If you’ve been involved in a bike accident with a car in New Jersey, you’re probably dealing with more than just the shock. Medical appointments, a damaged bike, and missed work, combined with the insurance maze, can create significant stress and uncertainty. At some point, you might start asking: Do I have a legal case?
That’s a reasonable question. New Jersey has specific laws around vehicle-bicycle accidents, and depending on how the crash transpired, you might have legal options. Understanding how fault is determined and how insurance coverage works in bicycle collisions can help you make informed decisions about what to do next.
New Jersey Law and Cyclist Rights
New Jersey treats bicycles like vehicles when it comes to traffic laws. That means cyclists have the right to ride on most roads, and drivers are expected to share the road, stay alert, and watch out for cyclists.
When a car hits a cyclist, determining who is at fault is crucial. Did the driver fail to yield, speed, or act carelessly? Or was the cyclist doing something risky or illegal at the time?
Every case is different. Sorting out what really happened often involves reviewing photos, speaking with witnesses, checking available traffic footage, and sometimes consulting with accident reconstruction experts. Every detail counts when you’re building a bike accident claim or lawsuit, so the more information you can provide, the stronger your potential case may be.
When Can You File a Lawsuit?
If you were hurt in the crash and the driver was at least partly to blame, you might have a valid personal injury case. New Jersey follows something called modified comparative negligence. In plain English, that means:
- If you were less than 51% at fault, you can pursue compensation.
- If you were 51% or more responsible, you probably can’t recover damages, and you may need to cover some or all of your expenses out of pocket.
Depending on the facts of your case, you could seek compensation for things like medical bills, lost income, and pain and suffering.
What About Insurance?
New Jersey is a no-fault state, meaning that when someone sustains injuries in an accident, their insurance company covers the costs, regardless of who was at fault. However, this law mainly applies to drivers.
As a cyclist, you may still be able to file a claim against the driver’s liability insurance or use your auto insurance, if applicable, depending on the details of your bike accident with a car. If that’s not an option and you carry auto insurance, your own PIP coverage might still apply, even if you were on a bike.
What To Do After a Vehicle-Bicycle Accident
If you’ve been in a bicycle collision, some steps may help preserve important information related to your potential claim.
- Contact law enforcement and file an accident report
- Get contact information from the driver and any witnesses
- Take photos of the scene, your bike, and any visible injuries
If you have bike crash injuries, seek medical care immediately, even if you feel okay. Some injuries may not be apparent right away, and medical records are crucial in building a case.
Talk With a New Jersey Bike Accident Lawyer
At Ostroff Godshall Injury and Accident Lawyers, our team has experience handling accident cases involving bikes with cars. The legal aspects of a bike accident claim can seem overwhelming, but we can help explain your legal options based on your specific situation.
If you have questions about your options, give us a call at 855-604-9192. We’re here to listen and help you understand the next steps.
Frequently Asked Questions (FAQ):
Q: What should I do immediately after a bike accident with a car in New Jersey?
A: Contact law enforcement, gather driver and witness information, take photos, and seek medical attention even if injuries aren’t immediately apparent.
Q: Can a cyclist still recover damages if they were partly at fault in a New Jersey bike accident?
A: Yes, New Jersey follows modified comparative negligence, allowing you to seek compensation if you were less than 51% at fault.
Q: How does New Jersey’s no-fault insurance law apply to bike accidents with cars?
A: While New Jersey is a no-fault state primarily for drivers, cyclists may still file a claim against the driver’s liability insurance or potentially use their own auto PIP coverage.
