If you're wondering how to get a bicycle accident settlement in New Jersey, you're not alone. Bicycle accidents happen more often than you think, and usually result in injury that can be severe, which can lead to expensive medical bills, lost earnings and even permanent disability. Injuries can prompt a legal claim that can potentially result in a settlement. But, what exactly can you expect? There is not one answer to this question, but we discuss the possibilities and steps you should take after a bicycle accident takes place in the following article.

After an accident involving a bicycle, your first concern should be to get the medical attention you need, so you can heal and get back on your feet. Though your health is important, thinking about medical bills, time away from work and other losses may be stressful. A settlement from an insurance company may be on the table, but how can you know what is enough? It’s not always a straightforward answer, which is why contacting an injury lawyer such as Brandon J. Broderick can help answer many of the initial questions you may have.

With a little bit of research and careful documentation, you can get the settlement you deserve.

How Often Do Bicycle Accidents Happen & How Often Are They Fatal?

With an average of over 200 bike or pedestrian deaths each year in New Jersey, bicycle accidents should be of concern to those who frequently travel on a bicycle, whether it is your daily mode of transportation or you ride simply for leisure.

The New Jersey State Police reports that in 2020, there were 18 bicyclists and nearly 180 pedestrians killed in New Jersey traffic accidents. What this says is: if you ride a bicycle or walk in the state of Jersey, you want to be careful.

Common Bicycle Accident Injuries

We’ve talked about the statistics and things you think about regarding New Jersey bicycle accidents, but what are the types of injuries that happen in these accidents? There are a number of injuries that occur in the upper or lower extremities, as well as the head and neck. Abrasions, concussions, and lacerations are among the most common superficial injuries that occur. But, a bicyclist that has been in a severe accident may suffer from broken bones, dislocations, strains and even death.

Bicycle accidents that involve a motor vehicle are more likely to suffer a brain injury than those who are not. It can often result in long-term impairments because of head trauma.

Below are some of the most common injuries that occur:

  • Contusions
  • Abrasions
  • Lacerations
  • Strains
  • Fractures
  • Cranial hemorrhage
  • Concussions
  • Ruptured spleen
  • Pancreatic trauma
  • Bowel contusions
  • Hernia
  • Renal contusions

What Can Be Recovered After You Are In A Bicycle Accident?

You're entitled to compensation after a bike accident. This includes damages that are incurred as a result of the accident. These losses may include:

  • Medical costs
  • Recovery costs: rehabilitation services, such as physical therapy
  • Lost earnings, as a result of not being able to work due to injuries or disabilities
  • Pain and suffering as a result of your injuries and the accompanying medical care you received
  • Loss of enjoyment of life as a result of physical disability or disfigurement
  • Property damage: costs of the damage to your bicycle, as well as the expense of repairs or replacement

Who is Liable In A Bicycle Accident in New Jersey?

The amount of damages you may get for a personal injury depends on which of the four fault systems the state you live in uses. New Jersey, for example, follows a modified comparative fault rule of 51%, which implies that if an accident or injury occurs, the person who was at fault is liable for the injured person's damages – related to the accident, of course.

In New Jersey, under the modified comparative fault rule, the injured party may only claim damages if he or she carries less than a 51% share of the responsibility. This percentage is determined by the court, which places a percentage of liability to each party. For example, if the injured party is found to be 52% liable, they would be entitled to no damages. However, if you are found to be 40% liable and were awarded $100,000, you would get $60,000 after it is reduced by 40%.

This can be hard to figure out on your own, which is why it is essential to consult with a New Jersey bicycle accident lawyer. They can help you determine who is at fault, what you can seek in damages and your chances of winning.

Should I Hire A Bicycle Accident Lawyer?

Having a bicycle accident lawyer (otherwise known as a personal injury lawyer) on your side may benefit you for two reasons.

No-Fault Personal Injury Protection (PIP) insurance is required for all New Jersey drivers, regardless of who is at fault. This insurance will cover the driver's medical costs, regardless of who is at fault. Generally, PIP only covers the driver and their passengers. In the event of an accident with a pedestrian or bicycle, however, the injured party is also covered by this policy.

Additionally, there is a minimum of $15,000 in bodily injury coverage that is required for New Jersey drivers. If, however, your accident-related medical expenses exceed the driver's insurance coverage, you will have to look into alternative methods for collecting all losses.

If your bicycle accident doesn't involve another vehicle at all, it may have been caused by a hazard on the road, a pothole, or other debris. If the bicycles are legally permitted to use a property where the accident took place, they could potentially file a legal action against the property's owner. Under premises liability law, it is a property owner's responsibility to maintain the property and keep those allowed to use it safe from potential hazards.

If the accident was caused by a broken sidewalk or bad road condition, the city, county, or municipality may be at fault. In this case, consulting a pi lawyer who is knowledgeable in suing a city or municipality would be in your best interest.

Brandon Broderick Can Help If You Have Questions About Your Bicycle Accident Injury

Retaining the legal services of an experienced bicycle accident lawyer might make a huge difference in the result of your case. Why take the risk of not receiving the highest possible settlement?

The New Jersey bicycle accident lawyers of Brandon J. Broderick, Attorney at Law advise anybody who has been injured in a bicycle accident to get in touch with us right away. In order to fight for your rights and get maximum compensation, time is important. We'll evaluate your case and collect all the evidence and information possible. We offer free consultations to all potential clients.

Posted by: Brandon J. Bro…
Date: Wed, 08/03/2022 - 02:19

Still have questions?

Speak to an attorney today

Call now and be done