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New Jersey and New York Cycling Accident Lawyer

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

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 sop.
  • 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 of py 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 loses

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.

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

Both bicyclists in New York and New Jersey have all the rights of motor vehicle operators and are required to obey traffic signals, signs, pavement markings, and NYC traffic rules. NY Bicyclists have a responsibility to be familiar with N.Y. traffic laws.

Bicyclists have a right to ride on local streets and arteries. Bicycle riding is prohibited on expressways, highways, interstates, bridges, and thruways unless specifically authorized by signs.

Bicyclists are required to ride in the same direction as traffic is moving.

Bicycle riders are required to use designated bicycle lanes, when available, other than to make turns or when the lane is unusable because of parked cars or other hazards. If there is no bike lane or it is unusable, a bicyclist may ride near the right edge or curb of the road.

A rider may move further left in the lane to make a left turn, to avoid hazards such as parked cars, storm grates, or debris or to pass slower-moving vehicles.

If you are injured in a collision caused by a motorist and incur medical bills and other losses, you may have a legal right to seek compensation from the at-fault driver and his or her insurance provider to cover your losses. You have a right to be made whole if you are injured through the negligence of others. A bicycle accident lawyer can help you with that.

 

New Jersey Bicycle Accident Statistics

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 accident, you will need to help of a 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 and “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?

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 accident.

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

Our 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 lawyers have routinely worked with accident reconstructionist experts.  They normally study all of the physical evidence, including the bicycle, the scene, skid marks, police report, 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.