Camden County Bicycle Accident Lawyer
When a bicycle accident happens to a loved one in Camden County, legal services such as those provided by a Camden County bicycle accident lawyer, who has successfully handled many of these cases, are necessary to serve the injured person’s best interest. Bike accidents fall under New Jersey’s negligence statute. Experienced personal injury lawyers know that negligence is legally defined as failing to use sufficient care that a prudent person would use in the same circumstance. En Español.
New Jersey has adopted the modified negligence standard, which assigns a percentage of fault in causing an accident that is determined by a judge or jury based on the facts involved. If a person who is bringing a lawsuit is 50 percent at fault, damages that person can claim are reduced by 50 percent. But if that person is 51 or more percent at fault no damages can be claimed.
Bicycle Accident Injuries
Camden County bicycle crash attorneys know that people on bikes are vulnerable to injuries that can be life-changing, including head trauma, brain injury, spinal cord, neck injuries, broken bones, internal injuries, and medical care. Related expenses can mount up fast.
Most bicycle accidents involve vehicles and occur because the driver is distracted, speeding, or turning. The most dangerous activities for bicyclists are, crossing a road, riding in traffic or against the traffic flow, and being on the road’s shoulder or a median. Some accidents happen on sidewalks because of imperfections on the sidewalk’s surface or a collision with a pedestrian.
One of the most serious injuries to a bicycle rider is a traumatic brain injury, which invovles their head hitting the ground, bike, or a vehicle. Wearing a helmet could absorb the shock from the impact and potentially save him or her from post-concussion syndrome, severe head trauma, and even death.
Camden County Helmet Laws
New Jersey law requires bicyclists aged 17 and younger to wear a helmet approved by the federal government. Studies show wearing a helmet during a crash can reduce serious injuries by between 63 and 85 percent. New Jersey encourages bicyclists to use an approved helmet. A helmet is defective when it does not buckle, has cracks in it, or does not fit properly.
Children under the age of 17 must always wear a helmet when riding a bicycle in Camden County. The only time one does not have to wear a helmet is when the road is closed to motor vehicles. Individuals who are over the age of 17 are not required by law to wear protective head gear on the roads.
When a cyclist is in an accident caused by another person and he or she is not wearing a helmet, they could be held liable for their own injuries. Contributory negligence applies to helmets even though there is no law that says that a bicyclist over the age of 17 must wear a helmet. A bicyclist who is not wearing a helmet at the time of his or her accident could impact their compensatory award. The opposing party may argue that the claimant’s injuries would be so severe had he or she been wearing a helmet. For example, a traumatic brain injury may not have happened if the cyclist was wearing protective head gear. The courts may apply comparative fault and deduct a certain percentage from the plaintiff’s monetary award for his or her shared liability.
Proving Negligence in a Cycling Case
The five elements of proving negligence include duty of care, breach, cause in fact, proximate cause, and damages. Duty of care means that an individual has a legal obligation to behave in a cautious, watchful manner toward another person or the public to avoid causing harm or property damage. One needs to prove that the negligent party’s behavior violated his or her legal duty of care. An omission could also be considered a breach.
Cause in fact means that the breach caused the accident. A particular and foreseeable event is considered the proximate cause. When actual financial damages occur, the accused party could be required to reimburse any losses he or she caused.
Additionally, not wearing a bicycle helmet may result in a comparative fault argument from the opposing party. A bicyclist has a duty to protect themselves and may be held liable for any injuries he or she sustains in an accident when they neglect to wear a helmet. If he or she is able to recover any kind of monetary damages for their injuries, the percentage of fault for their injuries could be deducted from their compensation. For example, if one is found five percent at fault, then five percent would be deducted from their recovery. For help with refuting allegations of shared fault, it is best to enlist the services of a well-versed bike wreck lawyer in Camden County.
Seeking the Help of a Camden County Bicycle Accident Attorney
New Jersey allows two years to bring legal action beginning at the date of the accident or the date an injury is discovered. For example, a case of whiplash may not reveal itself for days, weeks, or even longer after the accident. Failing to meet that deadline prevents a person from taking legal action in that matter.
It is best to promptly contact a Camden County bicycle accident lawyer to ensure that physical and testimonial evidence from the accident is quickly gathered before it is compromised. A bike lawyer could aggressively pursue fair and full compensation for the individual.
An attorney can help you assess the legal strength of the case, explain the law involved and the strict legal process. Those who choose our bicycle accident lawyer will not be charged attorney fees in the hiring. The lawyer is paid from the monetary damages that are awarded at the conclusion of the case.