As a personal injury lawyer in Denville, New Jersey, I have seen firsthand the devastating impact that bicycle accidents can have on cyclists and their families. Whether you’re a seasoned rider or just starting out, it’s important to understand your rights and responsibilities in the event of a bicycle accident.
Understanding Liability in Bicycle Accidents
When a bicycle accident occurs, determining liability is crucial in pursuing a claim for damages. In New Jersey, liability for a bicycle accident is typically based on negligence. This means that if someone acted negligently and caused the accident, they may be held responsible for any resulting injuries or damages.
Common examples of negligence in bicycle accidents include:
- Distracted driving
- Failing to yield the right of way
- Speeding
- Running a red light or stop sign
- Opening a car door into a cyclist’s path
If you have been injured in a bicycle accident due to someone else’s negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. It’s important to gather evidence such as witness statements, photographs of the accident scene, and medical records to support your claim.
Insurance Coverage for Bicycle Accidents
In New Jersey, cyclists who are injured in a bicycle accident may be covered by their own auto insurance policy or the at-fault driver’s insurance policy. Under New Jersey law, all auto insurance policies must include personal injury protection (PIP) coverage, which provides benefits for medical expenses and lost wages regardless of who is at fault for the accident.
If the at-fault driver does not have insurance or does not have enough coverage to fully compensate you for your injuries, you may be able to file a claim with your own insurance company under the uninsured/underinsured motorist coverage. This coverage can help cover the gap between the at-fault driver’s insurance limits and your actual damages.
Statute of Limitations for Bicycle Accident Claims
In New Jersey, there is a limited amount of time in which you can file a bicycle accident claim. The statute of limitations for personal injury claims, including bicycle accidents, is two years from the date of the accident. It is important to act quickly and consult with an experienced personal injury lawyer to ensure that your claim is filed within the appropriate timeframe.
Comparative Negligence in Bicycle Accidents
New Jersey follows a comparative negligence rule, which means that if you are partially at fault for the accident, your compensation may be reduced by the percentage of fault assigned to you. For example, if it is determined that you were 20% at fault for the accident, your total compensation will be reduced by 20%.
It’s important to note that even if you were partially at fault for the accident, you may still be entitled to receive compensation. An experienced personal injury lawyer can help advocate on your behalf and ensure that you receive fair compensation for your injuries.
Contact a New Jersey Bicycle Accident Lawyer
We have a proven track record of successfully handling bicycle accident claims and helping our clients receive the compensation they deserve. Contact us today to schedule a free consultation and learn more about how we can help you navigate the complexities of a bicycle accident claim in New Jersey. Your rights and future well-being are our top priority, and we are here to fight for the justice and compensation you deserve.