If you have been injured due to a bicycle accident, you should contact a New Jersey bicycle accident attorney. An attorney can help you file a claim against the responsible party. The following are some of the types of claims that can be made in such cases. Negligence, Fatigue, Impatience, and Loss of consortium.
Negligence
Negligence is a common point of contention in bicycle accident law. In many cases, the driver is only 1% at fault for the accident, but this does not mean the bicyclist is not entitled to restitution. Negligence can be proven in two different ways. In one, the driver may be able to demonstrate that he was at fault by using the law of comparative negligence to assign blame.
In another scenario, the bicycle accident may be caused by improper maintenance or faulty bicycle parts. In either case, the injured bicyclist can file a lawsuit against the negligent driver or manufacturer.
Fatigue
Fatigue is one of the most common causes of bicycle accidents. It can cause numerous health problems and even sleep disorders. Fatigue also increases a driver’s risk of an accident while on the road. Bicyclists are especially at risk when someone is driving a vehicle while fatigued or during rush hours.
It is important for bicyclists to seek medical treatment immediately after an accident. Many people don’t realize they’ve been injured until several hours later, which means that even seemingly minor injuries can lead to chronic problems. It is also important to remain alert at the scene of the accident, so that you can collect the driver’s information and obtain witness information.
Impatience
Bicycle accidents are often caused by negligent drivers who fail to yield to cyclists. According to the National Highway Traffic Safety Administration, driving under the influence of alcohol or drugs impairs a driver’s ability to think clearly and take action. Impatience or inattentiveness can also result in an accident. Bicyclists can also be injured in bicycle accidents because of defective roads or stop signs. Bicycle accident victims may have the right to sue the driver, city, municipality, or utility company for negligence.
After an accident, insurance companies often contact the victim of the accident and ask them to give a recorded statement. While this may seem innocuous, the truth is that the insurance company can use your statements against you, even if you say nothing. A New Jersey bicycle accident attorney can handle all communications with insurance companies on your behalf.
Loss of consortium
In the event that you are unable to care for your spouse after a bicycle accident, you may be entitled to compensation for loss of consortium with the help of a New Jersey bicycle accident attorney. However, bringing a loss of consortium claim can be complicated. Many defense attorneys try to limit the compensation you can receive. If you want to succeed, you need an experienced personal injury lawyer. An experienced lawyer will be able to provide the best legal advice and represent you in court, ensuring that you receive the maximum compensation you are entitled to.
The courts will look at various factors when determining a loss of consortium claim. For example, the duration of the relationship, its closeness, and the life expectancy of the injured party will be taken into account. Whether or not your spouse will be able to care for your children after the accident may also be considered.
