Bicyclist Injured at Jersey City Intersection: Rights and Legal Options

Each year, thousands of bicyclists are injured in traffic accidents, some fatally. In New Jersey, cyclists have the same rights and responsibilities as motor vehicle drivers, yet they are particularly vulnerable to negligent drivers and dangerous road conditions. If you’ve been injured while cycling at a Jersey City intersection, understanding your rights and legal options is crucial.

The Alarming Reality of Bicycle Accidents

Bicycle accidents are a growing concern, especially in densely populated urban areas like Jersey City. The New Jersey Division of Highway Traffic Safety has reported a steady increase in bicycle-related accidents, resulting in hundreds of injuries annually. In 2023, there were 24 cyclists killed in traffic accidents in New Jersey, a significant increase from 16 in 2022. This increase underscores the importance of knowing your rights and taking appropriate action if you’re involved in a bicycle accident.

Common Causes of Bicycle Accidents in Jersey City

Several factors contribute to bicycle accidents, especially at intersections:

Driver Negligence: This includes drivers failing to yield the right-of-way, running red lights, distracted driving (texting, using a phone), driving under the influence, or simply not paying attention to cyclists.
“Dooring” Incidents: This occurs when a driver or passenger opens a vehicle door into the path of a cyclist.
Poor Road Conditions: Potholes, uneven pavement, debris, and inadequate bike lanes can cause cyclists to lose control.
Left-Turn Accidents: Drivers making left turns often fail to see oncoming cyclists or misjudge their speed.
Lack of Dedicated Bike Lanes: The absence of protected bike lanes increases the risk of collisions with vehicles.

What to Do Immediately After a Bicycle Accident

If you’re involved in a bicycle accident, taking the right steps can protect your health and your legal claim:

Seek Medical Attention: Prioritize your health and get checked by a medical professional, even if your injuries seem minor. Some injuries, like head trauma or internal damage, may not be immediately apparent.
Report the Accident: Contact local law enforcement to file an official police report. This report is crucial for insurance claims and legal actions.
Gather Evidence: If possible, document the scene by taking photos of your injuries, bicycle damage, vehicle damage, and road conditions. Also, get contact information from any witnesses.
Exchange Information: Obtain the other party’s contact and insurance information.
Do Not Admit Fault: Avoid making statements that could be interpreted as admitting fault for the accident.
Contact a Bicycle Accident Lawyer: An experienced attorney can help you understand your rights and navigate the legal process.

Your Rights as an Injured Bicyclist in New Jersey

As a bicyclist in New Jersey, you have the same rights and responsibilities as motor vehicle drivers. This means you have the right to:

Share the road with motor vehicles.
Expect drivers to exercise reasonable care to avoid causing harm.
Seek compensation if you’re injured due to someone else’s negligence.

Establishing Liability in a Bicycle Accident Case

In New Jersey, you can seek compensation when someone else’s negligence caused the bicycle accident. Liable parties may include:

A driver who failed to yield, drove distracted, or broke traffic laws.
A municipality that failed to maintain safe road conditions.
A business responsible for unsafe construction zones or obstructions.
A manufacturer of a defective bike part or safety gear.

Establishing liability requires evidence, including police reports, witness statements, photos, and expert analysis.

Understanding New Jersey’s Comparative Negligence Law

New Jersey follows a “modified comparative fault” rule. This means that you can recover damages even if you were partially at fault for the accident, as long as your share of the fault is not greater than 50%. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%. If you are found to be 51% or more at fault, you cannot recover any damages.

Types of Compensation Available to Injured Bicyclists

If you’ve been injured in a bicycle accident due to someone else’s negligence, you may be entitled to compensation for:

Medical Expenses: This includes past and future medical bills, hospital stays, surgery, medication, physical therapy, and rehabilitation.
Lost Wages: You can recover lost income if your injuries prevent you from working, including future lost earnings if your ability to work is affected long-term.
Pain and Suffering: You can be compensated for physical pain, emotional distress, and mental anguish caused by your injuries.
Property Damage: You can recover the cost of repairing or replacing your damaged bicycle and other personal property.
Other Out-of-Pocket Expenses: This may include transportation costs to medical appointments, home care services, and other related expenses.

The Role of Insurance Coverage

After a bicycle accident, multiple insurance policies may come into play:

The Driver’s Auto Insurance: The at-fault driver’s auto insurance should cover your injuries through their liability coverage.
Your Own Auto Insurance (PIP): If you have your own car insurance policy in New Jersey, your Personal Injury Protection (PIP) coverage may also apply, even though you weren’t in a car. PIP can help with immediate medical costs, regardless of fault.
Uninsured/Underinsured Motorist Coverage: If the at-fault driver is uninsured or underinsured, you can file a claim with your own auto insurance policy.

The Importance of Legal Representation

Navigating the legal process after a bicycle accident can be complex. Insurance companies may try to minimize your claim or deny it altogether. An experienced Jersey City bicycle accident lawyer can:

Investigate the accident and gather evidence to support your claim.
Negotiate with insurance companies on your behalf.
Calculate your damages, including future medical costs and lost income.
Represent you in court if necessary.

Taking Action to Protect Your Rights

If you’ve been injured in a bicycle accident at a Jersey City intersection, don’t wait to seek legal help. Contact a qualified bicycle accident lawyer to discuss your case and understand your rights and legal options.