What to do if you collide with a car while riding a bike

Biking is an eco-friendly way – and a great way to get some fresh air and exercise. Unfortunately, not all drivers respect the safety of bikers, and reckless or distracted driving can easily put you at risk of serious injury.

If you have been hit by a car while riding a bike, you may be wondering about your next steps. We’ve put together answers to some of your most common questions so you can make sure you get all the benefits you deserve.

How does New Jersey law classify cyclists?

New Jersey law is somewhat complicated in how it classifies cyclists on the road. Cyclists in New Jersey are technically classified as “pedestrians”, as bicycles are driven by muscle power. However, cyclists have many of the same rights and duties as drivers, which makes it important to address injury and liability issues.

What should I do if I am hit by a car while riding a bike?

If you are able, you should carefully document the scene of the accident. Take pictures, talk to witnesses, and be sure to talk to any police officers sent to the crash site. If you need to make a claim for injury or damage to your bike, it will be important to properly document the accident. If you are not able to obtain this information, seek help from someone who may be able to do it for you.

If you are injured, you should seek medical attention as soon as possible, especially if you have suffered a head injury, experience nausea, ringing in the ears, a headache, or any other symptom associated with a head injury.

Lastly, you should contact a lawyer and inform that lawyer about all the facts surrounding the accident. Working with an attorney can help ensure that you are treated fairly if you need to make an insurance claim or pursue damages from the person who caused the accident.

How do I know if I or my child has had a head injury?

Head injuries are one of the most common and dangerous injuries that can result from a bike accident or collision.

Look for warning signs such as dizziness, headache, double vision, nausea and vomiting, confusion, or memory loss. Any of these symptoms may be a sign that you or your loved one has suffered a concussion or other brain trauma and needs to be reported to the hospital as soon as possible for a complete evaluation.

How will my medical bills be paid?

New Jersey is a “no-fault” state, which means that the medical expenses of every driver involved in an accident are covered through driver’s insurance, regardless of who was at fault for the accident.

Although bikes are treated differently than cars by New Jersey law, cyclists who are injured in a collision with a vehicle may be covered by their health insurance or their auto insurance PIP benefits.

Typically, PIP benefits cover medical expenses arising from injuries sustained while driving the insured vehicle or while boarding the insured vehicle. However, there is legal precedent in New Jersey for uninsured drivers to receive PIP benefits from their insurance company, even if they are injured on the road while riding a bike as a “pedestrian.”

Can I claim additional damages?

If you or someone covered by your auto insurance plan is hit by a car while riding a bike, it may be possible to claim or be sued for non-pecuniary damages or pain and suffering – but it depends on the specifics of your auto. Depends on the insurance policy.

Buyers of auto insurance in New Jersey are automatically subject to a “litigation limit” (also known as a lawsuit threshold) unless they actively choose to “opt out” of this limit. , and those who do not opt-out must meet specific criteria. before they can file a claim for non-pecuniary damages. As such, we recommend that you opt out of the litigation limit option when selecting an auto insurance plan.

Do I need to know who killed me?

Since New Jersey is a no-fault insurance state, you will still be entitled to similar benefits and coverage through your insurance if you are involved in a hit and run and do not know the identity of the driver.

If your insurance plan includes uninsured or underinsured motorist benefits, you may be able to pursue further damages for injuries or aches and pains.

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