Bicycle accidents can happen without any warning. One minute, you’re riding along, and the next, your world is turned upside down.
If you are anything like most Marlton bicycle accident victims, your injuries landed you in the hospital, where you may need to spend days, weeks, or more recovering. Once you’re released from the hospital, you may be well on your way to physical recovery, but this comes at a cost—namely, medical expenses. You may be wondering how in the world you can pay for your medical bills, especially if you’ve missed work.
You are not alone.
When you are ready, consider reaching out to a dedicated Marlton bicycle accident lawyer for assistance. You may be entitled to money damages from the driver who hit you.
Don’t listen to the insurance adjuster, who may try to convince you that you don’t have a case. Put aside the comments of any friends or family members who suggest that you could have avoided the accident. Instead, speak with an attorney about the possibility of bringing a Marlton personal injury claim.
If you’ve been involved in a bike accident in Marlton, follow these four simple steps
A Marlton bicycle accident lawyer makes the recovery process much easier – and can maximize your recovery amount.
Our dedicated Marlton bicycle accident lawyers are here for you. Our job is to hold negligent motorists and their insurance companies accountable for your damages. We will do everything we can to make sure that you get the damages you need to cover your expenses and move on with your life.
If you’ve recently been involved in a Marlton bike accident, you undoubtedly have a lot on your plate. You may be wondering when you will feel “normal” again, when you can return to work, and how you will ever pay for all the medical treatment you’ve received.
This is completely normal. The process of recovering—both physically and financially—after any serious accident is different for everyone, and it’s not one that you are likely familiar with. That’s not your fault.
However, it is important that you do certain things, not only to ensure your physical health and wellbeing but also to preserve your ability to pursue a claim against those responsible for your injuries.
We’re here to help with what may feel, at the moment, like an overwhelming process. Here’s what you should do after a Marlton bicycle accident.
This will probably come as no surprise, but the first thing to do after a Marlton bicycle accident is to report the accident by calling 911. Calling 911 to report an accident will ensure that you get the immediate medical attention you need and serve as important documentation of the accident.
However, before calling 911, be sure you are in a safe place. While you do not want to disturb the accident scene unnecessarily, you also don’t want to be at risk of further injury. Move off to the side of the road. If you feel you need to move your bike—for example, if it is blocking traffic—try to (safely) take a picture before moving it.
When the police arrive, tell them what happened by using objective, descriptive terms. Tell them the direction you were heading, where on the road you were riding, and where the car that struck you came from. Do not admit fault or say that you could have done anything differently. If you noticed the car that struck you was swerving or exhibiting any other aggressive or erratic driving behaviors, tell the police.
Let’s face it, some Marlton bicycle accidents are so serious that you don’t have the opportunity to do anything while waiting for emergency responders to arrive. However, if you can, it is a good idea to gather as much information and evidence as possible. While the police will also conduct an investigation, you don’t necessarily want to rely solely on their official investigation.
Perhaps the most important thing you can do is take pictures of the accident scene. Most of us have cell phones with cameras these days, so pull out your phone and snap a few photos.
Things you want to document include:
In addition, you will want to document where the accident occurred. Be as specific as possible. Finally, speak with any other people who witnessed the accident, being sure to get their contact information so that your attorney can follow up with them.
Most Marlton bicycle accidents result in very serious injuries. So serious, in fact, that many accident victims are immediately transported to the emergency room for treatment. However, even if emergency responders did not take you to the hospital right away, it is crucial that you take yourself to some sort of medical facility to get checked out.
Often, Marlton bike accidents can cause injuries that—while not visible—carry the potential to be extremely serious. Emergency responders are focused on making sure you are stable. They may not catch signs of these long-term, but not immediately life-threatening, injuries.
Frequently, bike accident victims are sent home, only to wake up the next day—or a few days later—with a host of symptoms they didn’t initially notice. The importance of visiting a doctor to obtain a medical diagnosis is crucial not only for your health but also to document your injuries. This can be critical evidence if you decide to pursue a bike accident claim.
Bicycle accidents can easily result in tens of thousands of dollars in medical expenses and other damages. If you don’t pursue a claim against the driver who hit you, you’re going to be the one on the hook for your medical expenses. You will also miss out on the chance to obtain compensation for your lost wages, pain and suffering, and other damages that weren’t your fault but that severely affected your life.
Hiring a Marlton bicycle accident lawyer costs you nothing upfront. At Console & Associates, our lawyers work on a contingency basis. We pay for all costs upfront and never bill you for anything unless we are successful in helping you recover financial compensation.
While bicyclist trips make up only a very small portion of all road traffic in the United States, cyclists are disproportionately involved in serious and fatal traffic accidents. According to the National Highway Transportation Safety Administration (NHTSA), in 2018, there were a total of 857 fatal bicycle accidents. The number of cyclists who suffer serious, often life-changing injuries is far higher. In 2018, the number of bicycle accidents involving injury exceeded 300,000, according to the Centers for Disease Control.
This makes bicycle accident injuries the 14th leading cause of preventable injury in the United States. Among children aged 5-14, bicycle accidents are the 8th leading cause of injury.
According to a 2017 report by the NHTSA, 75 percent of all fatal bicycle accidents occur on urban roads. Not surprisingly, given the many large cities in New Jersey, the state ranks higher than average when it comes to the proportion of fatal bicycle accidents as a total of all traffic-related deaths. Across the U.S., 2.1 percent of all motor vehicle fatalities involve bicyclists. In New Jersey specifically, that figure is more than 25 percent higher, with 2.7 percent of all traffic-related fatalities involving cyclists.
Despite being ranked as the 11th most bicycle-friendly state by the League of American Bicyclists in 2015, New Jersey is considered a “bicycle focus” state by the Federal Highway Administration (FHWA). The FHWA defines a bicycle-focus state as one in which the average annual number of bike/pedestrian roadway crash fatalities from 2011 to 2013 was greater than the average for the 50 largest cities, or the average annual number of bike/pedestrian-motor vehicle fatalities is greater than the average annual number of fatalities.
According to a report released by the N.J. Department of Transportation looking at New Jersey bicycle accidents between the years of 2008 and 2013, each year:
According to the most recent data from the N.J. State Police, there were three fatal Burlington County bicycle accidents in 2020. The exact number of Marlton bicycle accidents may not seem to be a major issue, but after considering the families of those injured or killed, it’s clear that these preventable accidents impact thousands of lives per year.
Bicycle accidents most often occur in urban areas. Suburbs are the next most common location for bicycle accidents. Marlton bicycle accidents often involve drivers crossing into the bike lane, drivers failing to yield to cyclists, drivers exiting parked cars, roundabouts, T-intersections, and merging situations.
In Marlton specifically, there is a mix of dangerous road conditions that cyclists must negotiate, including:
A few of the most dangerous roads in Marlton for cyclists include:
Outside of an urban environment, Marlton has the most dangerous mix of roads for cyclists. It’s no wonder why there are hundreds of serious Marlton bicycle accidents each year.
To successfully bring a Marlton bicycle accident claim, an injured cyclist must prove that the driver who struck them was negligent. In addition, New Jersey personal injury law allows accident victims to hold employers accountable for their employee’s negligence.
To establish liability against a negligent driver or their employer, an injury victim must prove each of the four elements of a negligence claim:
Aside from negligent drivers and their employers, the manufacturer of a defective bike, helmet, or vehicle could also be responsible for an accident victim’s injuries. However, each of these claims requires a different approach.
While this process of obtaining compensation after a bicycle accident is not always an easy one, an experienced Marlton bicycle accident lawyer can help you effectively prepare your case against an at-fault driver.
While some accidents are clearly the result of a motorist’s negligent or dangerous driving, a good number of accidents involve situations where the cyclist bears some responsibility. If you were injured in an accident that falls into this category, do not let this fact deter you from calling a Marlton bicycle accident attorney.
Under New Jersey personal injury law, courts use the doctrine of modified comparative negligence to determine which accident victims can recover for their injuries. Specifically, this doctrine of law allows accident victims who are partially at fault to recover reduced compensation for their injuries, provided the cyclist was not more at fault than the other driver.
To illustrate how modified comparative negligence plays out, consider the following example: Assume Sara was riding her bike on Greentree Rd. when Tom hit her with his car from behind. Tom was not paying attention at the time. However, Sara was also distracted and had drifted out of the bike lane. Sara was seriously hurt and suffered $300,000 in damages. At trial, the jury found that Sara was 20 percent responsible for the accident and Tom 80 percent at fault. In this case, Sara would recover $240,000 from Tom (her total damages of $300,000, less her own percent of fault, which was 20 percent). However, if the jury found that Sara was 55 percent at fault, she would recover nothing.
In situations like this, the importance of working with an experienced Marlton bicycle accident lawyer cannot be overstated. Negligent motorists and their insurance companies routinely try to shift the blame onto cyclists in an attempt to reduce their own exposure. At Console & Associates, we are prepared for these defenses and are ready to explain why the accident was not your fault.
The damages available through a Marlton bike accident claim vary, depending on the cause of the accident and the seriousness of the cyclist’s injuries. However, if successful, most cycling accident victims can obtain compensation for the following damages:
Proving damages is a key element in any Marlton personal injury case, especially when it comes to establishing non-economic damages, such as pain and suffering. A qualified Marlton bicycle accident lawyer can help you maximize your recovery amount by telling a compelling story about how the accident impacted your life.
Bicycle accidents are among the most dangerous types of collision because bikes offer little to no protection to a cyclist. While helmets have been shown to reduce the instances of serious injury or death following an accident, even wearing a helmet is no guarantee. A few of the most common injuries in cycling accident cases are:
While some of these injuries will be immediately apparent, that isn’t always the case. For example, soft-tissue injuries and head injuries may not present any symptoms right after an accident.
Marlton bicycle accident victims should get immediate medical attention to determine the extent of their injuries and obtain the appropriate treatment.
Most Marlton bicycle accidents are entirely preventable if both cyclists and motorists take the necessary precautions. In the majority of bicycle accidents involving a motor vehicle, the driver of the vehicle bears at least some responsibility for causing the accident. The most common causes of Marlton bicycle accidents include:
If a negligent driver causes a Marlton bicycle accident, they can be held liable for any injuries suffered by the cyclist. In some cases, proving a driver’s negligence is straightforward. However, more often than not, these cases require diligent preparation by an experienced attorney who may need to rely on expert witnesses such as forensic engineers, traffic-safety engineers, or accident reconstructionists.
Anytime you’re dealing with a high-stakes legal matter, it is important to be prepared. Marlton bicycle accident cases are no exception. These cases are often vigorously defended by drivers and their insurance companies. One wrong step can result in you being left with no way to recover compensation for your injuries.
At Console & Associates, our dedicated team of Marlton bicycle accident attorneys has represented injury victims and their families for more than 25 years. Unlike other firms in the area, we only take personal injury cases, meaning our focus is always on how we can help accident victims in situations like yours recover financially for their injuries. Over the years, we’ve represented more than 6,000 clients and recovered more than $100 million in damages on their behalf.
We understand that the thought of bringing a personal injury claim may be the last thing on your mind, given what else you are dealing with. Because of this, we do everything we can to make the process as easy for you as possible.
For starters, we offer all Marlton bicycle accident victims a free consultation to discuss how we can help. If you choose us to handle your case, we will handle it on a no-win, no-fee basis. You won’t pay a dime unless we help you recover the compensation you deserve.
When you are ready to talk to an attorney about the accident, give us a call. Getting the financial recovery process started is as simple as picking up the phone to schedule a free consultation.
During the consultation, we will explain the law and how it pertains to your case. We will also draw from our decades of experience to answer any questions you have about the legal process. If you decide to bring us on board, we will handle all the heavy lifting so you can focus on your recovery.
For your free consultation, call (856) 778-5500 today.
Yes, under New Jersey law, surviving family members can recover for the wrongful death of a loved one.
New Jersey wrongful death claims are very similar to personal injury cases, but they are brought by the personal representative of the victim’s estate on behalf of their surviving family members. If the accident victim died without naming a personal representative, the court will appoint one.
New Jersey law provides that these claims are for the benefit of surviving spouses and children. However, if the accident victim does not have a spouse or child, then the claim will be for the benefit of the victim’s parents or other surviving loved ones.
If you’ve lost a loved one in a tragic Marlton bicycle accident, give the compassionate and experienced lawyers at Console & Associates a call. We are here for you. We understand how difficult this time is for you, and we want to educate you about your options and answer your questions in a no-cost, risk-free consultation.
Under New Jersey law, the statute of limitations for personal injury cases—including bike accident claims—is two years. The statute of limitations starts on the day of the accident.
However, there are a few exceptions to this general rule. For example, the statute of limitations for Marlton bicycling accidents involving minors does not begin until the minor accident victim turns 18. On the other hand, if the case involves a government entity’s negligence, state law generally requires that you provide notice to the government within 90 days. Of course, these claims do not need to be resolved by the time the statute of limitations expires; they only need to be filed by that time.
If you’ve been injured in a Marlton bicycle accident, do not waste time in reaching out to an attorney. While you have two years to file your claim, it is better to begin the process as soon as possible.
At Console & Associates, we are here to speak with you about your claim as soon as you are ready. If you decide to bring a case, we will quickly file your claim to ensure it complies with all relevant deadlines and procedural requirements. Contact Console and associates P.C. today for a free consultation.
1 Holtec Drive, #100
Marlton, NJ 08053
494 Broad St #208b
Newark, NJ 07102
“My experience with Console and Associates was great. They were by my side since the very beginning of the accident and helped me through any concerns I’ve had. A special thanks to Mr. Ellery for being so professional, trustworthy and fighting hard for what I deserved. Also a special thanks to Christa for answering all my questions, being so understanding, and working so quick and efficiently!!! I will definitely come back if needed.” – Brianna K.
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