If you have been involved in a bicycle accident, you will need the immediate assistance of a Cherry Hill bicycle accident lawyer. Drivers have an obligation to watch out for bicyclists, but unfortunately, when a collision with a bicyclist occurs, the driver of the vehicle is frequently at fault.
If you have been injured in a bicycle accident with a motorist, the driver responsible for hurting you may also be liable for the damages you have suffered. Contact an experienced bicycle accident attorney to learn more about your rights following a bicycle accident.
Cherry Hill Bicycle Accident Facts
Bicycle accidents involving vehicles are all too common, despite many legislative efforts to make drivers more aware of bicyclists’ safety on the road, and strict penalties for drivers who recklessly injure bicyclists.
The Pedestrian and Bicycle Information Center, a research group funded by the Federal Highway Administration, reports about 45,000 bicycle accidents annually, as well as roughly 800 accidents resulting in bicyclist fatalities.
Bicyclist fatalities have increased in the past decade, trending upwards at between six and 12 percent each year. Bicyclist injury reports have decreased some in recent years, but research also shows that as few as 10 percent of all bicycle injuries are even reported.
Common Causes of Bicycle Accidents
Some of the most common bicycle accidents involving vehicle drivers include situations in which:
- The road or weather conditions were unsafe for bicycles
- The auto driver operated the vehicle recklessly
- The bicyclist failed to follow applicable roadway or signaling guidelines
- The driver was speeding excessively or driving dangerously for the road conditions at the time
- The driver was under the influence of drugs or alcohol
- The driver was distracted by texting, or using email or social media while driving
- The driver was drowsy or fell asleep
Helmet Laws and Negligence in Personal Injury Cases
New Jersey law requires bicyclists who are age 17 and younger to wear a helmet at all times while operating a bike, with a few exceptions. This means that adults are not legally required to wear bicycle helmets.
However, the fact that a cyclist was not wearing a helmet could still potentially be used against a claimant to bar them from recovering compensation, under the argument that they contributed to their own injuries. Regardless of whether a bicyclist was wearing a helmet or not, an experienced bike accident attorney can help.
New Jersey Comparative Negligence Doctrine
New Jersey operates under the so-called comparative negligence rule, where victims may still recover compensation from the injurious party, even if the victim contributed to their own injuries, so long as their contribution was not more than 50 percent at-fault.
In other words, as long as a victim was not more responsible than the other party, they may still seek damages for their injuries. This means that even if a bicyclist failed to wear a helmet or took another potentially negligent action, they could still recover compensation from the vehicle driver involved.
Role of a Cherry Hill Lawyer
No matter what caused your Cherry Hill bicycle accident, it is important to speak with an experienced attorney about your case. A Cherry Hill bicycle accident lawyer can examine the circumstances that led to your bike accident and determine who may have been at fault under New Jersey law.
You may be eligible for compensation for your medical bills, rehabilitation costs, missed wages, property damage, and other losses you have suffered.