Understanding Bicycle Accidents in New Jersey
In New Jersey, bicycles on the road are treated as vehicles, meaning that while riders must follow all traffic laws, they must also yield as they would to any other vehicle. Drivers must also be vigilant for cyclists nearby and ensure they have enough space to avoid collisions. If they fail to do so, speaking to one of our bike accident lawyers may be in your best interest.
Injuries from bicycle accidents are often more severe than those in two-vehicle collisions, and cyclists lack many of the safety features found in vehicles. Given the often-extreme nature of these accidents, working with a bicycle injury law firm in New Jersey is essential, as insurance adjusters may attempt to shift blame onto the rider.
Bicycle Accidents in New Jersey Communities
New Jersey has several areas where bicycles are a common mode of transportation. While cycling is seen frequently, busy roads, poorly marked intersections, and inadequate bike lanes can present hazards. Whether it be a leisurely ride along the shore or riding through more metropolitan areas while commuting to work, cyclists are entitled to the same reasonable expectations of safety as any other driver on the road.
Having a bike crash lawyer who understands New Jersey laws can be invaluable after an accident. This ensures that you have an advocate familiar with the laws that apply specifically to New Jersey and can help you understand the full scope of what your case may be worth.
Bicycle Accident Statistics
As distractions on the road increase, so do bicycle accidents. New Jersey has a significant number of bicycle accidents, ranging from minor to severe, that may require the assistance of bicycle injury lawyers.
- Between 2016 and 2020, the New Jersey Safe Routes Program cited more than 31,000 bicycle accidents, with roughly 3% of those crashes being fatal.
- According to the National Highway Traffic Safety Administration (NHTSA), the percentage of traffic fatalities involving cyclists in New Jersey was 4.5%, significantly higher than the national average of 2.9%.
Damages Available in Bicycle Accident Lawsuits
When it comes to recovering damages in New Jersey, qualified bicycle crash law firms understand how to help you receive the most compensation. There are three recognized types: economic damages, non-economic damages, and in rare cases, punitive damages.
Economic Damages
Economic damages describe items that can be quantified in dollar amounts.
- Emergency care
- Surgeries
- Rehabilitation
- Future medical costs
- Lost wages
- Loss of future earnings
- Bike and gear damage
Non-Economic Damages
Non-economic damages refer to losses that may not be easily calculated but still have a significant effect on your life.
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
Punitive Damages
Punitive damages are rare and are intended to punish the driver rather than reimburse the victim. They may apply if a driver intentionally injured a cyclist or acted with willful negligence.
Bike Injury Lawyers Can Help with Insurance Issues in New Jersey
Determining who is financially responsible after a bicycle accident can be challenging and may require the help of a bicycle crash lawyer. Personal injury protection (PIP) insurance is required in New Jersey for all drivers. If you own a car and have auto insurance, your own PIP coverage will generally cover your medical costs after a bicycle accident. If you do not have auto insurance, your health insurance would typically apply.
For non-economic damages such as pain and suffering, lost income, or loss of enjoyment of life, you may recover compensation from the at-fault driver. The driver's liability insurance often covers property damage and related expenses.
Common Causes of Bicycle Accidents
- Distracted driving
- Driving while intoxicated
- Failure to yield
- Speeding
- Aggressive driving
- Poor road conditions
- Inadequate bike lane maintenance
- Poor lighting
What to Do After a Bicycle Accident
- If possible, move off the road to a safe area
- Call 911 and request medical care and police
- Take photos and videos of the scene
- Keep your bike, helmet, and other equipment
- Collect witness information
- Note weather conditions or other contributing factors
- Avoid making statements to insurance companies
- Contact a qualified bicycle accident lawyer
Comparative Fault in New Jersey Bicycle Accident Claims
New Jersey follows a modified comparative negligence system (N.J.S.A. 2A:15-5.1). If you are less than 51% at fault, you may recover damages, but your compensation will be reduced by your percentage of fault.
How Bike Accident Attorneys Determine Liability
- Drivers: The motorist who struck the cyclist or contributed to the crash.
- Employers: If the bicyclist was performing job duties at the time of the accident.
- Municipalities: When poor road conditions or missing signage contribute to the crash.
- Multiple parties: More than one party may share responsibility.
Why Choose Scura, Wigfield, Heyer, Stevens & Cammarota, LLP
At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we believe everyone deserves fair representation. Our team has helped clients recover millions in damages and brings deep knowledge of New Jersey personal injury law to every case.
Our firm utilizes advanced litigation strategies including mock jury focus groups and case evaluation by experienced attorneys and retired judges. With offices serving Wayne, Clifton, Newark, Secaucus, Hoboken, and Hackensack, our team understands the courts, roads, and legal issues specific to New Jersey.
Frequently Asked Questions About Bicycle Accidents in New Jersey
- Do Cyclists Have the Same Rights as Drivers?
- Yes. In New Jersey, cyclists are treated as equal road users and have the same rights and responsibilities as drivers.
- What if I Wasn’t Wearing a Helmet?
- Not wearing a helmet may complicate your case, but it does not automatically prevent you from recovering damages.
- What if a Car Hit Me and Fled?
- If a driver flees the scene, criminal charges may apply and your uninsured motorist coverage may help cover your damages.
- How Long Will My Case Take?
- The timeline varies depending on liability, injuries, and negotiations. Some cases resolve in months, while others take longer.
Contact Our New Jersey Bicycle Crash Lawyers
If you have been injured in a bicycle accident, you deserve experienced representation. Contact Scura, Wigfield, Heyer, Stevens & Cammarota, LLP today to schedule a free consultation and learn how we can help you pursue the compensation you deserve.