NY & NJ Bicycle Accidents Lawyers

Being that summer is here, many people will find themselves ready to enjoy a plethora of outdoor activities after spending a long and dreary winter indoors. One of the more popular summer outdoor activities in New York and New Jersey is bicycling. Unfortunately, an increased number of cyclists on the road translate into an increased number of bicycling accidents with motor vehicles.

NEW YORK BIKE RIDING / CYCLING ACCIDENTS

Urban cyclists find themselves at the greatest risk for accidents considering the number of motor vehicles they must compete with for road space. If you’re reading this right now and plan on joining the thousands of other cyclists out there this summer, you should have a basic understanding of the law regarding cyclists involved in motor vehicle accidents.

Who should pay for treatment of my injuries sustained in the bike accident? First, you should look to a policy of No-Fault insurance for payment of your medical bills. However, there may be some investigatory work that needs to be done to ascertain the necessary information. Furthermore you will most likely have to submit a claim form to the insurance company to open up your claim. Finally, all of these prerequisites to obtaining coverage for treatment of injuries sustained in a bike accident may be subject to strict time frames which may need to be followed in order to be covered.

In New York, if a cyclist is hit by a motor vehicle, the cyclist will be covered under New York’s No-Fault law. New York’s No-Fault law provides for recovery of “basic economic loss”, which generally includes expenses incurred for medical treatment and lost earnings, sustained as a result of an accident. In order to recover for damages beyond your “basic economic loss”, i.e. non-economic damages such as pain and suffering, you must satisfy New York’s Serious Injury Threshold. A person - in this case a cyclist - must have suffered at least one of the following in order to recover for non-economic damages:

(1) Death;

(2) Dismemberment or significant disfigurement;

(3) Fracture;

(4) Loss of a fetus;

(5) Permanent loss of the use of a body organ, member, function or system;

(6) Permanent consequential limitation of use of a body organ or member;

(7) Significant limitation of use of a body function or system; or

(8) A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

Therefore, if a cyclist suffers one of the above, he or she may be able to recover for the pain and suffering sustained as a result of a motor vehicle accident.

NEW JERSEY BIKE RIDING CRASH / CYCLING ACCIDENTS

Under New Jersey’s Personal Injury Protection coverage, a cyclist who is injured in a motor vehicle accident may also be compensated for economic loss sustained as a result of that accident. In cases where you, the cyclist, is hit by a motor vehicle and you are required to maintain automobile insurance in the State of New Jersey, your insurance may provide coverage for economic loss you sustained as a result of that accident. In the event you are not required to maintain automobile insurance coverage, but a family member of your household is, that family member’s insurance may provide coverage for economic loss you sustained as a result of that accident. If you fall into one of the two previously mentioned categories then you may be subject to New Jersey’s Verbal Threshold standard. Similar to New York’s No-Fault Serious Injury Threshold, New Jersey’s Verbal Threshold standard requires a person suffer at least one of the following in order to recover for non-economic damages sustained as a result of a motor vehicle accident:

(1) Death;

(2) Dismemberment;

(3) Significant disfigurement or significant scarring;

(4) Loss of a fetus;

(5) Displaced fractures; or

(6) A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment.

However, if you are a cyclist who is a resident of the State of New Jersey and is neither required to maintain automobile insurance coverage nor has a family member in your household who is required to do the same, then you may not be subject to New Jersey’s Verbal Threshold as indicated above.

If you’ve been involved in a cycling accident, do not hesitate to call the attorneys at Fishbeyn & Briskin, P.C. Our friendly staff is available to answer any questions you may have concerning your accident.

Enjoy your summer and happy cycling!

If you have been injured while riding a bicycle whether it is the result of being hit by another automobile or losing control of your bicycle due to poor or defective road conditions (potholes, loose hardware in the road, defective or depressed manhole covers, defective or incorrect street signs or even accidents with other bicycle riders, you can call one of the bike accident lawyers at Fishbeyn & Briskin for a FREE Consultation on how to obtain treatment for your injuries and whether or not you may be entitled to an award of money for your pain and suffering resulting from your biking accident.

Fishbeyn & Briskin represents adults and children / kids injured in bike accidents throughout New York City (NYC) Brooklyn, Bronx, Manhattan, Queens and Staten Island

As well as … Northern and Central New Jersey NJ – including Bergen County, Hudson County, Middlesex County, Union County, Mercer County, Monmouth County, Somerset County, Essex County, Passaic County, Union County and Ocean County