Bicycle accidents can happen in the blink of an eye, leaving cyclists with serious injuries and mounting medical bills. Whether it’s a collision with a motor vehicle, a fall caused by road hazards, or an incident involving a pedestrian, the aftermath of a bike accident can be both physically and emotionally overwhelming. In New Jersey, cyclists face numerous risks on the road, and understanding who is responsible in the event of an accident is important when seeking justice and compensation.

Recent statistics highlight the growing concern over bicycle safety in New Jersey. According to the New Jersey Department of Transportation, there were 1,309 bicycle crashes in 2019 alone, with several resulting in fatalities and severe injuries. These figures underscore the importance of awareness about legal protections for cyclists.

At Brandon J. Broderick, Attorney at Law, we have a team of bicycle accident lawyers in NJ who can help. We will help you understand their rights and see the best possible settlement in your case.

Determining Liability in Bike Accidents

Bike accidents can occur due to various factors. Common causes of such accidents include:

• Driver Negligence: Motorists failing to yield the right of way, running red lights, or driving distracted can cause severe collisions with cyclists.
• Road Hazards: Poorly maintained roads, potholes, debris, and other hazards can lead to accidents.
• Defective Equipment: Faulty bike parts or safety gear can contribute to accidents and injuries.
• Pedestrian Actions: Pedestrians stepping into bike lanes or crossing streets unpredictably can also cause accidents.

Legal Responsibilities of Drivers

In New Jersey, drivers have a duty to exercise reasonable care to avoid causing harm to others, including cyclists. When a driver’s negligence leads to an accident, they can be held liable for the damages. This includes scenarios such as:

• Failure to Yield: Drivers must yield to cyclists at intersections and crosswalks.
• Distracted Driving: Using a phone or other distractions while driving can lead to accidents.
• Speeding: Excessive speed reduces the driver’s ability to react to cyclists and avoid collisions.

Legal Responsibilities of Cyclists

Cyclists in New Jersey also have certain legal responsibilities to ensure their safety and the safety of others. These include:

• Obeying Traffic Signals: Cyclists must adhere to traffic lights and stop signs.
• Using Bike Lanes: Where available, cyclists should use designated bike lanes.
• Proper Signaling: Cyclists should use hand signals to indicate turns and stops.

Shared Fault and Comparative Negligence

New Jersey follows the rule of comparative negligence, meaning that fault can be shared between parties involved in an accident. If a cyclist is found to be partially at fault, their compensation may be reduced by their percentage of fault. For example, if a cyclist is deemed 20% at fault for not using a designated bike lane, their compensation will be reduced by 20%. However, if the cyclist is found to be more than 50% at fault, they may be barred from recovering any damages.

Legal Options for Bike Accident Victims

Filing a Personal Injury Claim

Victims of bike accidents caused by another party’s negligence can file a personal injury claim to seek compensation for their damages. This includes:

• Medical Expenses: Coverage for all medical treatments related to the injury, including emergency care, surgeries, and rehabilitation.
• Lost Wages: Compensation for income lost due to the inability to work during recovery.
• Pain and Suffering: Damages for physical pain and emotional distress caused by the accident.
• Property Damage: Reimbursement for damage to the bicycle and other personal property.

Uninsured Motorist Coverage

If the driver responsible for the accident is uninsured or underinsured, the cyclist may be able to claim compensation through their own insurance policy’s uninsured/underinsured motorist coverage. This type of coverage can help cover medical expenses and other damages when the at-fault driver’s insurance is insufficient.

Filing a Claim Against a Municipality

In cases where road hazards or poor maintenance contributed to the accident, the cyclist may have grounds to file a claim against the municipality responsible for the roadway. However, claims against government entities can be complex and are subject to specific procedures and deadlines.

Call Us Today For Legal Help

If you or a loved one has been injured in a bicycle accident, Brandon J. Broderick, Attorney at Law, is here to support you. Our dedicated team of attorneys has extensive experience handling bike accident cases.

Contact us today for a free consultation to discuss your case and learn more about your legal options.