Bicycle accidents are relatively common and rarely leave bikers uninjured. Our attorneys can guide you along the path to compensation for a bicycle accident injury and work hard to maximize your recovery.
More often than not, negligent drivers cause bicycle accidents. As in most other auto accidents in New Jersey, the severity of the injuries and the insurance type determine whether you have the right to sue after a bicycle accident. You only have 2 years to exercise that right and file a lawsuit, which could settle or go to court. Settlements are more common than trials, but our lawyers can prepare to meet the standard of proof in either case.
For your free case assessment from our New Jersey personal injury lawyers, call Agrapidis & Maroules, P.C. at (201) 777-1111.
Your Guide to New Jersey Bicycle Accident Injury Lawsuits
We can answer any questions you have about pursuing compensation after a bicycle accident and take you through each stage of an injury lawsuit in New Jersey.
Top Causes
Top causes of bicycle accidents include negligent drivers failing to yield to a biker’s right of way, veering into a bike lane, opening a door into a bike lane, distracted driving, speeding, and drunk driving. Such accidents often occur because negligent drivers fail to see or account for bicyclists.
Pedestrians may even be partially at fault for some bicycle accidents if they step into a bike lane without looking and exercising reasonable care.
Right to Sue
Your right to sue after a bicycle accident in New Jersey depends on multiple factors. First, we must confirm the type of personal injury protection (PIP) insurance that covers you, and whether it is the limitation on lawsuit option or the no limitation on lawsuit option.
If you have the limitation on lawsuit option, we must then assess your injury to determine whether it is “serious.” A serious injury gives you the right to sue and seek non-economic damages, which PIP doesn’t provide. Death, dismemberment, significant scarring or disfigurement, displaced fractures, loss of a fetus, and other permanent injuries meet New Jersey’s definition of serious.
If you have the no limitation on lawsuit option, you maintain the right to sue and seek non-economic damages for any injury caused by a negligent driver during a bike accident, even if it is not a “serious” injury.
Statute of Limitations
Personal injury lawsuits are beholden to a statute of limitations. In general, a plaintiff has only 2 years from the date of their bicycle accident to file a lawsuit. If the statute of limitations expires before you bring a claim, you are blocked from getting any compensation.
Sometimes, the accrual date is not the date of the accident but a later date, such as when a victim injured as a minor turns 18. The statute of limitations is still 2 years, but the clock starts later, giving you more time to seek compensation.
Standard of Proof
You need to know what you have to prove in a bicycle accident injury lawsuit before filing one. If a lawsuit goes to trial, it’s the plaintiff’s burden to prove that the defendant is the liable party, more likely than not. This is known as the “preponderance of the evidence” standard.
Effect of Shared Fault
Contributing to a bicycle accident doesn’t stop you from seeking damages, as long as your negligence was not greater than the defendant’s. Whatever percentage of fault is attributed to you is the percentage by which your damages are reduced.
Recoverable Damages
After a bike accident, economic damages are recoverable. Damages from medical treatment and being unable to work can add up fast, especially after pedestrian accidents that end in serious injuries. Lawsuits can also yield non-economic damages, which you cannot get from your PIP carrier. Our Mahwah, NJ personal injury lawyers can translate the physical, mental, and emotional consequences of a bad injury into a request for relief from non-economic damages.
Settlements vs. Trials
If you file a lawsuit after a bicycle accident in New Jersey, there’s a high chance it will settle outside of a courtroom. Trials are less common when there is strong evidence of the defendant’s liability, and either party wants a fast and private resolution. That doesn’t mean a trial is completely out of the question, however, and is the route some bicycle accident lawsuits must take for plaintiffs to get enough damages.
FAQs About Bicycle Accident Injury Lawsuits in New Jersey
When is Filing a Bicycle Accident Injury Lawsuit Worth It?
Filing a bicycle accident lawsuit is worth it if your injuries landed you in the hospital, have prevented you from returning to work, or have caused you considerable mental and emotional distress.
What Evidence Do You Need for Your Bicycle Injury Accident Lawsuit?
To prove a bicycle accident lawsuit, we may use photos, medical records, videos, and eyewitness statements.
How Long Do Bicycle Accident Lawsuits Last in New Jersey?
All cases are unique, involving different injuries, sums of damages, involved parties, and circumstances. We can estimate, but not guarantee, how long it may take to get compensation and keep you updated on the status of your case as it progresses.
What is a Good Bicycle Accident Settlement in New Jersey?
A good bicycle accident settlement is the only kind worth accepting to resolve your lawsuit. Good settlements cover medical expenses, lost wages, pain and suffering, and other damages we can prove you only incurred because of the accident.
What Happens When Bicycle Accident Lawsuits Go to Court?
When a bicycle accident lawsuit goes to court, our attorneys present evidence of the defendant’s negligence. We may receive settlement offers after a trial begins, which you can accept to resolve the case sooner.
Get Our Help After a NJ Bicycle Accident
Call the Newark, NJ personal injury lawyers of Agrapidis & Maroules, P.C. at (201) 777-1111 for help with your case today.