I Was Hit By a Car on My Bicycle in Jersey City, New Jersey. What Are My Rights?

Riding a bicycle through Jersey City is an efficient way to get around, but it leaves you incredibly vulnerable to negligent drivers, even when riding safely in a designated bike lane. In a split second, a careless motorist can turn a routine ride into a life-altering event. If you are currently thinking, “I was hit by a car on my bicycle,” you are likely dealing with immense physical pain from broken bones, unexpected medical bills, and mounting frustration.
Fighting the driver’s insurance company while trying to heal is exhausting during this challenging time. Understanding your legal rights is the first step toward getting your life back on track, and a seasoned New Jersey personal injury lawyer will help you navigate this complex legal process.
At a Glance
- Cyclists have the same rights to the road as motor vehicles and are classified as “pedestrians” under New Jersey law.
- Injured bicyclists have the legal right to pursue compensation for medical expenses, lost wages, and pain and suffering.
- New Jersey motorists are legally required to leave at least 4 feet of space when passing a cyclist.
- You may still pursue compensation if you were partially at fault, provided your fault is under 51%.
- Bicyclists injured in a motor vehicle collision generally have two years from the accident date to file a personal injury claim.
Understanding Your Rights Under New Jersey Law
When a car strikes a cyclist in bicycle collisions, the physical and financial damage is often severe. Fortunately, New Jersey provides specific legal protections for bicyclists. Since the state operates on a “no-fault” auto insurance system, your own (or a household relative’s) auto insurance may cover your initial medical bills.
Even if you do not own a vehicle, New Jersey law classifies bicyclists as “pedestrians.” This important distinction allows injured cyclists access to PIP coverage to help pay for necessary medical treatment.
If your injuries are severe, you have the right to step outside the no-fault system. Under New Jersey’s “limited right to sue” rule, a cyclist may file a third-party lawsuit against the at-fault driver if their injuries meet the state’s “serious injury” threshold. This opens the door to claiming additional damages that PIP does not cover.
Proving the Driver Was Negligent
To pursue fair compensation, you must prove that the driver was negligent. Determining liability in a bicycle accident case requires proving four elements: Duty, breach, causation, and damages.
Motorists have a legal duty to share the road safely and obey traffic and safety laws. In New Jersey, drivers are legally required to leave at least 4 feet of space when passing a bicyclist. Failing to provide this adequate space or follow standard traffic signals is clear evidence of negligence.
A dedicated Jersey City bicycle accident law firm will seek to hold the liable party accountable and gather the necessary proof to show how the driver breached their duty of care.
Evidence is crucial for establishing fault and supporting injury claims following a crash. Important pieces of evidence include:
- Police reports documenting driver statements and initial fault observations
- Photographs of the accident scene, vehicle damage, and your bicycle
- Medical records detailing the extent of your injuries
- Statements from witnesses who saw the collision occur
What If I Was Partially at Fault?
Insurance companies often try to shift the blame onto the cyclist to save money. If you made a minor mistake, you might worry that your mistake ruins your claim.
New Jersey follows a modified comparative negligence rule. This means you may still seek recovery of damages as long as you are less than 51% at fault for the accident. Keep in mind that a final compensation payout would be reduced by your percentage of fault. For example, if you are found to be 10% responsible, your total award would be reduced by 10%.
Steps to Take After a Bicycle Accident
Protecting your health and acting quickly to preserve evidence starts the moment an accident occurs. Follow these critical steps:
1. Call 911 immediately.
Your priority should be your health. Request medical attention right away, even if your injuries seem minor. Adrenaline can mask pain, and some severe injuries do not show symptoms immediately, so it is vital to be evaluated by medical professionals.
2. File a police report.
Make sure law enforcement arrives to document the scene. A police report serves as an official record and is a critical piece of evidence in a bicycle crash claim.
3. Exchange information.
Get the driver’s name, contact information, insurance details, vehicle information, and license plate number.
4. Document the scene.
Take clear photographs of your bicycle, your visible injuries, the damage to the car, and the surrounding road conditions. Try to gather witness statements from anyone who saw the crash.
5. Seek follow-up medical care.
Keep detailed records of all doctor appointments, treatment plans, diagnoses, and medical bills to fully support your personal injury case. Focus on your physical recovery while a bicycle accident attorney handles the legal details.
Fighting Insurance Companies for Fair Compensation
The severity of your injuries, your medical costs, and the accident’s impact on your daily life influence the total amount of compensation you may be eligible to receive. Compensation for bicycle accident injuries often includes medical expenses, lost wages, pain and suffering, and property damage to the bike.
If the at-fault motorist is uninsured or underinsured, you may still be able to claim compensation through your own uninsured motorist (UM) coverage.
Navigating these insurance policies is notoriously difficult. When you file an insurance claim, remember that adjusters are trained to minimize your payout. You need experienced New Jersey bicycle accident lawyers who know how to counter their tactics.
Frequently Asked Questions
How long do I have to file a bicycle accident lawsuit in New Jersey?
The statute of limitations for filing a personal injury lawsuit in New Jersey is generally two years from the date of the accident. However, there are different, much shorter notice requirements if you are filing a claim against a government entity.
What happens if the car that hit me drove away?
If you were the victim of a hit-and-run where the driver flees, you might be able to seek compensation through the uninsured motorist coverage on your own auto insurance policy. A personal injury attorney can help you explore each of the available coverage options.
Do I need a lawyer for a bicycle accident claim?
Having legal representation protects your rights against aggressive insurance companies looking to underpay your claim. An attorney will handle the complex paperwork, gather evidence, and negotiate on your behalf while you focus on healing.
Can I pursue compensation if I don’t own a car or have auto insurance?
Yes, because New Jersey classifies cyclists as pedestrians, you may be covered by the at-fault driver’s insurance or a household family member’s policy. State funds might also be available for uninsured pedestrians injured in motor vehicle crashes.
What kind of damages can I seek to recover after a bike crash?
Victims can typically seek compensation for medical bills, rehabilitation costs, lost income, and the cost of repairing or replacing their bicycle. In severe cases, you may also claim damages for physical pain and emotional suffering.
Injured on Your Bike in Jersey City? Peter’s Got Your Back!
Recovering from a bicycle accident is an overwhelming experience. You are managing painful medical treatments, missing time at work, and fielding stressful calls from insurance adjusters who do not have your best interests at heart. You shouldn’t have to carry this heavy burden alone.
The legal team at The Law Offices of Peter N. Davis & Associates, LLC is ready to step in. We handle cases on a contingency fee basis. With more than 30 years of experience and over $1 billion sought in settlements, Peter’s Got Your Back.
We know that life doesn’t stop at 5 PM, which is why our team is available 24/7. Weekends and nights are good times to reach us, since most people are busy at work during the day. Don’t let the insurance company dictate your recovery. Call us at (973) 279-7246(973) 279-7246 or complete our confidential online form to schedule a free consultation.
Copyright © 2026. The Law Offices of Peter N. Davis & Associates, LLC. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
The Law Offices of Peter N. Davis & Associates, LLC
72 Essex Street, Suite 2
Lodi, New Jersey 07644
(973) 279-7246(973) 279-7246
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