Traveling on a bicycle is a great way to stay in shape, help the environment, and save on transportation costs. But these advantages can be offset by the dangers of sharing the road with other drivers. There are several dangers for a bicyclist sharing the road with a car in Parsippany. Careless drivers can cause serious and prolonged injuries to a bicycle accident victim. When they do, filing a lawsuit may be the best option to recover compensation for your injuries.
In Parsippany, drivers owe cyclists a duty to use reasonable care while operating their cars. New Jersey has also passed additional laws to protect bicycles sharing the road with drivers. Our Parsippany, NJ bicycle accident attorneys can help you manage a potentially lengthy and complex lawsuit.
If you were injured in a bicycle accident, contact our Parsippany, NJ bicycle accident lawyers today. Call The Carrion Law Firm today at (718) 841-0083 for a free case review.
Your Rights when Riding a Bicycle in Parsippany, NJ
Bicyclists share all the same rights as cars when traveling on the road. Drivers are expected to use the same reasonable care around bicycles that they would around other drivers. But as more people have opted for bicycles as their preferred means of transportation, the need for more robust driving laws has become necessary.
Recently, New Jersey passed the Safe Passing Law, offering additional protections for cyclists and other people who might be using the road without a vehicle, like a pedestrian. As of March 2022, cars will need to move a lane over when overtaking cyclists, if a lane is available. If a lane is not available to the driver, they are required to maintain a 4-foot safety zone as they pass. If the road is such that even this is not possible, then the driver must slow to 25 mph and be prepared to stop for the cyclist. The driver in this situation is permitted to pass a cyclist only when passing does not endanger the safety of the cyclist.
A $500 fine is issued to a driver who fails to obey the new law and causes an accident with a cyclist involving bodily harm. The fine is $100 in cases where the cyclist suffers no bodily harm. Our Parsippany bicycle accident attorneys are familiar with the minutiae of bicycle accident law and can help maximize your potential reward.
How No-Fault Insurance Laws Impact Parsippany, NJ Bicycle Accident Lawsuits
New Jersey’s no-fault laws can affect how you are compensated for the injuries you suffered in your Parsippany bicycle accident. If you were injured in a bicycle accident involving a car and you have car insurance, your insurance policy will provide you with personal injury protection (PIP) benefits to cover the economic costs associated with your injuries. This covers things like medical expenses, lost wages, and property damage to your bike. New Jersey no-fault laws require this regardless of who caused the accident.
If you carry basic car insurance coverage, you will be limited to recovering only your economic damages unless you can prove you suffered a “serious” injury in your bicycle accident. This is a difficult threshold to meet but doing so would entitle you to non-economic damages, like pain and suffering. If you have an “unlimited right to sue” car insurance policy, you can sue for both economic and non-economic damages without having to prove your injuries is “serious.”
But what if you do not have car insurance? Under N.J.S.A. § 39:6A-2, cyclists are considered pedestrians for the purposes of insurance and can receive benefits from an applicable policy. This could be paid from the PIP benefits of a family member the cyclist lives with or the at-fault driver’s policy if there is no household family member available. But PIP only covers damages for medical expenses and lost wages. If you would like to recover non-economic damages, like the emotional pain and suffering you have experienced from the accident, the best option will be to file a lawsuit. You should consult with one of our Parsippany bicycle accident attorneys if you have any questions regarding what options are available to you.
Common Causes of Bicycle Accidents in Parsippany, NJ
Many of the causes of car accidents are the same that cause bicycle accidents in Parsippany, NJ. But the reality of using a bicycle on the road makes other types of accidents possible. The following are a few of the common ways you could be injured in a bicycle accident in Parsippany, NJ:
Distracted Drivers
Distracted drivers are dangerous to anyone sharing the road but especially to unsuspecting cyclists. It only takes one text message for a driver to become distracted enough to cause serious harm to a cyclist. Other times, a driver might be so focused on other cars that they do not even see you on your bike before the damage is done.
Open Door Accidents
Open door accidents occur when a driver opens their car door directly in the path of a converging cyclist. Open door accidents can happen in the blink of an eye and cause considerable harm to a cyclist who fails to react in time.
“Right Hook” Accidents
A “right hook” accident happens when a driver makes a right turn in front of a cyclist immediately after passing them. It is very difficult for a cyclist in this situation to avoid a car in time and they will likely collide with the car, resulting in potentially devastating injuries.
Poor Road Conditions
Bicycle accident injuries can also be the result of poorly maintained roads. Improperly marked roads, potholes, and other dangers pose a threat to cyclists traveling on bad roads. Even with the added protection of a helmet, injuries of this type can result in debilitating head and spinal injuries.
Deadline to File a Bicycle Accident Lawsuit in Parsippany, NJ
Assuming you are allowed under New Jersey’s no-fault laws, you will have two years from the date of the accident to file your bicycle accident lawsuit in Parsippany, NJ. There are very few exceptions, so failure to file your bicycle accident injury claim in time will mean the end of your case in the court system. Let our Parsippany bicycle accident attorneys help you file your lawsuit promptly and get your case started right.
Consult with Our Experienced Bicycle Accident Attorneys in Parsippany, NJ Today
If you were injured in a bicycle accident, you may be entitled to compensation for your losses. Call The Carrion Law Firm’s Parsippany bicycle accident attorneys at (718) 841-0083 today for a free case review.