Dynamics of Cherry Hill Bicycle AccidentsRequest a Free Consultation
In New Jersey, the regulation defines a bicycle as any two-wheeled vehicle having a rear drive which is solely human powered and having a seat height of 25 inches or greater when the seat is in the lowest adjustable position. Anyone riding a bike is required to follow the same rules and responsibilities that a motor vehicle would when driving on the roadway. Anyone who has been harmed by another party while on a bicycle should contact a distinguished bike accident attorney who can help build a case for the appropriate amount of damages.
There are a lot of businesses in Cherry Hill, which means a lot of traffic in these areas. If they are going to ride their bicycle in these very congested areas, that person needs to be sure to abide by all the State Laws. Operating a bicycle is the same traffic rules as operating a vehicle. Anyone riding with traffic should abide by the traffic signals and any regulatory traffic devices that are in place. These congested areas can get be difficult to maneuver, especially during the week in the busier times of the day.
Unique Aspects of Bicycle Accidents
The dynamics of Cherry Hill bicycle accidents differ from other kinds of accidents because the bicyclist does not have the protection of the vehicle such as the metal that surrounds a passenger or a driver that protects them including airbags, seatbelts. When a bicyclist is involved in an accident, there is really nothing protecting them. They are completely exposed to not only to a vehicle that hits them but if they get thrown from their bicycle when they hit the ground.
Motor vehicles do not always understand that a bicyclist has the same rights and just because they are in a vehicle does not give the person greater rights than that person on a bike. Because they are moving with traffic and they are going a little bit faster than a pedestrian would be walking, they tend to have more accidents. There are no seatbelts, airbags, or cushioning to help prevent significant injuries. Even those stemming from minor incidents or minor accidents can result in significant injuries like head injuries, broken bones, lacerations and bruising. Bicycle accidents can even result in death.
The factors that apply to pedestrian accidents are that people are walking on the sidewalks or crossing the street at designated crosswalks. It is also the law in New Jersey that pedestrians always have the right of way and everyone seems to know that and understand that. Some dynamics of Cherry Hill bicycle accidents are that they are often in the same lanes of travel as motor vehicles when they are on the roadway.
Role of a Contributory Negligence
Cherry Hill operates under comparative negligence which means that the person’s award for their pain and their suffering and their economic losses would be reduced by whatever they were considered to be comparatively negligent assuming that their comparative negligence does not exceed 50 percent. If it exceeds 50 percent, they are not entitled to make a recovery against the other person. If it is 50 percent or less, their damages would be reduced by their percentage.
The dynamics of Cherry Hill bicycle accident and how it occurred are looked at and evaluated. Comparative negligence means the other driver would be arguing that the bicyclist was somehow at-fault for the accident. There is 100 percent of negligence to go around and it would eventually be a jury’s responsibility to assign a portion the percentages of responsibility against the vehicle and against the bicyclist.
Legal Considerations for Determining Liability
What an attorney will want to determine with their client is how the accident occurred. They do this by asking their client questions, collecting evidence and speaking with witnesses. They will want to know the layout of the area and the roadway, such as whether there were bicycle lanes or traffic control devices. It will also be important to consider where the bicyclist was in relation to the location of the driver. There are many dynamics of Cherry Hill bicycle accidents that go into determining how the accident occurred.
This is going to impact the client’s case because it will determine who was responsible for this accident. The attorney will want to know if the bicyclist shares any of the responsibility for the accident. A personal injury attorney can begin to preserve evidence and look at all the factors surrounding the case, interview witnesses if necessary, obtain photographs, videos and anything that is available to evaluate and show who is responsible.
No-Fault Insurance Benefits
When a person comes to the State of New Jersey his car insurance policy does business in New Jersey, that policy would provide the same no-fault benefits as if the bicyclist resided in New Jersey. Benefits of no-fault insurance that stay with someone depend on the specific language of their insurance policy, and there may be certain out-of-state policies that prohibit bicycling riding in other states or disclaim coverage for that. It really is going to depend on the specific language.