Perth Amboy Bicycle Accident Attorney
Riding your bicycle should not have to be a game of life or death. You can sue negligent drivers after a collision with the help of a skilled and experienced attorney.
Handling a bike accident case can be challenging, which is why you need a lawyer to lead the way. Immediately after the crash, focus on getting help and emergency medical care. You should talk to a lawyer as soon as possible about how to get compensation from the negligent driver. An insurance claim is a likely outcome, and a lawsuit might be possible depending on the situation and your insurance policy. Preparing a lawsuit takes time and effort. We must evaluate injuries and damages, collect all the evidence we can find, and submit a formal complaint to the court.
Schedule a case assessment for no charge with our bicycle accident lawyers at The Carrion Law Firm by calling (718) 841-0083.
How to Handle a Bicycle Accident in Perth Amboy
Bicycle accidents can be chaotic, and it might be easy to lose your cool and panic. The most important thing you can do is remain calm and get help. Once a physician has treated you for injuries, our bicycle accident attorneys will help you initiate legal action for damages.
Immediately After the Accident
Right after the accident, your top concern should be calling for help. If you or someone nearby has a phone, call 911 and get the police and emergency medical responders dispatched to your location immediately. People are sometimes reluctant to get medical attention if they do not believe they suffered bad injuries. However, getting urgent care is important not only for your health but also as a way of establishing records of your injuries for evidence.
Also, immediately following the accident and after you have called for help, try to take photos of the surrounding area. If you are physically able to do so, taking some pictures might save important details we can use to your advantage. Make sure to photograph the driver, their vehicle, and the license plate.
Talk to a Lawyer
After a doctor has treated you, you should contact an attorney. A lot of injured accident victims are reluctant to get lawyers involved. They usually are afraid of a drawn-out legal battle and expensive legal fees. Consulting with a lawyer does not mean you must sue or take other legal action. However, it is still wise to talk to a lawyer to learn about your rights and legal options.
Insurance Claims
Insurance laws in New Jersey more or less treat bike accidents the same as car accidents as long as the bike crash involves a vehicle. This means you can file an insurance claim after a bike accident through your auto insurance provider.
Under New Jersey’s no-fault insurance laws, specifically N.J.S.A. § 39:6A-4, all drivers must carry personal injury protection (PIP) insurance. Additionally, you do not need to be driving to be covered by this insurance. Pedestrians, including bike riders, are also covered by their own auto insurance, the other driver’s insurance, or the insurance of someone in their household (e.g., a spouse or parent).
Because PIP insurance is not based on fault, you do not have to prove that the other driver caused the accident. This can be helpful to injured bike riders who need financial help quickly, but the policy terms may limit insurance coverage, and non-economic losses are often not covered.
Filing a Lawsuit
Filing a lawsuit can help you claim damages not covered by insurance, although getting a lawsuit started is somewhat complicated because of the state’s insurance laws. If your PIP insurance covers you in New Jersey, you may have a limited or unlimited right to sue. You can choose either option when purchasing your insurance policy.
Under a limited right to sue, you can only file a lawsuit after receiving insurance compensation if you suffered a serious injury. A serious includes lost body parts or appendages, significant disfigurement or scarring, loss of a fetus, displaced fractures, death, and other permanent injuries.
If your right to sue is unlimited or you are not covered by PIP insurance, you do not have to prove you experienced a serious injury.
How to Prepare Your Bicycle Accident Lawsuit in Perth Amboy
Lawsuits do not just file themselves. A lot of work and preparation goes into a lawsuit, and an attorney can help you get your case together before submitting it to the court.
Assess Damages
One of the first things we must do when preparing your case is assess your damages. When we submit your complaint, we need an accurate idea of how much your injuries are worth and what kind of compensation you need from the defendant.
Assessing damages means calculating the various costs and expenses that go into your economic damages. These might include medical bills, the cost of repairing your bike, and lost income because you were too hurt to return to work.
While we can try to assess your non-economic damages, like pain and suffering, these damages are very subjective, and pinpointing a precise value is difficult. Usually, we can present your claims for non-economic injuries to the jury, and they will have the final say on how much they are worth.
Gather Evidence
Next, we need to find as much evidence as possible to support your claims so you can get your damages covered. Evidence might be found almost anywhere, and no stone should be left unturned. Photos from the accident scene, your medical records, and witnesses testimony from people who saw the accident might all be extremely powerful pieces of evidence.
File a Complaint
Once your complaint is ready, we must file it with the court. This involves more than simply submitting our forms and paperwork to the court. We must make sure that we file the complaint with the correct court. If we submit the case to a court without proper jurisdiction, we may be rejected, and we will have to start over.
In addition, we need to serve notice of your complaint to the defendant. The notice informs the defendant that they are being sued and gives them an opportunity to file an answer to your allegations. If notice is not properly served, the case cannot move forward.
Contact Our Perth Amboy Bicycle Accident Lawyers for Assistance
Schedule a case review free of charge with our bicycle accident attorneys at The Carrion Law Firm by calling (718) 841-0083.