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If you have been involved in a biking collision, you may 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 cyclist 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 Cherry Hill personal injury attorney to learn more about your rights following a bike accident. En Español.
Why Choose a Cherry Hill Bicycle Accident Lawyer From Grungo?
A lawyer with a strong record of success in claims similar to your own puts a powerful voice behind your claim for the best possible outcome. By choosing representation by the Cherry Hill legal firm of Grungo Law, you’ll have the following advantages in your bicycle accident claim:
- An experienced legal team with decades of combined experience in New Jersey bicycle accident claims
- A winning record of securing over $135 million in settlements and jury verdicts for injured clients
- A legal team that combines cutting-edge technology for investigating your case with the timeless advocacy methods that have worked for clients for decades
- An attorney with sharply honed legal skills to maximize your chances of securing the full recovery of your economic damages plus compensation for pain and suffering
- A team of Cherry Hill accident attorneys who treat every client with the same dignity and compassion we’d use representing our own injured family members
Our Cherry Hill bicycle accident lawyers offer free case consultations and only take a fee if and when we give you your check for the compensation you deserve.
Cherry Hill Bicycle Accident Facts
Bicycle accidents involving vehicles are all too common, despite many legislative efforts to make drivers more aware of cyclists’ safety on the road and strict penalties for drivers who recklessly injure bike riders.
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. If there was a death involved in your accident, please contact a Cherry Hill wrongful death attorney today.
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 accident injuries are even reported.
Common Causes of Bicycle Crashes in Cherry Hill
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
Types of Bicycle Accidents In Cherry Hill
The majority of bicycle accidents occur due to driver error or recklessness. Common examples of bicycle accidents include collisions with motor vehicles caused by the following:
- A driver making a right or left turn at an intersection without watching for approaching bicyclists
- Driving too close to a bike lane
- Opening the door of a parked car into the path of an oncoming bicycle
- Following a bicycle too closely
When a driver is clearly at fault in an accident, they are liable for damages. Their insurance personal injury protection coverage must be paid out on the bicyclist’s damages. Because Washington is a pure comparative negligence state, a cyclist may be able to claim a portion of their damages even if they’re found to be partly at fault for the accident.
Helmet Laws and Negligence in Biking Collision Cases
New Jersey law requires bicyclists who are age 17 and younger to wear a helmet at all times while operating a bike, with 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 them 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 Cherry Hill bike accident attorney could help assert the defendant driver’s total liability and maximize the claimant’s damage award.
How Does the State’s Comparative Negligence Doctrine Impact Bike Accident Claims?
Cherry Hill courts operate under the comparative negligence rule, where injured cyclists may still recover compensation from the liable party even if they themselves contributed to the cause or severity of their own injuries, so long as their contribution did not exceed the defendant’s.
In other words, as long as a bike rider 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.
In this case, the compensation they receive is minus their percentage of fault. For example, if the cyclist was 25% at fault for an accident that required multiple surgeries and their claim for damages is $100,000 they can still recover $75,000.
Unfortunately, insurance companies sometimes take unfair advantage of the comparative negligence laws and attempt to assign a cyclist a greater percentage of fault than they’re due in order to minimize the amount they must pay out on the claim. A Cherry Hill bicycle accident attorney knows how to predict and counteract these common tactics.
Injuries From Cherry Hill Bicycle Accidents
A cyclist is completely unsecured and unenclosed on the open back of a bike, leaving them vulnerable to grave injuries in an accident—especially in a collision with an average 4,000-pound vehicle. Common injuries experienced in bicycle accidents range from minor and inconvenient to catastrophic and life-altering. Some injuries end in death, in which case the victim’s family members may be able to gain compensation for their loss and damages in a wrongful death lawsuit.
Common injuries seen in bicycle accident victims include:
- Brain injury
- Back and neck injury
- Road rash abrasions, lacerations, and bruises
- Spinal cord injury
- Soft tissue injuries
- And more
Injuries from bicycle accidents are painful and traumatic, requiring expensive medical treatment. Often this results in financial hardship for the victim and their family. A successful bike accident claim in Cherry Hill can help the victim recover damages so they aren’t left with an undue financial burden from the accident.
What to Do After a Bicycle Accident In Cherry Hill
Bicycle accidents are traumatic and painful. After a serious accident, you may be immobile and unable to safely move. In this case, you should remain in place and wait for help to arrive. If you are able to move safely and use your cell phone—or hand it to someone else to use for you—it becomes a helpful tool to document important evidence. Use your phone to do the following:
- Call 911 to report the accident and request emergency services
- Take photos of the accident scene
- Take photos of any visible injuries
- Add the contact information of the driver who hit you and any eyewitnesses
- If time allows, record your own statement about how the accident occurred while it’s fresh in your mind. You could also record eyewitness statements if they give permission
Once help arrives, accept transportation to the hospital and have a complete medical evaluation. Be sure to tell the doctor about all of your symptoms even if they seem insignificant. Some injuries don’t fully present themselves until later when the adrenaline rush subsides. Then be sure to:
- Ask for a detailed medical report with your prognosis and your recommended treatments
- Keep all medical bills and invoices
- Obtain a copy of the police report
- Avoid posting on social media
By keeping a cool head in the aftermath of a terrible accident, you can protect yourself by ensuring you have what you need to recover your damages so you can focus on healing from your injuries.
Determining Liability in a Bicycle Accident
Cyclists aren’t always perfect and may make mistakes when sharing the roadway with vehicles; however, most bicycle accidents result from negligent or reckless drivers. In fault-based insurance states like Washington, the injury victim is responsible for proving negligence on the party of the party at fault. A skilled accident attorney investigates the circumstances of the accident by reviewing the police report, examining photo and video evidence, deposing eyewitnesses, and consulting with accident reconstruction experts and medical professionals. Proving liability in an injury case requires showing the following legal points:
- That the party at fault owed a duty of care to take reasonable measures to prevent injuries
- They breached this duty by acting with negligence, recklessness, or wrongdoing
- Their breach of duty directly caused the injury
- The injury victim suffered significant damages from the injury
Once a Cherry Hill bicycle accident lawyer documents clear evidence of liability, they can make a compelling case for damages with the insurance company of the party at fault. In most cases, the insurance company offers a settlement for the damages. Only in less than five percent of cases does a bike injury claim proceed to courtroom litigation for damages when the insurance company fails to offer an acceptable settlement. If required, your attorney will file a lawsuit petition within the state’s statute of limitations.
Bicycle Accident Statute of Limitations In South Jersey
Like all states, Washington places a statute of limitations on personal injury claims, including those from bike accidents. An injury victim has two years from the date of their injury to file a claim for damages. New Jersey courts throw out cases filed past the statute of limitations and no insurance company will negotiate a settlement amount after the time limit passes.
There are only two exceptions to this time limit:
- Minors have up to three years from their 18th birthday to file a claim
- If a bike accident victim is later diagnosed with an accident-related injury, the 3-year limit begins on the date of their diagnosis.
Damages Available After a Bike Accident
The severe nature of most bicycle accident injuries means injury victims often suffer serious damages. Compensation is available for the following damages after a bike accident:
- Past and future medical expenses
- Lost income and future lost wages
- Diminished earning capacity due to accident-related disability
- Pain and suffering
- Other non-economic damages may be available for emotional trauma, PTSD, or loss of enjoyment of life
A Cherry Hill bicycle accident lawyer can diligently claim all available damages in your case to maximize the amount you recover.
Contact A Cherry Hill Bicycle Accident Lawyer Today
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 crash 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, so call our team today.