New Jersey Bicycle Accident Lawyer

All Practice Areas

New Jersey Gives Bicyclists Full Rights to the Road — but After a Crash, the Driver’s Insurance Often Acts Like They Had None

A bicycle is a vehicle under New Jersey law, and a bicyclist on the road has the same rights — and the same right to be seen and given space — as any motorist. Yet after a collision, the driver’s insurer frequently reframes the crash as the rider’s fault: the cyclist “came out of nowhere” or “shouldn’t have been in the road.” Those are negotiating tactics, not legal defenses.

Bicycle cases turn on evidence that disappears fast: the bike, the helmet, skid marks, and the driver’s account before it hardens into a story. The Epstein Law Firm, led by Michael Epstein, a Certified Civil Trial Attorney, moves quickly to preserve that evidence and map the insurance correctly — because in New Jersey, an injured cyclist’s medical bills are often covered by auto insurance even though no car of theirs was involved.

The Epstein Law Firm

Injured in a Bicycle Accident?

bicycle accident legal help

The Epstein Law Firm can review your bicycle accident claim and explain the evidence, deadlines, and next steps that may apply.

Call now

(201) 231-7847
Schedule your free case evaluation

You May Qualify for a Bicycle Accident Claim If

• You were struck by a motor vehicle while riding, and the driver was negligent
• A driver violated New Jersey’s safe passing law or your right of way
• You were “doored” by a parked car’s opening door, or cut off by a turning vehicle
• A road hazard — pothole, unmarked construction, debris — caused your crash
• Your PIP or medical payments benefits were denied or delayed
• A defective bicycle or component contributed to the crash or your injuries

Your Rights on New Jersey Roads

Bicyclists on New Jersey roadways have the same rights and duties as drivers of motor vehicles. You may ride in the travel lane, you have the right of way where traffic law gives it to you, and drivers must treat you as legitimate traffic — not as an obstacle that appeared without warning. The state publishes a safe bicycling guide that lays out these shared-road rules for riders and drivers alike.

Those duties run both ways. Riders must obey traffic signals, ride with traffic, and use lights after dark. But a rider’s technical violation — rolling a stop sign on an empty street — does not excuse a driver who failed to look, drove distracted, or passed too closely. New Jersey’s comparative negligence law weighs each side’s actual contribution to the crash; a minor infraction by the cyclist rarely equals the negligence of a carelessly operated two-ton vehicle.

The practical consequence: never let an adjuster tell you that riding on the road was itself the problem. It was your legal right to be there.

New Jersey’s Safe Passing Law

In 2022, New Jersey enacted the Safe Passing Law (P.L. 2021, c.194), which requires drivers approaching a bicyclist or pedestrian to move over a lane if possible — and if not possible, to pass with at least four feet of distance. The law also sets penalties for violations, recognizing that close passes are one of the most common ways cyclists get hurt or killed.

This law changed the evidence picture in bicycle cases. A driver who buzzed a cyclist with inches to spare can no longer frame it as a judgment call; the statute sets a measurable standard. The point of impact on the vehicle, mirror damage, and the rider’s trajectory relative to the lane line can show whether the driver gave the required space.

If a close pass or sideswipe caused your crash, tell your lawyer exactly where in the lane you were riding and what the driver did. Those specifics, matched against the four-foot rule, often decide the case.

The Epstein Law Firm

Questions About a Bicycle Accident Claim?

bicycle accident legal help

The Epstein Law Firm can review the evidence, insurance issues, and next steps that may matter in your bicycle accident claim.

Call now

(201) 231-7847
Schedule your free case evaluation

Who Pays Your Medical Bills When You Were on a Bicycle

This surprises many cyclists: if you own a car insured in New Jersey, your own auto policy’s PIP coverage typically pays your medical bills after a bicycle crash with a motor vehicle — even though you were not in your car. PIP follows the person in these circumstances, not just the vehicle. If you do not own a car, the at-fault driver’s PIP may apply, and health insurance or the driver’s liability coverage fills the remaining gaps.

That classification matters because it determines which insurer pays first and which deadlines apply. PIP carriers have their own notice requirements and medical-necessity reviews, and a cyclist who assumes “the driver’s insurance handles everything” can miss the PIP notice window on their own policy.

Beyond medical bills, the at-fault driver’s bodily injury liability coverage is the source for pain and suffering, lost income, and lasting impairment — and your own uninsured motorist coverage may respond if the driver was uninsured or fled.

The Evidence That Decides Bicycle Cases

Bicycle crashes leave fragile evidence. The bike itself shows the impact point, speed, and direction of force — but bikes get repaired, discarded, or released from impound without documentation. Your helmet, even cracked, is evidence of both impact severity and your reasonable care. Photograph everything before anything is moved or fixed, and preserve the bike and helmet exactly as they were.

The scene matters as much as the equipment. Skid marks fade, debris gets swept, and road defects get patched — sometimes within days. Early photographs of lane position, sight lines, signage, and any hazard, plus witness names, are often the difference between a disputed case and a clear one.

Finally, get the driver’s information at the scene if you can, and make sure the police report reflects that a motor vehicle struck a bicycle — not that a bicycle “collided with” a car. The report’s framing follows the case into every negotiation.

How Insurers Argue Against Injured Cyclists

Three arguments appear in nearly every bicycle case. First, visibility: the insurer claims the driver could not see you, implying dark clothing or no lights caused the crash. The answer is evidence — the driver’s sight lines, speed, distraction, and whether they were even looking at the road — not a debate about your wardrobe.

Second, the helmet argument: the insurer suggests your injuries are your fault for not wearing one. New Jersey law requires helmets only for riders under 17, and an adult’s choice not to wear a helmet does not excuse a driver who ran them down. At most, it becomes a damages discussion about specific head injuries, not a defense to liability.

Third, the “assumption of risk” framing: cycling is dangerous, so the rider accepted the danger. New Jersey law does not work that way — choosing to ride a bicycle is not consent to be hit by a negligent driver. Each of these arguments wilts against prompt evidence and a clear presentation of the driver’s actual duties.

Your Claim Timeline: From Crash to Resolution

1. Immediate care and preservation — get medical treatment, call police, photograph the scene, the bike, and your injuries, and keep the bike and helmet unrepaired.
2. Insurance mapping — your lawyer identifies every applicable policy: your auto PIP, the driver’s liability and PIP, household UM coverage, and health insurance.
3. Treatment and investigation — you treat while your lawyer secures the police report, witness statements, any video, and documentation of the road condition.
4. Benefits management — your lawyer handles PIP notices, medical-necessity disputes, and liens so treatment continues while the liability case builds.
5. Demand and negotiation — once injuries stabilize, a demand package goes to the at-fault driver’s insurer with medical proof, wage loss, and the fault evidence.
6. Lawsuit if necessary — filed within the two-year deadline when the insurer will not offer fair value. Most filed cases still settle.

Deadlines That Control Your Case

New Jersey generally gives you two years from the crash date to file a personal injury lawsuit. That deadline is unforgiving — miss it and the claim is gone.

Shorter clocks run alongside it. If a dangerous road condition or a public entity’s negligence contributed — a pothole the town knew about, unmarked construction, a county vehicle — you generally must file a formal notice of claim within 90 days under the Tort Claims Act. PIP notice requirements on your own auto policy can be shorter still. Because bicycle cases so often involve road conditions, the 90-day question should be answered in the first weeks, not discovered in month eleven.

What to Bring to Your Free Consultation

• Photos of the scene, the bicycle, your helmet, and your injuries
• The police report or report number
• The bicycle and helmet themselves, unrepaired if possible
• Your auto insurance declarations page and health insurance information
• Medical records and bills so far
• Contact information for any witnesses
• Any correspondence from any insurance company

A Certified Civil Trial Attorney’s Approach to New Jersey Bicycle Cases

Michael Epstein is a Certified Civil Trial Attorney — a distinction the New Jersey Supreme Court grants to a small percentage of lawyers with proven trial experience. Bicycle cases reward that preparation: they are won on scene evidence, statutory duties like the safe passing law, and correct insurance mapping, all of which must be handled in the first weeks. The Epstein Law Firm has recovered multimillion-dollar results in serious injury cases, and our lawyers bring over 120 years of combined experience to New Jersey injury victims. We handle bicycle cases on contingency — no fee unless we recover — and the consultation is free.

If you were struck while riding anywhere in New Jersey, contact our office before you repair the bike or give statements to insurers. We also handle car accidents, motorcycle accidents, and truck accidents.

The Epstein Law Firm

Ready to Talk About What Happened?

bicycle accident legal help

Speak with a New Jersey bicycle accident lawyer about your rights and options. Free consultation, no fee unless we win.

Call now

(201) 231-7847
Schedule your free case evaluation

Notable Results

Selected case results obtained by The Epstein Law Firm:

• $10 Million — Settlement: Bus Accident — The Epstein Law Firm obtained a $10 million settlement working as local counsel with a Baltimore law firm on behalf of a Maryland woman who lost both of her legs after being struck by a New Jersey Transit bus in Lakewood, New Jersey.
• $4.25 Million — Confidential Settlement: Wrongful Death — Motor Vehicle — The Epstein Law Firm obtained a $4.25 million confidential settlement in a wrongful death and survival action for a Teaneck husband and father who died after a tire fell off his car, causing it to flip and catch fire. A major mechanic operations company was at fault for failing to attach the tire properly.
• $4.195 Million — Jury Verdict: Drunk Driving — Dram Shop — The Epstein Law Firm obtained a $4.195 million jury verdict for a 59-year-old Oradell resident who suffered multiple leg fractures as a passenger of a drunk driver who had been served while visibly intoxicated at a bar in South Hackensack. The jury found the driver 80 percent at fault and the bar 20 percent at fault.

View all verdicts and settlements →

Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.

What Our Clients Say

New Jersey Bicycle Accident NJ FAQs

Below are answers to common questions about bicycle accident claims in New Jersey. This information is general and not legal advice — contact our office for guidance about your specific situation.

Do bicyclists have the same rights as drivers on New Jersey roads?

Yes. A bicycle is a vehicle under New Jersey law, and riders on the roadway have the same rights and duties as motor vehicle drivers. You may use the travel lane, you hold the right of way where traffic law grants it, and motorists must treat you as legitimate traffic. The state’s safe bicycling guide sets out these shared-road rules for both riders and drivers.

Riders must also follow the rules of the road — obeying signals, riding with traffic, and using lights after dark. But a minor infraction by a cyclist does not excuse a driver’s negligence. Under New Jersey’s comparative negligence law, fault is apportioned by each party’s actual contribution to the crash, so a technical violation by the rider rarely outweighs careless operation of a motor vehicle.

Sources: NJ Division of Highway Traffic Safety — Safe Biking Guide; IIHS — Pedestrians and Bicyclists research.

What is New Jersey’s safe passing law for bicyclists?

New Jersey’s Safe Passing Law (P.L. 2021, c.194) requires drivers approaching a bicyclist or pedestrian to move over a full lane when possible. When a lane change is not possible, the driver must pass with at least four feet of distance. The law carries penalties for violations, reflecting how often close passes injure or kill cyclists.

For your case, the law creates a measurable standard instead of a judgment call. Evidence like the point of impact on the vehicle, mirror damage, and your lane position can show whether the driver gave the required space. If a close pass or sideswipe caused your crash, document exactly where you were riding and what the driver did — those specifics, measured against the four-foot rule, often decide fault.

Sources: P.L. 2021, c.194 — NJ Safe Passing Law; NJ Division of Highway Traffic Safety — Safe Biking Guide.

Who pays my medical bills after a bicycle crash with a car?

Often, your own auto insurance. If you own a car insured in New Jersey, your policy’s Personal Injury Protection (PIP) coverage typically pays your medical bills after a bicycle crash involving a motor vehicle, even though you were not in your car — PIP follows the person in these circumstances. If you do not own a car, the striking driver’s PIP may apply instead.

That classification determines which insurer pays first and which notice deadlines apply, so PIP notice requirements on your own policy must be met promptly. Beyond medical bills, the at-fault driver’s bodily injury liability coverage is the source for pain and suffering, lost income, and lasting impairment — and your own uninsured motorist coverage may respond if the driver was uninsured or fled.

Sources: DOBI 2026 NJ Auto Insurance Buyer’s Guide — PIP coverage; DOBI — Everything You Wanted to Know About NJ Auto Insurance (2026).

How long do I have to file a bicycle accident lawsuit in New Jersey?

In most cases, two years from the crash date under N.J.S.A. 2A:14-2. If the deadline passes without a filed lawsuit, you generally lose the right to sue regardless of how serious your injuries are.

Bicycle cases carry a trap: crashes caused partly by dangerous road conditions — a pothole the municipality knew about, unmarked construction, debris from a public works project — can trigger the Tort Claims Act’s 90-day notice of claim requirement. Because road hazards feature in so many cycling crashes, whether any public entity shares responsibility should be investigated in the first weeks, not discovered near the two-year mark.

Sources: P.L. 2019, c.120 — text of N.J.S.A. 2A:14-2 (two-year limit); NJ Law Revision Commission — Tort Claims Act notice requirements (N.J.S.A. 59:8-8).

Does New Jersey require bicyclists to wear helmets?

State law requires helmets only for riders under 17. Adults are not legally required to wear one, and an adult’s choice not to wear a helmet does not excuse a driver who caused the crash — it is not a defense to liability.

Insurers still raise the helmet argument, but its legal reach is narrow: at most, it becomes a discussion about damages for specific head injuries, not about who caused the collision. Meanwhile, a cracked helmet is powerful evidence in your favor — it documents both the severity of the impact and that you took reasonable care. Preserve it exactly as it was after the crash.

Sources: NJ Division of Highway Traffic Safety — Safe Biking Guide; IIHS — Pedestrians and Bicyclists research.

What evidence should I preserve after a bicycle accident?

Keep the bicycle and helmet exactly as they were — unrepaired. The bike shows the impact point, speed, and direction of force; the helmet documents impact severity and your reasonable care. Photograph the scene, lane position, sight lines, signage, vehicle damage, and your injuries before anything is moved, repaired, or cleaned up.

Road evidence disappears fastest: skid marks fade, debris gets swept, and defects get patched, sometimes within days. Get witness names at the scene, keep the police report (making sure it reflects that a motor vehicle struck a bicycle), and save your clothing and any video — dashcam, surveillance, or doorbell cameras often capture what witnesses missed.

Sources: NJ Division of Highway Traffic Safety — Safe Biking Guide; NJ Division of Highway Traffic Safety.

Can I still recover if I was partly at fault for the bicycle crash?

Usually yes. New Jersey’s comparative negligence law reduces your recovery by your percentage of fault but allows recovery as long as your fault is not greater than the driver’s. A cyclist who rolled a stop sign on an empty street, for example, can still recover from a driver who was speeding or distracted — the question is each side’s actual contribution, not whether the cyclist was perfect.

Insurers exploit this by magnifying minor rider infractions into major fault assignments. The response is evidence: the driver’s speed, distraction, sight lines, and compliance with the safe passing law. Because fault percentages are negotiated rather than handed down, early legal involvement matters most in disputed-fault cases.

Sources: DOBI Ombudsman — Auto Comparative Negligence Settlement FAQs; NJ Law Revision Commission — comparative fault framework (N.J.S.A. 2A:15-5.1 to -5.3).

What if the driver who hit me was uninsured or fled the scene?

Your own uninsured motorist (UM) coverage can respond when the at-fault driver has no insurance or leaves the scene. In New Jersey, UM coverage must at least match your bodily injury liability minimums — $35,000/$70,000 for policies issued or renewed from 2026. Check every auto policy in your household, since coverage available to you may sit on a family member’s policy.

Hit-and-run cases demand fast action: report the crash to police immediately, note every detail about the vehicle while it is fresh, and check for cameras along the route. UM claims also have notice requirements in your policy, so notify your insurer promptly rather than waiting to see if the driver is found.

Sources: DOBI 2026 NJ Auto Insurance Buyer’s Guide — uninsured motorist coverage; P.L. 2022, c.87 — UM/UIM minimum requirements.

What compensation can I recover in a New Jersey Bicycle Accident NJ case?

Beyond medical bills, a bicycle claim can include pain and suffering, lost income and reduced earning capacity, out-of-pocket expenses, bicycle and equipment replacement, and compensation for permanent impairment, scarring, or disfigurement — common in cycling crashes where the rider has no protective shell.

Cyclists are not subject to the auto “limitation on lawsuit” threshold the way drivers are, so pain-and-suffering claims do not face that particular gate. Value is built from documentation: medical records describing lasting limitations, employer records of missed work, and testimony about how the injuries changed daily life. Thorough documentation of every category resolves for more than medical bills alone.

Sources: DOBI — Everything You Wanted to Know About NJ Auto Insurance (2026); IIHS — Pedestrians and Bicyclists research.

What should I do in the first days after a bicycle crash?

Get medical care even if you feel “mostly okay” — head injuries and fractures declare themselves late, and gaps in treatment get used against you. Report the crash to police, photograph everything, preserve the bike and helmet unrepaired, and collect witness information.

Then protect the legal side: notify your auto insurer to preserve PIP benefits, do not give the driver’s insurer a recorded statement, and do not repair the bike or accept a quick settlement before you know the full extent of your injuries. A short consultation early costs nothing and locks in evidence and deadlines while they are still controllable.

Sources: NJ Division of Highway Traffic Safety — Safe Biking Guide; DOBI — Automobile Insurance consumer page.

Related practice areas

• Bike Dooring Injuries

Our Offices

The Epstein Law Firm serves clients from three New Jersey locations:

• Rochelle Park: 340 West Passaic Street, Rochelle Park, NJ 07662 — (201) 231-7847
• Englewood Cliffs: 560 Sylvan Avenue, Suite 1000-A, Englewood Cliffs, NJ 07632 — (201) 734-3763
• Montclair: 18-20 Lackawanna Plaza, Suite 200, Montclair, NJ 07042 — (973) 381-8410

Call (201) 231-7847 for a free consultation.