Getting hit by a car while cycling is a life-altering experience, even if you manage to escape unscathed. If you do suffer injuries, the physical and emotional trauma is even more intense, compounded by the financial burden of mounting medical bills and an inability to work. If you sustained injuries in a bike accident in New Jersey, you may be entitled to compensation for your losses.
This article will guide you through maximizing your bike accident compensation, ensuring you receive financial support for your suffering from the party that caused the accident. The road to recovery after a bike accident can be long and arduous.
However, by understanding the types of compensation available, the factors influencing an average settlement for a bicycle accident, and the common causes of bike accidents, you can maximize your chances of receiving fair bicycle accident compensation and move forward with your life.
What Can I Recover?
In New Jersey, bike accident compensation falls under personal injury law. A victim may recover two types of compensatory damages: economic and noneconomic. Economic damages refer to the tangible financial losses you suffered in the accident. Common examples include:
- Medical expenses. Medical expenses include all past and future medical bills associated with your injuries, including doctor visits, hospital stays, surgery, medication, and physical therapy.
- Lost wages. You can be compensated for lost income if you missed work due to your injuries and future lost wages if your injuries impact your ability to work long-term.
- Property damage. Your attorney should include the cost of repairing or replacing your damaged bicycle in your cycling accident compensation claim.
- Other out-of-pocket expenses. These expenses may include transportation costs to medical appointments, home care services, or home modifications needed due to your injuries.
Your lawyer proves your economic losses through objective evidence, including receipts, invoices, pay stubs, and other similar documentation.
Noneconomic damages compensate you for the intangible losses you’ve suffered from your accident. Common examples include the following:
- Pain and suffering. Pain and suffering cover the physical discomfort and emotional distress caused by your injuries.
- Loss of consortium. Many victims are unable to maintain their relationships in the same way as before their accident, and loss of consortium damages compensate for the loss of companionship, affection, and support due to the accident.
- Loss of enjoyment of life. Loss of enjoyment of life covers the inability of a victim to participate in activities they once enjoyed because of their injuries.
- Scarring and disfigurement. Compensation for the emotional and social impact of permanent scarring from the accident.
A victim’s testimony and testimony from their friends and family about how their injuries have affected their daily lives is vital to proving noneconomic damages.
There’s also a third category of damages known as punitive damages. Rarely awarded in bike accident cases, Courts use punitive damages to punish the at-fault party for their egregious or reckless behavior. Punitive damages differ from compensatory damages, which serve to make the victim whole again financially.
What Factors Affect My Potential Payout?
The amount of compensation you receive, often referred to as the car vs bicycle accident settlement amount, depends on several factors:
- Severity of your injuries. The more serious your injuries, the higher your bicycle injury compensation will likely be and includes the extent of medical treatment required and the long-term impact on your quality of life.
- Liability of the at-fault party. A clear determination of who caused the accident strengthens your case. Evidence, including witness statements, police reports, and traffic camera footage, solidify your claim.
- Shared fault. If you’re found partially at fault for the accident, your compensatory award is reduced according to your percentage of fault. New Jersey follows a comparative negligence system.
- Insurance coverage. The at-fault party’s insurance coverage limits influence the maximum amount you may recover in your bike accident claim amount.
After analyzing the details of your case, your attorney can provide you with an estimated value to help guide your expectations and negotiation discussions.
Common Causes of Bike Accidents
Understanding common causes of bike accidents can empower you to avoid similar situations. Here are some frequent causes of bike accidents in New Jersey:
- Dooring—a driver opens their car door into the path of an oncoming cyclist;
- Right-turn collisions—a driver turning right fails to yield to a cyclist proceeding straight;
- Left-hook collisions—a driver making a left turn collides with a cyclist traveling straight;
- Unsafe passing—a motorist improperly passes a cyclist, not leaving enough space; and
- Drunk driving—operating a vehicle under the influence significantly increases the risk of an accident.
By familiarizing yourself with these common causes, you can be more vigilant while cycling, potentially avoiding an accident altogether.
Contact Us
At Glugeth & Pierguidi, P.C., we understand how hard it may be for you and your family to pick up the pieces after a devastating accident. It’s vital to seek the medical treatment you need immediately and then call us for answers to your questions. We carefully listen to your story so we can prepare a successful strategy for negotiating and litigating on your behalf. We aim to achieve the maximum compensation you deserve for your injuries. Don’t miss out on the financial support you need and deserve. Contact us today for a free consultation to learn more about how Glugeth & Pierguidi, P.C., can help you hold the right person responsible for your life-changing injuries.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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