurance companies, and fight for fair compensation on your behalf. Lastly, hiring a lawyer allows you to focus on your recovery while they handle the legal aspects of your case.
What compensation can I seek after a bicycle accident?
After a bicycle accident, you may be entitled to various types of compensation, including:
- Medical expenses. This includes current and future medical bills, hospitalization, surgeries, rehabilitation, and any other necessary treatment.
- Lost wages. If your injuries prevent you from working, you may be eligible to claim compensation for the income you have lost and potential future earnings.
- Pain and suffering. Compensation for physical pain, emotional distress, and loss of enjoyment of life caused by the accident.
- Property damage. If your bicycle or any personal property was damaged in the accident, you can seek compensation for repairs or replacement.
- Wrongful death. In the unfortunate event of a fatal bicycle accident, the surviving family members may be eligible to file a wrongful death claim.
How long do I have to file a bicycle accident claim in New Jersey?
In New Jersey, the statute of limitations for personal injury claims, including bicycle accidents, is generally two years from the date of the accident. However, it is advisable to consult with a bicycle accident lawyer as soon as possible after the incident to ensure all deadlines are met and to give your lawyer sufficient time to build a strong case.
How do I prove fault in a bicycle accident case?
Proving fault in a bicycle accident case can be complex. Your bicycle accident lawyer will investigate the circumstances surrounding the accident, gather evidence such as accident reports, witness statements, photographs, and surveillance footage, and consult with accident reconstruction experts if necessary. Experienced attorneys will build a strong case to establish liability by demonstrating that the other party’s negligence or wrongdoing caused the accident and your injuries.
What if I was partially at fault for the bicycle accident?
New Jersey follows a comparative negligence rule, which means that even if you were partially at fault for the accident, you may still be eligible for compensation. However, your compensation may be reduced by the percentage of fault assigned to you. For example, if you were found to be 20% at fault and the total compensation awarded was $100,000, you would receive $80,000 (80% of the total amount).
Bicycle Accident Glossary
At the Law Offices of David A. DiBrigida, we understand the challenges that cyclists face on New Jersey roads. If you or a loved one has been involved in a bicycle accident, our New Jersey bicycle accident lawyer team is here to assist. Below, we’ve explained some of the key legal terms that often come up in these types of cases to help you better understand your rights and options.
Duty of Care
In New Jersey, all drivers have a duty of care, which means they are legally required to operate their vehicles responsibly to avoid harming others. This concept is particularly significant in bicycle accident cases. Car drivers are expected to be vigilant, watch for cyclists, and avoid dangerous behaviors like speeding, distracted driving, or failing to yield the right of way. If a driver breaches this duty and causes an accident, they may be held liable for any injuries or damages that result. For cyclists, proving that a motorist violated this duty is a critical step in seeking compensation.
Comparative Negligence
New Jersey follows the principle of comparative negligence, which is used to determine each party’s level of responsibility in an accident. This means that even if a cyclist is partially at fault, they may still recover damages. However, their compensation will be reduced by their percentage of fault. For example, if a cyclist is found to be 20% at fault for an accident because they failed to use a designated bike lane, their recovery would be reduced by that percentage. It’s crucial to understand this concept because the amount of compensation you can receive may be directly impacted by your own actions leading up to the accident.
Statute of Limitations
New Jersey law sets a specific time frame, known as the statute of limitations, within which you must file a personal injury claim after a bicycle accident. Generally, you have two years from the date of the incident to take legal action. Missing this deadline can result in losing your right to pursue compensation, regardless of the severity of your injuries or the extent of the damages you’ve suffered. For families dealing with a wrongful death claim due to a fatal bicycle accident, the same two-year period usually applies. It’s important not to delay in seeking legal advice, as evidence can become harder to gather as time goes by.
Personal Injury Protection
New Jersey is a no-fault insurance state, which means that your own insurance policy can cover certain expenses, even if someone else was responsible for the accident. This coverage is known as Personal Injury Protection (PIP). Cyclists involved in accidents can access PIP benefits through their own auto insurance policies to cover medical expenses, regardless of who was at fault. If you’re a cyclist who doesn’t own a car or have auto insurance, PIP benefits may still be available through the insurance policy of a household member. This can be a valuable resource, especially when medical bills start to pile up following a serious accident.
Wrongful Death Claim
In the unfortunate event that a bicycle accident results in a fatality, the deceased person’s surviving family members may have the right to file a wrongful death claim. This type of legal action seeks compensation for the financial and emotional losses suffered by the family. Compensation may include funeral and burial expenses, loss of future income, and the emotional pain of losing a loved one. Wrongful death claims are often complex, requiring detailed evidence to prove that another party’s negligence directly caused the cyclist’s death. Working with a knowledgeable attorney can help families through this challenging process and seek the justice they deserve.
If you’ve been injured in a bicycle accident or lost a loved one, don’t wait to protect your legal rights. Contact the Law Offices of David A. DiBrigida today for a free consultation to discuss your options. We’re committed to helping you pursue the compensation you need to move forward.
Law Offices of David A. DiBrigida, New Jersey Bicycle Accident Lawyer
101 Eisenhower Pkwy #100, Roseland, NJ 07068
Contact Our Bicycle Accident Lawyer Today
Navigating New Jersey’s bicycle accident laws is essential for both cyclists and motorists to ensure safe and responsible road use. By understanding these regulations, rights, and responsibilities, individuals can contribute to a safer environment for everyone on the road.
If you or a loved one has been involved in a bicycle accident in New Jersey, it’s crucial to consult with an experienced New Jersey bicycle accident lawyer from the Law Offices of David A. DiBrigida. Our team of dedicated legal professionals is here to provide guidance and support in pursuing your rightful compensation. Attorney DiBrigida has been helping the injured recover compensation since 1992. Contact us today to schedule a consultation and protect your legal rights. Your safety matters, and we’re here to help you every step of the way.