Bicycle & Scooter Safety: Understanding Your Rights and Filing a Personal Injury Claim

Bicycles and electric scooters have become popular ways to travel and enjoy the outdoors. They are convenient, affordable, and environmentally friendly. However, riders are also vulnerable when sharing the road with cars, trucks, and other vehicles.

A bicycle or scooter accident can result in serious injuries. Knowing how to stay safe, what to do after an accident, and how to protect your legal rights can be important if you are injured.

Common Causes of Bicycle and Scooter Accidents

Bicycle and scooter accidents can happen for many reasons. Common causes include:

  • Drivers failing to yield to bicyclists or scooter riders
  • Distracted driving or riding
  • Speeding or reckless driving
  • Drivers opening vehicle doors into the path of a cyclist
  • Failing to check blind spots before turning
  • Unsafe lane changes
  • Driving under the influence of alcohol or drugs
  • Potholes, debris, or poorly maintained roads
  • Riding against the flow of traffic
  • Failing to use required lights or reflective equipment

Even when a rider follows the rules of the road, a negligent driver can cause a serious collision.

New Jersey Bicycle and Scooter Safety Rules

New Jersey law requires bicyclists and certain scooter riders to follow applicable traffic laws. Riders should obey traffic signals, signs, lane markings, and other rules governing the road.

Electric scooters are subject to specific requirements under New Jersey law. Depending on the type and capabilities of the scooter, requirements may include equipment, registration, licensing, and insurance requirements.

In particular, scooters capable of traveling at speeds over 20 miles per hour may be subject to additional requirements, including licensing, registration, and insurance.

Because the legal requirements can vary depending on the type and speed of the vehicle, riders should make sure their bicycle or scooter complies with the requirements applicable to that vehicle.

Safety Tips for Bicycle and Scooter Riders

Taking reasonable safety precautions can help reduce the risk of an accident.

Wear a Helmet

A properly fitted helmet can help reduce the risk of certain head injuries. Riders should also consider reflective clothing and other protective equipment appropriate for their type of riding.

At night or during periods of limited visibility, use the required lights and reflective equipment.

Follow the Rules of the Road

Riders should:

  • Travel in the appropriate direction of traffic
  • Obey traffic signals and signs
  • Use appropriate hand signals when turning
  • Watch for vehicles entering or leaving driveways
  • Avoid texting or using a phone while riding
  • Maintain a safe speed
  • Never ride while impaired by alcohol or drugs

What to Do After a Bicycle or Scooter Accident

If you are involved in a bicycle or scooter accident, your first priority should be your safety and medical care.

If you are able to do so safely, move away from traffic and remain at the scene. Call 911 when appropriate and request medical assistance.

Document the Accident

Important evidence can disappear quickly. If you are physically able to do so, take photographs of:

  • Your injuries
  • Your bicycle or scooter
  • Damage to the vehicle involved
  • The accident scene
  • Road conditions
  • Traffic signs and signals
  • Potholes or other roadway hazards
  • Skid marks, debris, or other relevant evidence

Obtain the driver’s name, contact information, insurance information, and vehicle information. If witnesses saw the accident, ask for their contact information.

A police report may also provide important documentation regarding the accident.

Seek Medical Attention

Some injuries may not become apparent immediately following an accident. Adrenaline and shock can temporarily mask pain or other symptoms.

A medical evaluation can identify injuries and allow appropriate treatment to begin. It also creates documentation of your injuries following the accident.

Follow your healthcare provider’s recommendations and keep records of your medical appointments, treatment, prescriptions, bills, and other accident-related expenses.

Do not assume that feeling fine immediately after an accident means that you were not injured.

Filing a Bicycle or Scooter Injury Claim in New Jersey

If another person’s negligence caused your accident, you may be entitled to seek compensation for your injuries and other losses.

Depending on the circumstances of your case, compensation may include:

  • Medical expenses
  • Future medical treatment
  • Lost wages
  • Loss of future earning capacity
  • Rehabilitation expenses
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Other damages permitted by law

Determining responsibility for a bicycle or scooter accident can require a careful review of the circumstances. Evidence such as traffic laws, witness statements, photographs, police reports, surveillance footage, and other records may be important in establishing what happened.

Be Careful When Speaking With Insurance Companies

After an accident, an insurance company may contact you and ask questions about what happened.

Be truthful, but avoid guessing about what caused the accident or making statements that minimize your injuries. Statements made shortly after an accident may later be considered when an insurance company evaluates your claim.

You should also be cautious before signing a release or accepting a settlement. Once a claim is settled, you may be unable to seek additional compensation for injuries or losses that were not fully understood at the time of settlement.

Do Not Wait Too Long to Act

Personal injury claims are subject to statutes of limitations and other legal deadlines. The applicable deadline can depend on the circumstances of the accident and the parties involved.

Waiting too long may affect your ability to pursue a claim.

If you have been seriously injured, it is important to preserve evidence and speak with a qualified personal injury attorney as soon as reasonably possible.

Protect Your Rights After a Bicycle or Scooter Accident

Bicycle and scooter riders have responsibilities when using New Jersey roads, but they also have legal rights. If a careless or negligent driver causes a collision, simply being on a bicycle or scooter does not automatically make the rider responsible for the accident.

Getting medical attention, documenting the accident, preserving evidence, and carefully handling communications with insurance companies can help protect your rights.

If you or a loved one has been injured in a bicycle or scooter accident in New Jersey, contact our office to discuss your accident and learn more about your legal options.

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