Legal Options for Cyclists Hit by Motor Vehicles in New Jersey

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Cycling is an increasingly popular way to get around in New Jersey, whether for commuting or recreation. However, cyclists often face significant risks, especially when sharing the road with motor vehicles. In the unfortunate event of an accident, knowing your legal options is critical to ensure you receive proper compensation for your injuries and damages. This article will provide a comprehensive guide to the legal rights of cyclists in New Jersey, covering everything from filing personal injury claims to understanding comparative negligence laws.

 

Understanding Cyclists’ Rights in New Jersey

Cyclists in New Jersey are legally entitled to use the roads, just like motor vehicles. The state’s laws offer specific protections to ensure their safety. However, many motorists are unaware of these laws, which can lead to accidents. Knowing your rights as a cyclist can make all the difference in determining liability after a collision.

Key Protections for Cyclists Under New Jersey Law

One of the most important laws protecting cyclists in New Jersey is the Safe Passing Law, which requires motorists to leave at least four feet of space when overtaking a cyclist. Additionally, cyclists are allowed to use the full lane when necessary, such as when avoiding obstacles or preparing to turn. These laws aim to minimize the risk of accidents, but violations are still common. If a driver fails to follow these regulations, they may be held responsible for any resulting injuries or damages.

Traffic Laws That Safeguard Cyclists

Beyond the Safe Passing Law, New Jersey also has general traffic laws designed to protect cyclists. These include the requirement for cyclists to ride with the flow of traffic, obey traffic signals, and use hand signals when turning. Motorists are required to yield to cyclists at intersections and must be extra cautious when opening car doors to avoid causing a “dooring” accident.

 

Filing a Personal Injury Claim as a Cyclist

If you’ve been involved in an accident with a motor vehicle as a cyclist, one of the first steps you can take is to file a personal injury claim. This process helps ensure that you receive compensation for your medical bills, lost wages, and other damages resulting from the accident.

Step-by-Step Guide to Filing a Personal Injury Claim

1. Seek Immediate Medical Attention
   Even if you believe your injuries are minor, it’s essential to seek medical attention as soon as possible. Medical records are critical evidence in a personal injury case.
2. Gather Evidence
   Collect as much information as possible from the accident scene. This includes photographs, police reports, and contact details of any witnesses. Documentation is key to proving the other party’s fault.
3. Notify Your Insurance Company
   Depending on your coverage, your insurance may help cover your medical bills or damages. Report the accident promptly, but avoid giving detailed statements until you’ve spoken with a lawyer.
4. Consult a Personal Injury Lawyer
   Filing a claim can be complex, especially if liability is disputed. An experienced lawyer can help you navigate the process, ensure deadlines are met, and advocate on your behalf to get the best possible compensation.

Necessary Documentation and Evidence

When filing a personal injury claim, you’ll need several pieces of documentation:

1. Police Reports: These often include crucial information about the circumstances of the accident and may indicate who was at fault.
2. Medical Records: These demonstrate the extent of your injuries and the medical treatment you’ve required.
3. Photographs: Photos of your injuries, the accident scene, and damage to your bicycle can be compelling evidence.
4. Witness Statements: Eyewitnesses can provide unbiased accounts of how the accident occurred.

 

Comparative Negligence in New Jersey Cycling Accidents

New Jersey follows a comparative negligence rule in personal injury cases, which means that both the cyclist and the driver may share responsibility for the accident. This rule can impact the amount of compensation you can receive.

How Shared Fault Affects Compensation

Under comparative negligence, the court will assign a percentage of fault to each party involved in the accident. For example, if you, as the cyclist, are found to be 20% at fault, and the driver is 80% at fault, your compensation would be reduced by your percentage of fault. So, if your total damages are $100,000, you would receive $80,000 (i.e., the total amount minus your 20% share of the fault).

Examples of Comparative Negligence Cases

In some cases, both parties may have contributed to the accident. For example, if a cyclist runs a red light while a driver is speeding, both may be found partially at fault. However, under New Jersey law, as long as the cyclist is less than 50% at fault, they can still recover damages, though their compensation will be reduced by their percentage of fault.

 

No-Fault Insurance and Cyclists in New Jersey

New Jersey operates under a no-fault insurance system, which means that after an accident, you generally file a claim with your own insurance company, regardless of who was at fault. This system also applies to cyclists involved in motor vehicle accidents.

Coverage Options for Cyclists Under No-Fault Insurance

Cyclists may be covered by Personal Injury Protection (PIP) under their auto insurance policy, even if the accident occurred while they were biking. PIP benefits cover medical expenses and, in some cases, lost wages. However, PIP does not cover non-economic damages, such as pain and suffering, so you may still need to pursue a personal injury claim against the driver.

Filing Insurance Claims After an Accident

To file a no-fault insurance claim as a cyclist, you will need to contact your insurance company promptly after the accident. Provide them with the necessary documentation, including the police report, medical records, and details about the accident. Keep in mind that insurance companies often try to minimize payouts, so having a lawyer represent you can increase your chances of receiving full compensation.

 

Seeking Compensation for Injuries and Damages

After a cycling accident, you may be entitled to several types of compensation, including for medical bills, lost wages, and pain and suffering.

Medical Bills, Pain and Suffering, and Property Damage

In addition to covering medical bills, a personal injury claim can help you recover compensation for other damages, such as:

• Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you’ve lost.
• Pain and Suffering: This includes compensation for the physical and emotional distress caused by the accident.
• Property Damage: If your bicycle or other personal property was damaged in the accident, you could also seek compensation to repair or replace these items.

Legal Deadlines for Filing a Claim

In New Jersey, you generally have two years from the date of the accident to file a personal injury claim. This time limit is known as the statute of limitations, and failing to file within this period can result in losing your right to compensation. It’s crucial to act quickly to ensure that your case is filed on time.

 

Motorist Liability in New Jersey Bicycle Collisions

Motorists in New Jersey have a legal responsibility to watch for cyclists and follow traffic laws designed to protect them. If a driver fails to meet these responsibilities, they may be found liable for the cyclist’s injuries and damages.

Legal Responsibility of Drivers in Cyclist Accidents

Drivers are required to exercise reasonable care when sharing the road with cyclists. This includes obeying speed limits, yielding the right of way, and following all traffic laws. If a driver violates any of these obligations and causes an accident, they can be held liable for the resulting damages.

Hit-and-Run Accidents and How Cyclists Can Seek Recourse

Hit-and-run accidents can be particularly devastating for cyclists. If the driver flees the scene, cyclists may still have options for seeking compensation. In many cases, they can file a claim under their own uninsured motorist coverage if the driver cannot be located. Working with a lawyer can help ensure that all possible avenues for compensation are pursued.

 

Contact The Epstein Law Firm, P.A. Today

If you’ve been injured in a cycling accident in New Jersey, it’s important to seek legal advice to protect your rights. A personal injury lawyer can help you navigate the complexities of filing claims, negotiating with insurance companies, and ensuring you receive the compensation you’re entitled to. Don’t delay—contact The Epstein Law Firm, P.A. today to discuss your legal options.