Lyndhurst, NJ Bicycle Accident Attorney
Drivers are expected to operate their vehicles with reasonable care. This duty of reasonable care includes safely sharing the roads with bicyclists. When motorists act carelessly or recklessly, devastating collisions with riders can occur.
Injured parties can pursue financial compensation through bicycle accident lawsuits. In order for their claims to succeed, plaintiffs must show that their injuries were caused by the defendant driver’s negligent actions. There are numerous forms of evidence that can be used to show another driver was at-fault for your injuries.
If you were injured because of a bicycle accident in Lyndhurst, NJ, get help building a claim against the at-fault driver. Contact our experienced Lyndhurst bicycle accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Common Types of Evidence Used to Prove Fault in Bicycle Accident Lawsuits in Lyndhurst, NJ
Plaintiffs in bicycle accident lawsuits must collect evidence to establish that the defendant driver caused or contributed to the collision at issue. Extensive amounts of evidence may be required to show that another driver was at fault. Our experienced Lyndhurst bicycle accident lawyers can help gather the following forms of evidence to support your claim:
Physical Evidence from the Scene
Physical evidence from the scene of a bicycle accident can be very useful when proving that another driver was at-fault. For example, pieces of glass from the scene may be matched with a defendant driver’s broken headlight to identify them as the motorist who struck the plaintiff. Further, empty beer bottles from the scene of a crash may be used to show that a driver was impaired when a particular collision occurred.
In some cases, physical evidence may be hard to bring into court or preserve. Fortunately, plaintiffs may utilize other means of evidentiary documentation.
Photos from the Scene
Plaintiffs may also use photos from the scene of an accident to prove that another driver was at fault. For instance, photos of a crushed bicycle can be used to show that a driver was travelling too fast when an accident occurred. Accordingly, victims should always take photos at the scene of their bicycle accidents if possible. Our experienced Lyndhurst bicycle accident lawyers can help assess the relevance of photos from the scene of your crash during a free case review.
Additionally, accident reports may also be very useful when proving that another driver was responsible for a bicycle accident. After any crash, 911 should be called so a police officer may visit the scene to draft his accident report. An officer’s report may provide the following details:
- Information regarding the parties involved in the crash
- Information regarding the property damaged in the crash
- Statements from parties involved in the crash
- A drawn diagram of the crash
- An officer’s notes regarding how or why a crash happened
Accordingly, accident reports may be very valuable to our Lyndhurst bicycle accident lawyers when proving that another driver caused or contributed to your crash. Our team can offer assistance when retrieving a copy of your official accident report.
Witness statements are another common type of evidence used to prove fault for bicycle crashes. Witnesses can help establish who was at fault by explaining the events that occurred before, during, and after an accident. For instance, a witness may testify that another driver ran a red light immediately before striking a defendant bicyclist. Victims of bicycle accidents should attempt to gather contact information for any potential witnesses to their collisions if possible.
Expert Witness Statements
Furthermore, expert witness statements are often used to prove fault for a bicycle accident. An expert witness is considered an expert because of their education, training, and experience in a particular field. An expert witness can help explain complex details regarding the cause of an accident. For example, an accident reconstruction expert may be summoned to explain why a motorist was at fault for a bicycle collision that occurred at an intersection. Our experienced Lyndhurst bicycle accident lawyers can help call on the right experts to support your case.
Traffic Camera Footage
Traffic camera footage is also a type of evidence used to prove fault in many bicycle accident lawsuits. Like eyewitnesses, surveillance footage from traffic cameras can be used to explain how or why a crash occurred. However, obtaining relevant traffic camera footage can be complicated. Our team can help recover pertinent traffic camera footage in your case.
Lastly, your personal recollection of a crash can be highly beneficial to our Lyndhurst bicycle accident lawyers when proving fault in your case. Recalling the details surrounding your accident may be pivotal to your claim’s success. However, as time passes, certain details are easily forgotten. Therefore, you should write down your personal recollection of your crash while your memory is fresh.
Elements of a Bicycle Accident Lawsuit in Lyndhurst, NJ
Bicycle accident lawsuits can come in several forms. The legal strategies that apply to your case may differ depending on a variety of circumstances surrounding your accident. However, in every case, plaintiffs must establish the following four elements:
- The defendant driver owed you a duty of care
- The defendant driver breached their duty of care
- You were injured because of the defendant driver’s breach of duty
- You suffered damages because of your injuries
Applying these elements to your case can be a complicated process. Our Lyndhurst bicycle accident lawyers can help determine if the aforementioned elements have been established during a free review of your case.
Time Limit to File a Bicycle Accident Lawsuit in Lyndhurst, NJ
According to N.J.S.A. § 2A:14-2, you will generally have two years from the date of a bicycle crash to file a bicycle accident lawsuit in Lyndhurst. However, you should attempt to file your case as soon as possible. There are numerous other requirements that must be adhered to when brining a case to court. Failure to comply with any particular requirement may force you to re-file your claim. Our Lyndhurst bicycle accident lawyers can provide guidance and support when filing your lawsuit.
If You Were Injured Because of a Bicycle Accident in Lyndhurst, NJ, Our Lawyers Can Help
If you were injured because of a bicycle accident, seek assistance from our experienced Lyndhurst bicycle accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.