New Jersey Bicycle Accident
In order to recover compensation in a bike accident injury or fatality case, you must first establish that the driver’s negligent conduct resulted in the crash. In some cases, there may be more than one person contributing to the accident, making determining who is financially responsible even more complicated.
Some causes of bicycle accidents may be:
- Failure to yield
- Alcohol or Drugs
- Aggressive Driving
- Failure to obey traffic signals
- Improper turn
- Distraction while driving – Texting, talking on the phone, etc…
While no one can anticipate getting injured in a bicycle accident, the steps you take following an incident can have a direct outcome on your ability to recover from the party responsible for your accident.
You must file suit within two years of the bicycle accident. If a case is not filed within the two-year statute of limitations, your case will not be heard and you will lose out on your right for compensation.
Damages in New Jersey personal injury cases are split into two categories: compensatory and punitive damages.
Compensatory damages are designed to reimburse the plaintiff for losses suffered as a result of the defendant’s negligence, whether they be financial (lost wages, medical bills), physical, or emotional losses.
Punitive damages are designed to punish the defendant for particularly egregious or negligent behavior. Punitive damages are awarded in the most troubling of cases, including cases of intentional injury.
Sometimes it is possible to resolve compensation issues through the insurance companies through negotiations but they do not always have the victim’s best interests at heart. By agreeing to an insurance company’s first offer, you could lose out on potential compensation and forfeit your right to seek additional damages.