Box Truck Fatally Strikes Bicyclist in Burlington County
A recent accident led to the death of a bicyclist in Burlington County. A 58-year-old Palmyra man was riding his bike in the southbound lane on Route 130 in Burlington Township, near Dulty’s Lane, when he was struck by a 2017 International box truck heading southbound on 130. The accident occurred in the mid-evening. Responders pronounced the cyclist dead at the scene. According to the Burlington Township Police Department, the truck driver remained at the scene and cooperated with the investigation. The police are still investigating the accident, but no charges have been filed at this time.
New Jersey has strict safety regulations for cyclists, particularly at night
New Jersey state law requires that any cyclist riding at night use a bicycle equipped with “a front headlamp” with a “white light visible from a distance of at least 500 feet to the front” as well as “a rear lamp” with a “red light visible from” at least 500 feet, and encourages bikers to mount a “red reflector” on the rear in addition to the red light. While under N.J. law helmets are required only for minors under 17 years old, N.J. officials emphasize that head injury is the most common cause of death following a cycling accident. New Jersey law also requires cyclists to otherwise obey all state and local automobile driving laws.
Following bicycle safety regulations may affect whether an injured cyclist can recover compensation in a car-bicycle crash
Cyclists who do not follow New Jersey’s bicycle safety laws may lose out on damages recoverable following an accident. Under New Jersey’s “modified” comparative negligence scheme, an injured person may not recover if a jury finds that the person claiming injury was more negligent than the person who injured them. New Jersey thus has a “50%” rule: a plaintiff cannot recover any damages in a car or bicycle accident if the plaintiff is more than 50% at fault for the incident causing the injury. Moreover, even if the person is less than 50% at fault, the damages available to the person injured can be reduced by the percentage that person is at fault. Whether an injured person followed existing safety regulations is considered fair evidence in determining whether that person was negligent and how much that negligence may have contributed to the accident.
If you or a loved one have been injured in an accident, find out if you have a good claim for money damages by contacting the experienced and effective personal injury lawyer Andrew R. Jacobs for a free consultation at 973-532-9681.