Cyclists are at a greater risk of getting into an accident as they are not protected from anything. Their small body also makes it less likely for drivers to be able to spot them. Bicycle injuries are more common in New Jersey, with an increase in the number of bicycle riders on the streets and off the road.
These crashes are separated from others because they most often include motor vehicles, pedestrians, or other cyclists, and this gives them their own unique set of legal issues regarding insurance.
Knowing how different legal concepts are applied to bike injuries can be very useful for both cyclists and those sharing the road with them. An examination of the leading legal issues plus all those insurance problems that come from bicycle accidents. Check out njpa-law.com for seeking legal representation.
What are the legal issues involved in a bicycle accident?
1. Liability and Fault:
The most challenging part of bicycle accident cases is figuring out who to blame. Compared to motor vehicle accidents, which may seem simple in terms of traffic laws and collision dynamics, bicycle crashes can get complicated with right-of-way rights or when it comes to signaling and road sharing. Bicyclists must follow the rules of traffic just like vehicles.
2. Negligence and Comparative Fault:
Most jurisdictions decide who is at fault for a bicycle accident using principles of negligence, which account for whether one party acted carelessly given the circumstances.
Some states also have a comparative fault, in which the damages you can recover are decreased as your percentage of fault increases. Bicycle accidents can be even more difficult, as bike crashes often result from a combination of road conditions and cyclists.
3. Hit-and-Run Incidents:
Hit-and-run accidents can be some of the most troublesome to deal with from a legal standpoint in terms of bicycle laws. But in such cases, attribution is not easy or impossible, which makes it challenging for you to claim compensation.
It can be hard to prove those events leading up to the accident with no witnesses or film of it, even when you do find who was driving.
4. Legal Protections and Advocacy:
More recently, there has been an increasing movement to solidify legal protections for cyclists. Municipal or local bicycle ordinances may also prohibit hindering a bicyclist and require vehicles to pass at a safe distance.
At the same time, enforcement and interpretation of these laws are inconsistent at best, regularly resulting in lawsuits over their meaning or implementation.
What are the insurance-related issues related to bicycle accidents?
1. Insurance Coverage Gaps:
Many cyclists experience difficulty getting sufficient insurance coverage. Like bell-bottom pants, long hair on men, and eight-track tapes, bike coverage is not included in standard auto insurance. This can consist of property damage, pain, and suffering, both of which are not covered by health insurance.
2. Underinsured or Uninsured Motorists:
After a cyclist is struck by an uninsured motorist, getting any compensation can be pretty tricky. If a driver is underinsured or has no insurance, it may be possible for cyclists to obtain compensation via their own uninsured/underinsured motorist coverage. But that is not always an option or enough, especially if the policy limits are low.
3. Claims Process and Disputes:
When it comes to bicycle accidents, the insurance claims process can be a long, causative series of disputes. Insurance companies may try to reduce payouts by claiming the cyclist bears some responsibility or challenging how bad injuries are.
In many cases, cyclists must submit a large bank of corroborating evidence like medical records and police reports when filing for damages, which can be an intimidating process that takes weeks or months.
Claim compensation today!
Bicyclists should be double-checked about the legal side of things, and they must have insurance coverage that will protect them in case anything wrong happens. Furthermore, in case of an accident, the victim has the right to seek legal representation and get the proper compensation for their injuries and other damages.
