Bicycle Accident Lawyer in New Jersey and New York

car getting ready to hit a cyclist in an intersection in New York

Accidents involving bicyclists are unfortunately on the rise. A majority of the time these accidents are caused by driver inattention. The natural reaction of a negligent driver is to blame it on the cyclist.

It should not be surprising to see an unfavorable police report. The good news is that a police report is not admissible as evidence because it is rare for a police officer to actually witness a crash with a bicycle rider.

Experienced lawyers know that most of the time insurance companies and the police are biased against bike riders. The bicycle accident attorneys at Davis, Saperstein & Salomon, P.C. in New Jersey & New York stand up for cyclists injured by careless and negligent motorists. We will pursue full compensation generally in one lump sum from the at-fault motorist’s insurance company to help you recover from the physical injuries and lost income caused by your bicycle accident.

There are important deadlines and time traps that can ruin a perfectly good case that you need to know. If you were injured in a bicycle-car collision caused by a motorist, or a family member was killed in a bike accident, it is highly recommended that you immediately contact our experienced bicycle accident attorneys for assistance. We will review the details of your injury and explain your legal options. Call, Zoom, Facetime, or Skype us at Davis, Saperstein & Salomon, P.C. for a free initial no-obligation consultation about your bicycle accident injuries.

We find that most of the time injuries to bicycle riders are caused by the following:

Distracted Drivers
Cell phone use
Violation of Motor vehicle laws by Drivers
Speeding
Weaving through traffic
Failing to yield
Unsafe lane changes
Failure to make observations
Inexperienced Drivers
Drivers failing to make proper observation
Pavement defects such as potholes
Turning without looking
Running a red light or stop sign
Drunk Driving
Improper driving during inclement weather
Driver Fatigue
Taxi, Uber, and Lyft drivers making sudden moves to pick up passengers

Drivers have an absolute obligation to make observations of others sharing the roadway. It is foreseeable that, in addition to cars, semi-trucks, motorcycles, and busses, others such as bicycle riders, pedestrians, skateboarders, unicyclists, people pushing baby carriages, scooters, Segway’s, electric bicycles, will be sharing the road with others. Now more than ever, either because of economics, or COVID anxiety, thousands of people in New Jersey and New York commute to work on bicycles and ride for exercise and recreation. Cyclists are required to obey traffic laws and have the same rights to use the road as automobile drivers. But bicyclists have little protection in the event of a collision. If a careless motorist causes an accident, bicycle riders are vulnerable to very serious injuries. Nearly all fatal bicycle accidents involve collisions with large vehicles. Cyclists who have been injured due to a driver’s negligence have a legal right to seek compensation. Compensation includes money for permanent injuries, disfigurements such as scars, past and future medical bills, lost income, property damage, loss of savings, and much more. There is no cap or limit on the amount an injured person can sue for but most of the time, injuries fall within a defendant’s insurance policy coverage.

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What to Do if You Have Been Injured in a Bicycle Accident in New York

In a nutshell, we suggest that you do the following or have your attorney do the following as soon as possible:

If there was no police report, go to the police department and make out a report
Take plenty of photographs of the accident scene. Roadways without skid marks prove no attempt to stop.
Take plenty of pictures of injuries including all cuts, scratches, and bruises
Save and photograph the bicycle
See if there were any video cameras in the area
Finds out the names of any potential eyewitnesses
Report the accident to your automobile insurance carrier to see your benefits
Arrange for proper medical care and insurance proceeds to pay your medical bills
Apply for income benefits through insurance or disability
If you were a food delivery cyclist or courier, you may be entitled to workers’ compensation benefits
Document all losses

There are two main types of bicycle accidents. The most common are crashes involving falls. The most serious are those involving bicycle collisions with cars and trucks. Bicyclists may suffer serious injuries in collisions including head injuries, neck injuries, spinal injuries and broken bones requiring emergency medical care. Helmets definitely serve to avoid or minimize traumatic brain injuries.

Any bicycle accident involving a serious injury or death should be reported immediately to the police. A New York bicycle accident also must be reported to the N.Y. Department of Motor Vehicles within 10 days of the accident. If a motor vehicle was involved, the accident should be reported on Form MV-104A.

Many accidents occur because drivers of cars and trucks fail to yield the right of way to bicyclists or make turns in front of the bicycle without seeing the rider and cause the cyclist to hit them. Drivers may underestimate the speed of a bicyclist.

Bicyclists are more likely to be seen if they are where other motorists are expected to be. But a motorist may be looking in your direction and still not see a bicycle.

A specially trained bicycle accident lawyer from Davis, Saperstein & Salomon, P.C. is prepared to conduct a detailed investigation of a crash involving a car and bicycle in which the cyclist was seriously injured.

If you have been injured in a bike accident within the state of New York, it is important to consult with a knowledgeable New York bike accident lawyer to understand your legal rights and how NY Bicycle Laws protect you. The same holds true for New Jersey bicycle accidents. At Davis, Saperstein & Salomon, our NJ and NY bike accident attorneys fight for full compensation for injured bicyclists and families who have lost loved ones in bicycle accidents caused by others. We will work with you and keep you informed of our progress in your case.

Bicycle Accident Statistics in New Jersey

Sadly, in 2016, 17 cyclists died in bicycle accidents in New Jersey, according to the New Jersey State Police. Many more riders sustained serious injuries in collisions with cars and other motorized vehicles. Atlantic and Cumberland counties had the highest number of bicycle riders killed in fatal accidents.

The common factors cited in bicycle accidents include:

Driver inattention
Failure to yield right of way
Failure to obey traffic control
Failure to keep right
Improper turn.

If you or a family member, including a child, has been involved in a serious bicycle accident, you will need to help of a bicycle accident lawyer. The police and insurance company may have only the accident description of the motorist at first if the bicyclist was seriously injured in the crash. The motorist may try to place the blame on the bicyclist, when in fact the motorist was not paying adequate attention and failed to see the bicycle rider.

As an injured rider, you need to work with a strong and experienced bicycle accident attorney who will make sure the police and insurance companies involved have a complete picture of how the accident unfolded. You need a bike accident lawyer who will stand up for you.

We have extensive experience in representing children on bicycles being hit by cars and trucks. Responding police officers often put blame on the child. Careless drivers often blame the bike rider by saying “the child rode their bike into the side of the car” or they appeared out of “nowhere.” Our team of “pediatric lawyers” are experts in representing children injured in a bike accident.

In New Jersey, these cases are commonly handled on a contingent fee basis of 25% if the child’s case settles before trial. Under the law of New Jersey and New York, anyone under the age of 18 is considered an “infant” under the law. Any settlement for a child must be approved by the Court. Lawyers that represent children understand that children often are afraid to discuss all injuries or go for much-needed medical care.

Even when the accident is not their fault, they often appear reluctant to accuse the negligent driver. Children also require special treatment and validation as they are prepared to give statements either at a deposition or a trial. When handled properly, personal injury cases involving children have a greater value because often the permanent injuries will be with them for life. Scars will not get better and serious fractures will continue to cause problems for life.

What Are My Rights as a Bicyclist in NJ & NY?

A person riding a bicycle on the road in New Jersey or New York is given all the rights and responsibilities of an automobile driver. Bicyclists riding on the road anywhere must follow all state and local automobile driving laws such as stopping for red lights and stop signs.

If you are involved in a bicycle crash with a car or truck, it is important to understand the steps to take to recover from the bicycle accident.

Our bicycle accident lawyers understand the legal rights of injured bicyclists and can explain your rights.

Our bike accident attorneys know how disruptive a serious accident can be to your life. You may have a right to seek compensation for your injuries and loss of income if you are unable to work if you have been injured by the fault of another motorist.

We will negotiate aggressively with the at-fault driver’s insurance company to help you receive compensation to pay your medical bills and other expenses.

Expert Witnesses

Often the key to proving fault on the part of the negligent driver is to hire a law firm whose bicycle lawyers have routinely worked with accident reconstructionist experts. They normally study all of the physical evidence, including the bicycle, the scene, skid marks, police reports, witness statements sight obstructions, and testimony to reconstruct an accident. This may be very important in cases involving children or those that suffered a head injury with amnesia.

Contact Bike Injury Attorneys Serving NY and NJ

Never settle for less. We’re here for you and we pride ourselves in putting the “personal” in personal injury.

The attorneys at Davis, Saperstein & Salomon, P.C., offer a courtesy case review for accident victims and their families. We will go over the details of how your bike accident occurred, address your questions, and discuss whether we think you have a valid personal injury case. This initial meeting is free of charge. Call us or contact us online to discuss how we may be able to assist you. We can meet with you in person, FaceTime, Zoom, Skype, Teams, etc. Office appointments are also available but not necessary.