Determining Liability After a Bike Accident
In New Jersey, liability or who is held financially responsible for a bicycle accident is determined by the state’s “choice” no-fault law, the modified comparative negligence rule and the legal doctrine of negligence. Liability will be established after an investigation of the bike accident determines who is at fault for causing the collision. Make sure to contact a New Jersey car accident lawyer for legal guidance.
Does New Jersey’s No-Fault Law Apply to Bicycle Accidents?
Yes, New Jersey upholds its no-fault car insurance law for determining liability for bicycle accident cases as it does for car accidents. If a cyclist owns a car and has automobile insurance, he or she will seek initial coverage from his or her personal injury protection (PIP) insurance coverage first. This type of first-party coverage can pay for:
- Necessary medical care and treatments
- Surgeries, therapies and rehabilitation
- Disability costs and ongoing care
- Lost wages, earnings and capacity to earn
- Funeral and death benefits, in the event of a fatal bike accident
If the bicyclist does not have auto insurance, he or she can file a claim with the motor vehicle driver’s insurance carrier, instead. Suing another driver is permitted even if the cyclist’s injuries are not serious, as bikers are classified as pedestrians in these collisions.
How Is Fault Decided in a Bicycle Accident Personal Injury Case?
PIP is a type of no-fault insurance, meaning if a bicyclist files a first-party PIP claim, it is not necessary to establish or prove that someone else was at fault for the crash. The biker’s own coverage will provide primary insurance regardless of fault. If, however, the bicyclist sues outside of the no-fault system, liability must be proven using evidence.
Bicycle Accident Investigations
Most bicycle accident cases are decided based on which party went against New Jersey’s traffic laws or behaved negligently at the time, meaning in a way that a reasonably prudent person would not have in the same circumstances. Determining fault often takes an analysis of the available evidence, such as a police report, witness accounts, and photos or videos.
Proving Negligence
During a third-party claim, the injured party must prove that the defendant: 1) owed a duty of care, 2) breached this duty of care, 3) caused the bicycle accident and 4) the accident led to compensable damages. These are the four elements of negligence.
Evidence of speeding, red-light running, unsafe passing, distracted driving, drunk driving, or other careless and reckless behaviors in connection with a bicycle accident can serve as proof of fault against a motor vehicle driver.
What Is New Jersey’s Comparative Negligence Law?
New Jersey also uses a modified comparative negligence law when assigning liability for an accident. Under this rule, if an injured bicyclist or accident victim is found to share fault for the incident, his or her financial recovery will be diminished by an equivalent percentage.
If you are found to be 10 percent responsible for your bike accident, for example, a $50,000 settlement would be reduced by $5,000 to $45,000. If you are found to be 51 percent or more at fault, however, you will be barred from recovering financial compensation entirely.
How Can a Bicycle Accident Lawyer Help?
Navigating New Jersey’s bike and auto accident laws can be difficult as an injured victim – especially since insurance companies are not known for their fair dealings with clients. You may need to hire an experienced personal injury lawyer in New Jersey to help you establish fault and recover maximum compensation for your losses. To speak to a knowledgeable attorney about your unique case, contact the Law Offices of Jeffrey S. Hasson, P.C. for a free consultation.