Recovering Compensation Following a New Jersey Bicycle Accident

Reviewed by Daniel P. McNerney, Esq.

Bicycles are fantastic in that they’re economical, healthy alternatives to driving a car. In fact, they’re also great for the environment. However, they are not always safe, and if you were involved in a bicycle accident, you are most likely now severely injured as a result. Here are some of the questions you may have about pursuing legal actions against the driver who hit you.

May is National Bicycle Safety Month, which is why we want to emphasize preventative care on the road. Before you ride, consider these essential safety tips to protect yourself:

• Inspect your bicycle before heading out for a ride. This includes ensuring tire pressure is set at levels in line with the manufacturer’s recommendations and checking that brakes are fully functional.
• Bike in the same direction as traffic. Ride in a straight line on the shoulder and always use appropriate hand signals when turning.
• Always wear a helmet. Ensure it complies with the U.S. Consumer Product Safety Commission’s (CPSC) standards.
• Adhere to the rules of the road, including stopping at stop signs and traffic lights, yielding when necessary, and adhering to all traffic laws.
• Wear bright colored clothing, hi-vis vests, and utilize lights or reflectors, especially when riding at night.
• Remain alert to your environment, including remaining on the lookout for unsafe road conditions, dangerous drivers, and other hazardous conditions.

What can cause a bicycle accident?

Bicycle accidents are not uncommon, and when they happen, they are often far more severe than all other auto accidents, as cyclists, aside from their helmets, have next to no protection from other motor vehicles. The most common cause of bicycle accidents is driver negligence. We live in a world where motorists are constantly checking their phones without hands-free technology, recklessly speeding, weaving in and out of lanes, driving while fatigued, or exhibiting general carelessness behind the wheel. Sometimes they are even driving under the influence of drugs or alcohol. This is unacceptable, and injured cyclists often carry long-term burdens for the rest of their lives because of it.

How do I know if I qualify for compensation?

The deciding factor in recovering the compensation you need is whether you can prove that you were injured due to another party’s negligence. This may seem fairly simple; however, insurance companies will try whatever they can to get in the way of you receiving the payment you need to heal. That is why it is always best to first hire an experienced personal injury attorney.

Insurance companies will often attempt to shift blame to you, as, in accordance with New Jersey’s modified comparative negligence statute, outlined in N.J.S.A. 2A:15-5.1, you are legally entitled to recover financial damages as long as you are found to be 50% or less at fault for the accident. Similarly, your compensation can be reduced by your percentage of fault in the accident. As such, if you are determined to be 10% responsible, your award will be reduced by 10%.

Can I recover damages after I have been hurt in a bicycle accident?

Generally, financial responsibility for an accident involving a motorist and a cyclist will typically fall on the bicyclist, though dangerous property conditions may also contribute to the accident. Regardless, there are two different types of damages that can be recovered in a personal injury case:

• Economic damages: These include calculable damages, like reduced earning capacity, lost wages, medical costs, physical therapy and rehabilitation, and property damage.
• Non-Economic damages: This compensation can be more difficult to calculate, as it represents the intangible losses endured by an injured individual. These damages often include losses like pain and suffering, emotional distress, loss of enjoyment of life, and PTSD.

If you were injured in a bicycle accident and are unsure about whether or not you can obtain compensation, it is best to retain a skilled personal injury attorney to learn more about your options.

Why do I need to hire an attorney?

An attorney is familiar with the claims process, which can, at times, be very difficult to navigate. When you hire an experienced attorney, you ensure that you will have someone on your side capable of obtaining and presenting evidence to win your claim. Your attorney will work to recover security camera footage of the accident, medical documents regarding the injuries you have sustained, police reports of the incident, eyewitness testimony confirming your claim, and more.

What is the statute of limitations for personal injury claims in New Jersey?

The statute of limitations is the legally acceptable timeframe you will have to file a lawsuit against a negligent motorist. In New Jersey, the statute of limitations is two years from the date on which the injury occurred. This hard deadline is explicitly codified under New Jersey State Law at N.J.S.A. 2A:14-2(a). While two years may sound like a significant amount of time, it is always best to start the claims process as soon as possible. Within two years, witnesses may move away, memories of the accident may become murky, and important documentation may be lost. If you file past the two-year mark, you will be barred from suing, ultimately prohibiting you from recovering compensation for the damages you have suffered. Our firm is ready to help.

Contact our experienced New Jersey firm

When someone is injured due to another party’s negligence, it is only right that they receive the justice they deserve. As a victim, your only job is to call us, and we will take it from there. Please, do yourself a favor and do not wait. If you or someone you know was injured in an accident and is seeking financial compensation, contact the legal team at McNerny & McAuliffe today. Our firm also has considerable experience handling other complicated legal matters related to divorce, family law, criminal law, and more. Regardless of your circumstances, our firm is ready to assist you during these difficult and often overwhelming times.