Video Description
For those conscious about their health and students needing reliable transportation, cycling on New Jersey’s streets is a practical solution for their needs. However, bicycles lack the protection offered by cars and trucks, putting cyclists at greater risk of injury when an accident occurs. The National Highway Traffic Safety Administration regularly reports eight hundred cycling-related fatalities per year, and that number is likely to grow as more people choose bicycles over cars.
It is important that you understand what your legal options are when you are involved in an accident. Your choice of auto insurance coverage may prevent you from suing a liable driver, as personal injury protection benefits are payable to injured cyclists. The severity of your injuries and the costs of treatment will also affect if you can and should sue.
CAN I SUE?
If you own a vehicle covered by an auto insurance policy, New Jersey’s no-fault laws may prevent you from suing a liable driver when you are injured while cycling. It may seem strange that an auto insurance policy can cover you when you are cycling, but New Jersey law classifies cyclists as pedestrians for the purposes of auto insurance. The PIP benefits of an auto insurance policy can be paid to cyclists as if they were pedestrians. However, when you receive PIP benefits, New Jersey restricts your right to sue a liable party unless you suffer what is considered a serious injury, such as:
-death
-dismemberment
-significant scarring or disfigurement
-displaced fractures
-loss of a fetus
-or a permanent injury within a reasonable degree of medical probability
If you do suffer such an injury or are not covered by an auto insurance policy, then you will have the right to sue a liable party for your injuries. Of course, being able to sue is just the first step in receiving compensation from a liable party. You need to also determine who might be liable for your injuries.
WHO IS LIABLE?
There are numerous factors that can contribute to one’s liability for an accident, much like in a car accident. These factors can create liability on the part of drivers, cyclists, pedestrians, and even car and bike manufacturers. In our experience, it is best to go over the accident’s events and answer the following questions of what might have caused or contributed to the accident.
-Was a driver or another cyclist negligent in their behavior?
-Was the accident caused by human error?
-Were the vehicles and bikes involved properly maintained?
-Were the vehicles or bikes defective in some way that could not be known by an operator?
CAN I SUE THE GOVERNMENT?
There are also times where a public entity may be responsible for your injuries due to their negligence in maintaining public property. However, New Jersey protects public entities from liability for accidents unless your case meets the following conditions.
-The property was in a dangerous condition.
-The dangerous condition was the cause of your injury.
-The dangerous condition created a foreseeable risk of the injury incurred.
-Either a wrongful act by a public employee created the condition, or the public entity had sufficient notice of the dangerous condition to fix it before an accident occurred and failed to do so.
If any of these conditions are not met, then a public entity cannot be held liable for your injuries. However, you should not be afraid to speak with a legal professional if a public entity may be held responsible. If it is possible to hold a public entity as liable for your injuries, then you should pursue the case in order to protect your rights.
If you or a loved one was injured in a bicycle accident, contact Rosenblum Law for a free, no-obligation consultation.
Why Choose Rosenblum Law?
