New Brunswick Bicycle Accident Lawyer

New Brunswick Bicycle Accident Lawyer

The sad reality that our New Brunswick, NJ bicycle accident lawyer sees everyday is just how dangerous it is to ride a bicycle. But of course, this isn’t the cyclist’s fault, since most of the time it’s reckless drivers who failed to watch out for the safety of others when tragedy strikes. Whether you were only nudged by a car driver or suffered severe injury, you may need help from us at the Law Firm of Edward Blinder, PLLC. If a driver was responsible for your bike accident and resulting injuries and/or property damage, then you could be eligible for compensation. Bicycle riders are entitled to the same privileges and rights as drivers, but it’s obvious that many drivers view cyclists as less important than themselves, as if riders don’t deserve as much consideration. If you were hurt because of a careless driver, we are ready to help.

To hold the offending driver accountable for what happened, you have to prove that they were being negligent and caused the accident. To have a successful claim against a driver, you must be able to demonstrate that the driver is liable for your losses. This is where assistance from our New Brunswick personal injury lawyer can be influential, since we know the law and what victims are entitled to receive. We can review the evidence you have and do our own investigation so build a case against the driver who hit you. Did you have medical bills? Was your bike in need of repairs or replacement altogether? Did you miss work and earnings or use PTO hours so that you could stay home and tend to your injuries? These are all examples of questions that our lawyer may ask to calculate how much monetary compensation you should pursue. If you have pictures, witnesses, or a police report, these will all be useful when evaluating your case.

Common Causes of Bicycle Accidents

Bicycle accidents can happen for a variety of reasons, many of which are preventable. As a personal injury law firm specializing in bicycle accident cases in New Brunswick, NJ, we have seen firsthand the impact these accidents can have on individuals and their families. Here, attorney Ed Blinder who has 12 years of personal injury law experience, explores some of the most common causes of bicycle accidents, offering insight into how they can be avoided and what steps to take if you find yourself in such an unfortunate situation.

Distracted Driving

One of the leading causes of bicycle accidents is distracted driving. When drivers are not fully focused on the road, they may fail to see cyclists, leading to collisions. This can be due to texting, talking on the phone, or any other activity that diverts attention from driving. We advise cyclists to remain vigilant and assume that drivers might not always see them.

Poor Road Conditions

Bicyclists are particularly vulnerable to accidents caused by poor road conditions, such as potholes, uneven surfaces, or debris. These hazards can cause a cyclist to lose control and crash. We encourage local authorities to maintain roads properly and cyclists to report hazardous conditions.

Dooring Accidents

Dooring accidents occur when a parked car’s door suddenly opens into a cyclist’s path, causing them to crash. These accidents can be severe and are often the result of a driver or passenger’s carelessness. We recommend cyclists ride a safe distance from parked cars and urge drivers to check for cyclists before opening their doors.

Right-of-Way Violations

Many collisions happen because drivers fail to yield the right of way to cyclists at intersections or while making turns. We stress the importance of understanding and respecting traffic laws that protect cyclists.

Speeding

Excessive speed reduces a driver’s ability to react to cyclists, significantly increasing the risk of a crash. We urge drivers to adhere to speed limits, especially in areas frequented by cyclists.

Impaired Driving

Driving under the influence of alcohol or drugs is a significant cause of bike accidents. Impairment affects a driver’s judgment, coordination, and reaction times. We advocate for responsible driving and the use of designated drivers.

If you’re involved in a bicycle accident, it’s essential to seek medical attention immediately, even if you feel fine. Some injuries, such as concussions or internal injuries, may not be immediately apparent. Additionally, we recommend documenting the scene, getting contact information from witnesses, and filing a police report.

In the aftermath of a bicycle crash, you might face medical bills, lost wages, and other expenses. We are dedicated to helping you manage the legal process. We specialize in bicycle accident cases in New Brunswick, NJ, and understand the intricacies of these cases. If you or a loved one has been involved in a bike wreck, please don’t hesitate to reach out to us. Together, we can work towards securing the compensation you deserve.

Common Bicycle Accident Injuries

Bicycling, whether as a form of transportation, exercise, or leisure, is a popular activity for many. However, it’s not without risks, especially when sharing the road with motor vehicles. At the Law Firm of Edward Blinder, PLLC, we have encountered numerous clients in New Brunswick, NJ, who have suffered a range of injuries due to bicycle accidents. Understanding these common injuries can be important for improving bike safety and knowing when to seek legal counsel.

Head Injuries

Head injuries, including traumatic brain injuries (TBIs), concussions, and skull fractures, are among the most catastrophic injuries cyclists can face. They can occur even from seemingly minor accidents and can have long-term consequences. This is why we always emphasize the importance of wearing a properly fitted helmet. However, even with a helmet, cyclists can still suffer head injuries in collisions, necessitating the need for immediate medical attention.

Road Rash

Road rash occurs when a cyclist’s skin scrapes against the pavement, resulting in abrasions. While some cases of road rash can be minor, severe cases can lead to serious infections and may require medical treatment. We advise cyclists to wear appropriate protective gear, such as long-sleeved shirts and pants, to minimize the risk of road rash.

Fractures and Broken Bones

Fractures and broken bones are common in bicycle accidents, especially involving collisions with vehicles. The impact can break arms, legs, ribs, and even the pelvis. These injuries can be quite severe, requiring surgeries and extensive rehabilitation. We have seen how these injuries not only cause physical pain but also lead to significant financial burdens due to medical expenses and lost wages.

Spinal Cord Injuries

Spinal cord injuries are less common but can be among the most severe injuries a cyclist can suffer. They can result in partial or complete paralysis and may require lifelong medical care and assistance. In cases of spinal cord injuries, the legal aspects become complicated, and securing appropriate compensation is vital for the victim’s long-term care.

Dental and Facial Injuries

Facial injuries, including dental damage, broken jaws, or serious lacerations, can occur in bicycle accidents, particularly if the cyclist’s face hits the ground or a vehicle. These injuries can require surgeries and lead to disfigurement and long-term dental problems.

Internal Injuries

Internal injuries, such as internal bleeding or organ damage, are a severe consequence of bicycle accidents. These injuries may not be immediately apparent but can be life-threatening if not treated promptly.

If you or someone you know has been involved in a bicycle crash resulting in injury, it’s important to understand your rights and options. As experienced bicycle accident lawyers in New Brunswick, NJ, we are committed to helping our clients handle the aftermath of such incidents. We understand the physical, emotional, and financial toll these accidents can take on individuals and their families.

We encourage anyone affected by a bicycle accident to contact us. We can provide the necessary legal guidance and support to make sure that you receive the compensation you deserve for medical expenses, lost wages, and other damages. Remember, acting promptly and securing experienced legal representation can be critical in protecting your rights and well-being after a bicycle accident.

Bicycle Accident Infographic

Understanding Who Is Liable

Victims should get a sense of the liability criteria to file a claim so that they can improve their chances of obtaining fair compensation. Generally, individuals who have sustained injuries or property damage as a direct result of another party’s negligence can pursue a claim. This negligence might encompass actions such as distracted driving, failure to yield right of way, speeding, or violating traffic rules. Additionally, minors involved in bicycle accidents can also have claims filed on their behalf by a parent or legal guardian.

When it comes to identifying liable parties in bicycle accidents, several possibilities exist. Motorists are frequently involved, and their negligence can stem from various behaviors such as not respecting cyclists’ right of way, failing to check blind spots, or driving under the influence. Furthermore, government entities responsible for maintaining roads and bike lanes can also be held accountable if their negligence in upkeep contributes to an accident. The manufacturers or distributors of faulty and defective parts can be held liable if an accident does happen due to bike failure.

What If I Was Partially At Fault?

Bicycle accidents can be complicated events, and determining fault isn’t always straightforward. As experienced bicycle accident lawyers in New Brunswick, NJ, we often encounter clients who are concerned about their role in the accident and how it affects their legal rights. Understanding the challenges of assigning fault in bicycle accidents is imperative in successfully managing these cases.

Determining Fault in Bicycle Accidents

• Shared Fault Situations: In many accidents, fault may be shared between the cyclist and another party, such as a motorist. This does not automatically disqualify you from seeking compensation.
• Contributory Negligence: Some jurisdictions follow the rule of contributory negligence, where if you are found to be partially at fault, it may impact your ability to recover damages.
• Comparative Negligence: Many states, including New Jersey, use a comparative negligence system. This means that even if you are partially at fault, you can still recover damages, though your compensation may be reduced by your percentage of fault.

Impact of Partial Fault on Legal Claims

• Reduction in Compensation: Under comparative negligence, if you are found to be 20% at fault for an accident, your compensation may be reduced by that same percentage.
• Insurance Claims: Insurance companies often determine fault percentages, which can impact the amount you receive from an insurance settlement.
• Legal Representation: Having skilled legal representation is vital in cases of shared fault, as our lawyer can help negotiate and argue for a fair determination of fault.

Role of a Bicycle Accident Lawyer

• Case Evaluation: As your bicycle accident lawyers, we will thoroughly evaluate your case, including the circumstances of the accident, to determine all potential sources of liability.
• Negotiating with Insurance Companies: We have the skills to negotiate with insurance companies who may try to unfairly assign a higher degree of fault to you.
• Maximizing Your Compensation: Our goal is to make certain that you receive the maximum compensation possible, taking into account your partial fault in the accident.

Taking Action After an Accident

• Immediate Steps: Seek medical attention, document the accident scene, and gather witness statements.
• Contacting Our Lawyer: Reach out to us at the Law Firm of Edward Blinder, PLLC, as soon as possible. We can provide guidance on the next steps and begin building your case.

If you find yourself partially at fault in a bicycle accident, it’s important not to assume that you have no legal recourse. As dedicated bicycle accident lawyers, we are here to guide you through the legal process and help secure the compensation you deserve. Remember, a partial fault does not negate your right to seek justice and financial recovery for your injuries and losses.

Understanding Your Rights To Compensation

When discussing the topic of compensation, particularly in the context of a bicycle accident, it’s important to understand the variety of forms that compensation can take. The Law Firm of Edward Blinder, PLLC specializes in such cases and we have extensive experience in guiding clients through the intricate process of seeking fair compensation.

First and foremost, understanding your rights is essential in any accident, especially when it involves a bicycle in New Brunswick, NJ. It’s a common misconception that the only form of compensation available is for physical injuries. However, the scope of compensation can be broader.

Types of Compensations

Medical Expenses

The most obvious form of compensation is for medical expenses. These can range from immediate emergency care costs to long-term rehabilitation expenses. Our firm make sure that all medical expenses, both current and future, are accounted for in the compensation package.

Lost Wages and Earning Capacity

If the accident results in time away from work, you may be entitled to compensation for lost wages. Furthermore, if the injuries impact your future earning capacity, this too can be factored into the compensation.

Pain and Suffering

Compensation for pain and suffering is more subjective but equally vital. It accounts for the physical pain and emotional distress suffered due to the accident. As your attorneys, we strive to ensure that this aspect is not overlooked.

Property Damage

For a bicyclist, their bike is often a significant investment. If your bicycle is damaged or destroyed in the accident, compensation for property damage is also a critical component.

Special Considerations in Bicycle Accidents

Bicycle accidents can have unique circumstances. Factors such as road conditions, traffic laws specific to bicyclists, and the often severe nature of injuries in such accidents require specialized knowledge that our firm possesses.

This is where the knowledge and experience of our bicycle accident attorney becomes invaluable. We have a dedicated team that specializes in bicycle accident cases. Our responsibilities encompasses not only representing you in legal proceedings but also in negotiating with insurance companies and other parties involved.

Negotiating With The Insurance Company

Negotiating with insurance companies can be a challenging and demanding process, particularly when it involves claims related to bicycle accidents. These cases necessitate a detailed understanding of both the law and insurance policies. Here, we outline effective strategies for handling these negotiations, emphasizing the importance of seeking professional legal assistance, specifically highlighting the expertise of our New Brunswick bicycle accident lawyer.

Understanding Your Rights and Responsibilities

Before entering into negotiations, it’s imperative to have a comprehensive understanding of your rights and responsibilities. This knowledge serves as your foundation, enabling you to:

• Assess the fairness of the insurance company’s offers.
• Recognize when your claim is being undervalued.

Preparing Your Case

Preparation is key to successful negotiations. This involves:

• Documenting the Accident: Keep a detailed record of the accident, including photos, witness statements, and police reports.
• Understanding Your Insurance Policy: Be clear on what your policy covers and any deductibles that apply.
• Calculating Damages: Determine the full extent of your damages, including medical expenses, lost wages, and pain and suffering.

Negotiation Strategies

Effective negotiation strategies are vital for achieving a favorable outcome. These include:

• Starting High: Begin negotiations with a higher demand than what you expect to receive.
• Staying Patient: Be prepared for the process to take time and resist the urge to accept the first offer.
• Being Prepared to Walk Away: If the insurance company’s offer is unacceptable, be ready to pursue other legal avenues.

• The Insurance Company Denies Your Claim: If your claim is unfairly denied, our lawyer can appeal the decision on your behalf.
• The Settlement Offer Is Too Low: If the offer does not cover your expenses and losses, we can negotiate for a better settlement.
• You’re Unsure About the Value of Your Claim: We can help you understand the full value of your claim and ensure you receive fair compensation.

Negotiating with insurance companies after a bicycle accident can be daunting. However, with the right preparation and support, it is possible to achieve a fair outcome. We, at the Law Firm of Edward Blinder, PLLC, stand ready to offer our guidance and support. Our team of dedicated personal injury attorneys is committed to advocating for your rights and helping you to receive the compensation you deserve. Contact us to discuss your case and explore how we can assist you in dealing with the challenges of insurance negotiations.

Choose the Law Firm of Edward Blinder, PLLC

Our firm stands out for its personalized approach. We understand that each case is unique, and we tailor our strategy accordingly. Our team is not only well-versed in the legal aspects but also compassionate and supportive throughout the process.

If you or a loved one has been involved in a bicycle accident in New Brunswick, NJ, it’s important to act swiftly. We invite you to reach out to us at the Law Firm of Edward Blinder, PLLC. Our team will provide you with the professional guidance and support necessary to deal with these challenging times and make sure that you receive the full spectrum of compensation you are entitled to.

Understanding the various forms of compensation available after a bicycle accident is essential. With our injury law firm, you have a team that not only comprehends the nature of these cases but also passionately advocates on your behalf. We encourage you to take the first step towards safeguarding your rights and maximizing the compensation you deserve by contacting our office today.

Bicycle Accidents FAQs

What Should I Do Immediately After a Bicycle Accident?

Immediately after a bicycle accident, your first priority should be your safety and health. If you are able, move to a safe location away from traffic. Check yourself for injuries and seek medical attention as soon as possible, even if your injuries seem minor. It’s important to document your injuries and the accident scene. If possible, take photographs of the scene, your bicycle, and any injuries you sustained. Collect contact information from any witnesses and the driver involved. Finally, report the accident to the police to have an official record.

How Can I Prove That the Driver Was At Fault In a Bicycle Accident?

Proving fault in a bicycle accident involves collecting evidence that demonstrates the driver’s negligence or violation of traffic laws. This can include police reports, witness statements, photographs or videos of the accident scene, and any surveillance footage that may have captured the incident. Our attorney can also help gather evidence such as cell phone records, which might prove distracted driving, or vehicle maintenance records, which could indicate a lack of proper care. Our experienced personal injury attorney can help you build a strong case to prove the driver’s fault.

Can I Claim Compensation For a Bicycle Accident If I Wasn’t Wearing a Helmet?

Yes, you can still claim compensation for a bicycle accident even if you weren’t wearing a helmet. However, not wearing a helmet could potentially affect the amount of compensation you receive, especially if you sustained head injuries. In some jurisdictions, the concept of comparative negligence might be applied, where your compensation could be reduced based on your share of responsibility for your injuries. It’s essential to consult with our legal professional to understand how helmet laws and negligence rules apply to your case.

What Types of Compensation Can I Recover In a Bicycle Accident Lawsuit?

In a bicycle accident lawsuit, you can potentially recover various types of compensation. These can include medical expenses for both immediate and long-term care, lost wages if you’re unable to work due to your injuries, and compensation for pain and suffering. In some cases, you may also be eligible for punitive damages, especially if the driver’s behavior was particularly reckless. Our experienced attorney can provide guidance to optimize compensation relevant to your specific case.

How Long Do I Have to File a Lawsuit After a Bicycle Accident?

The time limit for filing a lawsuit after a bicycle accident, known as the statute of limitations, varies by state. In many states, it’s typically within two to three years from the date of the accident. However, there are exceptions, such as if the injured party is a minor or if the injuries were not immediately apparent. It’s important to consult with our personal injury attorney as soon as possible after your accident to make sure that you file your lawsuit within the appropriate time frame. Missing this deadline could bar you from pursuing legal action and recovering compensation.

Taking The Next Step After a Bike Crash

If you’ve been involved in a bicycle accident, it’s essential to act quickly to protect your rights. Our New Brunswick bicycle accident lawyers are here to provide you with the legal guidance and support you need. Contact the Law Firm of Edward Blinder, PLLC today for a free consultation. We have recovered millions of dollars of settlements on behalf of our personal injury clients. Let us help you with the legal aspects of filing a personal injury claim and work towards the best possible outcome for your case. Remember, you’re not alone – we’re here to help every step of the way.