Getting hit by a bike does not sound that serious but these accidents can yield injuries and damages of equal or even greater severity than a car crash. When a pedestrian is hit by a bicyclist they have several rights and legal options available to them. It is crucial that you understand the steps to take after being involved in a bike accident. Reach out to a Middlesex County auto accident attorney to learn more and obtain skilled representation after your accident.
What Are NJ’s Bike Laws?
According to New Jersey law, all bicyclists are granted the rights and subject to the duties of a motor vehicle driver. This means that bikes are considered vehicles and bikers must abide by all of the rules of the road.
Riding a bike on the sidewalk is not prohibited under NJ state law except for motorized or electric bikes. However, individual towns or municipalities govern this rule. For example, New Brunswick which is in Middlesex County restricts biking on sidewalks and issues fines for each offense.
When on the road all cyclists must abide by the same traffic laws that cars do, including stopping at red lights and stop signs, yielding the right of way to pedestrians, signaling when stopping or turning, etc.
What Can a Pedestrian Do After Being Hit By a Bicyclist?
If you are a pedestrian and were hit by a bicyclist you may be able to pursue compensation for your injuries, given that the cyclist was reckless or negligent in their actions. Depending on you and the biker’s auto insurance policies you may be able to file a claim to receive damages through insurance, though this is not always foolproof.
You may also choose to file a lawsuit against the bicyclist or their company if they were biking for work. With the help of a skilled attorney, you can build a case that proves the cyclist’s negligence. You can collect evidence including surveillance footage, photos and videos from the scene of the accident, eyewitness testimony, and more to establish that:
- The bicyclist owed you a duty of care
- The bicyclist breached their duty
- The breach caused the accident
- You sustained damages as a result of the accident
What Damages Can Be Collected?
If you win your lawsuit against the bicyclist, you can recover compensation for various expenses and damages. Bike accidents can be serious and result in significant damage. Consider the following.
- Medical expenses like the ambulance ride, doctor visits, surgeries, medication, treatments, rehabilitation, and more
- Property damage sustained as a result of the accident such as if the pedestrian’s phone or other personal property broke during the accident or fall
- Lost wages due to time taken off work for recovery
- Pain and suffering or other emotional damages
Your rights and options after a bicycle accident are similar to that of a car accident. Reach out to an experienced attorney to learn more and obtain skilled representation.
