Cycling is a way of life for many people in South Jersey. Some ride for fitness on the back roads around Hammonton and Atco. Others commute to work or school in Cherry Hill and Voorhees. Some simply do not have a car.
No matter why you ride, a crash with a vehicle can change everything in a second. Cyclists have almost no protection. Fractures, road rash, shoulder injuries, and head trauma are common.
If you were hurt, a bicycle accident lawyer in South Jersey can help you understand your rights under New Jersey law. This guide covers the rules drivers must follow, who pays your medical bills, and how to protect your claim.
Cyclists Have the Same Rights as Drivers in New Jersey
Under New Jersey law, a person riding a bicycle on the road has the rights and duties of a vehicle operator. That means cyclists must obey traffic signals and ride with traffic. It also means drivers must treat cyclists as legitimate road users.
Drivers cannot crowd a cyclist off the road, cut them off at an intersection, or open a door into their path without looking.
New Jersey’s Safe Passing Law
In 2022, New Jersey’s safe passing law took effect. When a driver approaches a cyclist or pedestrian on the road, the driver must:
- Move over a lane when it is safe and legal to do so, or
- Leave at least 4 feet of space when passing, if changing lanes is not possible, or
- Slow down to 25 miles per hour and be prepared to stop if neither option is safe
Drivers who violate the law can face fines. When a violation causes injury, the penalties increase, and motor vehicle points may apply.
For a bicycle accident lawyer in South Jersey, a safe passing violation can be key evidence that the driver was negligent.
Common Causes of Bicycle Crashes in South Jersey
Across Berlin, Blackwood, and nearby towns, the same causes show up repeatedly:
- Unsafe passing on two-lane roads with no shoulder
- Right hooks, where a driver passes a cyclist and then turns right across their path
- Left turns into an oncoming cyclist
- Dooring, when a parked driver opens a door into a rider
- Distracted driving and phone use
- Drivers failing to check for cyclists when pulling out of driveways and parking lots
- Road defects, such as potholes and broken pavement
If a road defect caused the crash, a government entity may share responsibility. Those claims have very short notice deadlines, often 90 days.
Who Pays Your Medical Bills After a Bike Accident?
This surprises many cyclists. New Jersey’s no-fault PIP coverage can apply to bicycle riders hit by a motor vehicle, because New Jersey’s PIP law treats cyclists much like pedestrians.
In general:
- If you have your own auto policy, your PIP usually pays first, even though you were on a bike.
- If a relative in your household has auto insurance, that policy may apply.
- If no household policy exists, the PIP on the vehicle that hit you may apply.
Getting this order right early prevents denied claims. For more detail, read who pays medical bills after a car accident in New Jersey.
Can Cyclists Sue for Pain and Suffering?
Often, yes. A cyclist who does not own a car and has no household auto policy is generally not bound by the “limitation on lawsuit” option. That makes it easier to pursue pain and suffering.
If you have your own auto policy with the limitation option, you may need to show a permanent injury or another qualifying category. A bicycle accident lawyer in South Jersey will review your policy and medical records to find the right path.
Proving Fault in a Bicycle Accident
Drivers often claim they “never saw” the cyclist. Insurers may argue the rider was in the wrong lane, riding at night without lights, or not wearing a helmet.
Key points to know:
- New Jersey uses modified comparative negligence. You can recover if you are not more than 50 percent at fault, but your award is reduced by your share.
- Helmets are required for riders under 17. For adults, not wearing a helmet is not a traffic violation, though insurers may still raise it in head injury cases.
- Lights and reflectors matter at night. New Jersey requires a front lamp and rear reflector when riding after dark.
Our guide on how fault is determined in a New Jersey car accident explains the evidence insurers review.
Evidence to Gather After a Crash
If you are able, or if a friend can help:
- Call the police and get the report number
- Photograph the vehicle, your bike, the scene, and your injuries
- Save your damaged bike, helmet, and clothing
- Get witness names and phone numbers
- Check for doorbell, dashcam, or business video
- Download data from your bike computer, GPS watch, or cycling app
Ride data can show your speed, route, and exact time of impact. It can be powerful evidence.
What Compensation May Be Available?
Depending on your injuries and the coverage involved, you may recover:
- Medical bills beyond PIP
- Lost wages and future earning loss
- Pain and suffering
- Bike and equipment replacement
- Future medical care
If the crash caused a life-altering injury, see our catastrophic injury lawyer page. If the driver was uninsured or fled, read about claims against uninsured drivers in New Jersey.
Frequently Asked Questions
Do I need a bicycle accident lawyer in South Jersey for a minor crash?
Not always. But injuries that seem minor sometimes worsen, and PIP disputes are common. A free consultation can tell you whether your claim needs legal help.
Does my car insurance cover me if I was hit on my bike?
Often, yes. New Jersey PIP generally covers cyclists hit by motor vehicles, and your own policy is usually first in line.
What if I was not wearing a helmet?
Adults are not required to wear one in New Jersey. You can still bring a claim. The insurer may argue it affected a head injury, which a lawyer can address with medical evidence.
Are e-bike accidents handled the same way?
Not always. Coverage for e-bikes and other electric devices can depend on the device’s classification. Have your situation reviewed before assuming PIP applies.
How long do I have to file a bicycle injury lawsuit in New Jersey?
Generally two years from the date of the crash. Claims involving a public entity may require notice within 90 days. See our post on the New Jersey statute of limitations.
Talk to a Bicycle Accident Lawyer in South Jersey Today
The Law Offices of Doner & Castro, P.C. have helped injured people across the region for decades. Visit our personal injury page to learn more about how we work.
We represent cyclists in Hammonton, Atco, Cherry Hill, Voorhees, Berlin, and Blackwood.
Call (856) 719-8711 or request a free case review. No fee unless we recover.