While bicycles offer people a healthy form of transportation, bikes provide no protection when the rider is involved in an accident with a motor vehicle. When a bicycle accident takes place, the bicycle rider can suffer serious and catastrophic injuries that can lead to permanent disability or even death.
If you or someone you love has been injured in an accident while riding a bike because of a driver’s careless actions, you should know that the State of New Jersey allows for legal recourse. Financial compensation can be obtained to cover the expenses caused by the accident when the accident was caused as a result of negligence. To ensure the highest compensation is obtained, discussing the case with a well-versed personal injury attorney is highly recommended.
The Intricacy of Proving a Bicycle Accident Claim
When a person has suffered serious injuries after being struck by a vehicle, monetary damages could be obtained in a successful bicycle accident claim. In order to achieve a successful claim, it is critical that certain elements are presented in the case.
- Duty of Care – In New Jersey, drivers have a legal obligation to drive in a manner that is responsible and avoids causing injury or harm to others. Generally, this means that drivers must follow traffic laws, such as abide by posted street signs, avoid distractions, and yield the right of way to bicyclists and pedestrians.
In an accident claim, the injured bicyclist must be able to demonstrate that the driver who injured him or she owed him or her a duty of care.
- Breach of Duty – A breach of duty of care means that the driver failed to act in a reasonably safe and careful manner. Essentially, a breach of duty in a bicycle accident claim means that the driver violated a traffic law. To prove this element in a claim, it is necessary to present evidence that the negligent driver committed the following: Failed to yield the right of way, Was driving while intoxicated, Was driving while distracted, or Was engaging in road rage.
- Causation – To prove causation in a claim, it is necessary to demonstrate that the driver’s breach of duty was a direct cause of the bicycle accident, which resulted in the bicyclist’s injuries and losses. This can be one of the most difficult elements to prove in a case, as it can sometimes be difficult to prove that the accident actually caused the victim’s injuries.
- Monetary Damages – Bicycle accidents will usually result in substantial damages. It is necessary to prove that these damages were caused as a result of the accident. Common damages resulting from the accident include, but are not limited to: Medical costs, Loss of employment, Disability, Pain and suffering, and Emotional distress.
Discuss Your Case With a Qualified New Jersey Bicycle Accident Attorney Today
After a bicycle accident, the resulting injuries can leave a victim with extensive financial burdens and long-lasting physical pain. For this reason, it is critically important to obtain the support of a qualified attorney who can ensure the highest compensation is obtained. If you were injured in a bicycle accident, take swift action and speak to a skilled attorney who will advocate on your behalf.
The bicycle accident attorneys at Harrell, Smith & Williams, LLC have many years of dedicated experience helping injured victims obtain the compensation they needed after an accident. The law firm is committed to providing proficient legal representation to every one of their clients, ensuring every case receives the attention it needs and deserves. Following a bicycle accident, the attorneys at Harrell, Smith & Williams, LLC have the experience needed to help you build a strong case. Consider contacting the firm today to learn more about how you can obtain the compensation you deserve.
