New Jersey Bicycle Accident Lawyers
Reviewed by Mazie Slater’s specialized car accident attorney [David A. Mazie – Managing Partner of Mazie Slater Katz & Freeman]
When a car hits a bicycle, the bicyclist has little chance of escaping without serious injury or even death. Currently, more than 50,000 injuries are caused every year by motor vehicle and bicycle accidents, many of which were in New Jersey. During 2011, seventeen bicyclists were killed in New Jersey in motor vehicle and bike collisions. Percentages are hard to figure because bicyclists do not have to register their bikes or get any type of operator’s license. It has been estimated that as many as ninety percent of all personal injuries suffered in a bike accident are not reported to the police. If you or a loved one was injured in a bicycle accident you deserve compensation. The bicycle accident attorneys at Mazie Slater Katz and Freeman are experts in these kinds of cases and want to help win your case.
Why Choose Mazie Slater to Handle Your Bicycle Accident Case
Bicycle accident cases present unique challenges that require attorneys with specific experience and dedication to cycling advocacy. Mazie Slater Katz & Freeman brings both the legal expertise and personal understanding necessary to win bike accident cases.
Overcoming Bias Against Cyclists
One of the most frustrating aspects of bicycle accident cases is the systematic bias that cyclists face from police, insurance companies, and even juries. Law enforcement officers often blame the cyclist in accident reports, drivers frequently claim the rider “appeared out of nowhere,” and insurance adjusters work aggressively to minimize or deny legitimate claims.
Our bicycle accident attorneys are experts in overcoming this bias. We conduct thorough independent investigations, work with accident reconstruction specialists, and gather compelling evidence that proves driver negligence. We don’t accept initial police findings at face value—we dig deeper to uncover the truth and hold negligent drivers accountable.
Rated as One of the Top Personal Injury Law Firms in New Jersey
Mazie Slater Katz & Freeman’s work on bicycle accidents has played a role in our success as a personal injury law firm, and our success for our clients has earned consistent recognition:
- Personal Injury Litigation Department of the Year by the New Jersey Law Journal (multiple times)
- Best NJ Personal Injury Lawyers by Best Lawyers in America
- Lawyer of the Year for David Mazie by Best Lawyers in America
- Top 10 & 100 Trial Lawyers for David Mazie and Adam Slater by Super Lawyers
- Plaintiffs Hot List by The National Law Journal
Our bicycle accident attorneys work with medical experts, accident reconstructionists, and cycling safety specialists to build compelling cases that overcome insurance company tactics and secure maximum compensation for injured cyclists.
Bicycle Accident Statistics in New Jersey
According to the National Highway Traffic Safety Administration (NHTSA), in 2021, 41,615 people were injured in bicycle accidents in the United States. Of those approximately 42,000 accidents across the country, 966 fatalities involving pedalcyclists occurred.
Specifically in New Jersey, the New Jersey State Police reported that 26 crashes involving pedalcycles occurred in 2021, with all 26 accidents resulting in fatalities. These statistics have continued to fluctuate across New Jersey, prompting a broader discussion about bicycle and pedestrian safety by NJDOT.
Common Causes of Bicycle Accidents in New Jersey
Studies by the Pedestrian and Bicycle Information Center have concluded that there are six frequent causes of New Jersey bicycle accidents:
- If the bike and car are moving parallel to one another, the motorist turns into the bicycle.
- In the same situation, the bike turns into the car. This is the least common type.
- The car overtakes the bicycle and strikes it from behind.
- If the motor vehicle and the bike are on crossing paths, the most common cause is motorists who fail to yield the right-of-way at an intersection.
- Bicyclists can also fail to surrender the right-of-way at intersections.
- Another cause is bicyclists who cut across the street in the middle of a block.
In addition to the Pedestrian and Bicycle Information Center’s findings, our attorneys have also seen bicycle accidents occur for the following reasons:
Driver Failure to Yield
The most common cause of serious bicycle accidents involves motorists failing to yield the right-of-way to cyclists at intersections. Drivers making left turns across traffic frequently fail to see approaching cyclists in bike lanes or on the shoulder of the road. Similarly, drivers making right turns often fail to check for cyclists riding alongside them before turning, resulting in devastating side-impact collisions.
Texting, talking on phones, adjusting GPS systems, eating, and other distracting behaviors cause thousands of bicycle accidents annually. Distracted drivers fail to notice cyclists until it’s too late to avoid a collision, often striking riders from behind or swerving into bike lanes without warning.
Speeding
Excessive speed reduces drivers’ ability to react to cyclists and increases the severity of injuries when collisions occur. Speeding drivers cannot stop or maneuver quickly enough to avoid striking cyclists when unexpected situations arise.
Dooring Accidents
“Dooring” occurs when drivers or passengers open vehicle doors into the path of oncoming cyclists without checking their mirrors. These accidents are particularly common on city streets where bike lanes run alongside parallel parking spaces. Cyclists struck by opening doors are often thrown from their bikes into traffic, suffering severe injuries from both the initial impact and subsequent collisions with other vehicles.
Unsafe Passing
New Jersey law requires drivers to provide adequate space when passing bicycles, but many motorists ignore this requirement. Drivers who pass too closely, attempt to squeeze past cyclists in narrow lanes, or fail to move over into adjacent lanes frequently cause sideswipe collisions or force cyclists off the road into curbs, guardrails, or other hazards.
Following Too Closely
Some impatient drivers tailgate cyclists, following dangerously close behind slower-moving bicycles. This behavior prevents drivers from stopping safely if cyclists brake suddenly or encounter road hazards, resulting in rear-end collisions.
Running Red Lights and Stop Signs
Drivers who disregard traffic signals and signs frequently strike cyclists who have the legal right-of-way in intersections. These violations often result in the most severe bicycle accidents due to the perpendicular nature of the collisions.
Drunk and drugged drivers cause devastating bicycle accidents throughout New Jersey. Impaired drivers suffer from reduced reaction times, poor judgment, and an inability to maintain control of their vehicles, making them extremely dangerous to vulnerable road users like cyclists.
Poor Road Conditions
While not directly caused by driver negligence, dangerous road conditions like potholes, debris, loose gravel, uneven pavement, and broken glass force cyclists to make sudden maneuvers that place them in the path of motor vehicles. Government entities responsible for road maintenance can be held liable when dangerous conditions contribute to bicycle accidents.
Common Injuries Caused in Bicycle Accidents
Bicycle accidents often result in some of the most catastrophic and permanently disabling injuries seen in traffic collisions. Because cyclists have virtually no protection when struck by motor vehicles, and due to the extreme size and weight disparity between bicycles and cars, victims frequently suffer the following injuries:
- Traumatic Brain Injuries (TBI) – Head trauma represents the gravest danger to bicycle accident victims, occurring when cyclists’ heads impact vehicles, roadway surfaces, or fixed objects during crashes. These injuries range from concussions and skull fractures to severe traumatic brain injuries, causing memory deficits, altered cognitive function, mood disorders, persistent headaches, coordination difficulties, and in the most serious cases, lifelong disability necessitating continuous medical care.
- Spinal Cord Injuries – The powerful collision forces and severe falls characteristic of bicycle accidents regularly cause spinal cord damage, which can result in varying degrees of paralysis, complete loss of feeling below the point of injury, permanent physical disability, and lifelong dependence on mobility aids and specially adapted living environments.
- Broken Bones and Fractures – Bicycle crash victims routinely experience numerous skeletal injuries, including clavicle fractures from shoulder-first impacts, forearm and hand breaks when attempting to break falls, lower extremity fractures from direct vehicle contact or bicycle frame entrapment, hip and pelvis breaks from high-energy impacts, and craniofacial fractures necessitating surgical reconstruction.
- Facial Injuries and Dental Trauma – Bicycle crashes routinely produce severe facial trauma, including fractured mandibles or other facial skeleton bones, avulsed or fractured teeth, deep lacerations necessitating suturing or cosmetic surgery, ocular trauma or permanent vision impairment, and persistent scarring affecting facial appearance and causing emotional distress.
- Lower Body Injuries – The legs, knees, feet, and ankles face particular danger in bicycle accidents, experiencing crush trauma when trapped between a bicycle and a vehicle, ruptured ligaments and tendons, complex knee damage demanding surgical repair, severe sprains and strains affecting multiple joints, and lasting restrictions in walking and mobility.
- Road Rash and Soft Tissue Injuries – When bicyclists are ejected from their bikes onto pavement, they typically sustain road rash—severe skin abrasions that strip away multiple dermal layers during ground contact. These wounds often demand thorough surgical cleaning, may create lasting visible scars and disfigurement, can develop dangerous infections necessitating hospital admission, and frequently cause nerve injury producing ongoing pain syndromes.
- Internal Injuries – Direct impact trauma from vehicle collisions can produce critical internal injuries, including hemorrhaging within body cavities, damage to vital organs such as the liver, spleen, or kidneys, collapsed lungs from chest trauma, and intra-abdominal injuries demanding urgent surgical intervention—complications that often lack obvious external signs yet prove fatal without rapid medical recognition and treatment.
- Wrongful Death – Tragically, bicycle accidents can prove fatal when victims sustain injuries too severe to survive, leaving families to cope with sudden and devastating loss. When bicycle accidents result in death, surviving family members may pursue wrongful death claims to recover compensation for funeral and burial expenses, loss of financial support and future earnings, loss of companionship and guidance, and the profound emotional suffering caused by their loved one’s untimely death.
At Mazie Slater Katz & Freeman, our experienced bicycle accident attorneys understand the profound and lasting impact these injuries inflict on victims and their families, and we remain dedicated to pursuing the full compensation necessary to address comprehensive medical care, intensive rehabilitation programs, income replacement, non-economic damages, and the ongoing support these serious injuries invariably demand.
Your Legal Rights as a Cyclist in New Jersey
New Jersey Safe Passing Law
New Jersey law provides specific protections for cyclists sharing the road with motor vehicles. Under the state’s safe passing law:
- Drivers must move over a full lane when passing a bicycle if an adjacent lane is available
- On single-lane roads, drivers must leave at least four feet of space when passing cyclists
- If drivers cannot provide adequate passing space, they must slow down and wait behind the bicycle until they can pass safely
- Violations of the safe passing law can establish negligence in bicycle accident cases
Bicyclists’ Road Rights
In New Jersey, bicycles on public roads are subject to the same traffic laws and regulations as motor vehicles. This means:
- Cyclists must obey all traffic signals, signs, and road markings
- Cyclists have the same right to use roadways as motor vehicle drivers
- Drivers must yield right-of-way to cyclists in the same situations they would yield to other vehicles
- Cyclists are entitled to use full lanes when necessary for safety
Understanding these legal rights is crucial for establishing liability when negligent drivers cause bicycle accidents.
Bicycle Safety Tips to Help Avoid Accidents
There are several ways bicyclists can increase their safety while riding their bikes in New Jersey:
- Know and follow the bicycle laws.
- Wear a properly fitting bicycle helmet.
- Do not ride against traffic.
- When crossing a street or at intersections, make eye contact with oncoming motorists.
- Beware of road hazards like broken glass, potholes, and oil slicks.
- Check your brakes and the tires’ air pressure.
- Keep at least one hand on the handlebars.
- Only carry things in a backpack or a bicycle carrier.
- Make sure your bicycle fits your body.
What Should You Do After an Accident Occurs on Your Bicycle in New Jersey?
Being struck while riding your bicycle can be a traumatic and disorienting experience. The vulnerability of cyclists in collisions with motor vehicles often results in serious injuries that can cloud judgment and make it difficult to think clearly about protecting your health and legal rights. However, taking the right actions immediately after a bicycle accident in New Jersey can be crucial for your safety, recovery, and any potential legal claims. Here’s what you should do:
1. Prioritize Your Safety and Health
- Check yourself for injuries immediately.
- Move out of the roadway to a safe location if you’re physically able.
2. Call 911 Immediately
Contact emergency services right away, even if your injuries seem minor. Bicycle accidents frequently involve head trauma, internal injuries, or fractures that may not be immediately apparent due to shock and adrenaline. Request both police and medical assistance. The responding officer will create an official police report documenting the accident, which is crucial for insurance claims and potential legal action. Never let the driver convince you not to call police or to handle the matter privately.
3. Seek Medical Attention
Accept medical evaluation from paramedics when they arrive, even if you believe you’re uninjured. Many bicycle accident injuries, including concussions, internal bleeding, and spinal injuries, may not show symptoms immediately but can be life-threatening if left untreated. Keep detailed records of all medical treatments, diagnoses, and recommendations, as these will be essential for any insurance claims or legal proceedings.
4. Exchange Information with the Driver
If you’re physically able, collect the driver’s information
5. Preserve Evidence
- Keep your bicycle and damaged clothing, helmet, and other gear exactly as they were after the accident
- Take photos of all damage to your bicycle and equipment
- Keep all medical records and bills related to your treatment
- Save receipts for any expenses related to the accident, including transportation to medical appointments
- Write down your recollection of how the accident occurred while it’s fresh in your memory, including what you saw, heard, and felt
6. Notify Your Insurance Company, But Be Cautious
Contact your auto insurance company to report the accident as soon as possible, as your Personal Injury Protection (PIP) coverage may apply even when you were riding a bicycle. However, be cautious about giving detailed statements before consulting with an attorney. Provide basic facts but avoid admitting fault or speculating about the cause of the accident. Insurance adjusters may try to use your words against you to minimize your claim.
7. Contact an Experienced Bicycle Accident Attorney
Given the unique challenges of bicycle accident cases and the severe injuries they often cause, it’s crucial to consult with an experienced New Jersey bicycle accident attorney as soon as possible.
At Mazie Slater Katz & Freeman, we understand that bicycle accidents can result from various factors, and our experienced attorneys can help determine the cause of your bicycle accident and identify all potentially liable parties. We also know that it is common for insurance companies and law enforcement to show bias against cyclists, and we’re prepared to fight those prejudices to secure the full compensation you deserve.
Determining Liability in Bicycle Accident Cases
Proving fault in bicycle accident cases requires establishing the four elements of negligence under New Jersey law:
- Duty of Care – All drivers have a legal duty to operate their vehicles with reasonable care to avoid causing harm to others, including cyclists.
- Breach of Duty – The plaintiff must prove the driver breached their duty of care through negligent actions
- Causation – The plaintiff must establish that the driver’s breach of duty directly caused the bicycle accident and resulting injuries.
- Damages – The plaintiff must prove they suffered actual damages as a result of the accident.
Our experienced bicycle accident attorneys know how to counter biased arguments with compelling evidence proving driver negligence. We work with accident reconstruction experts, conduct thorough scene investigations, interview witnesses, and build powerful cases that hold negligent drivers accountable regardless of insurance company tactics.
Potential Compensation in Bicycle Accident Cases
Bicycle accident victims in New Jersey can pursue comprehensive compensation for all losses resulting from the collision. The severity of injuries that cyclists typically suffer when struck by motor vehicles, combined with the unique vulnerabilities of bicycle riders on the road, often results in substantial damage awards covering both economic and non-economic losses.
Economic Damages
Economic damages compensate for all measurable financial losses caused by the bicycle accident:
- Medical expenses, including emergency room treatment, ambulance transport, hospitalization, surgery, doctor visits, physical therapy, rehabilitation, prescription medications, medical equipment such as wheelchairs or mobility aids, and all future medical care related to your injuries
- Lost wages for all time missed from work during your recovery period
- Loss of earning capacity if your injuries prevent you from returning to your previous career or reduce your ability to earn income in the future
- Property damage to repair or replace your bicycle, helmet, cycling gear, clothing, and any other personal property damaged in the accident
- Out-of-pocket expenses for transportation to medical appointments, home health care, home modifications to accommodate disabilities, assistive devices, and other accident-related costs
Non-Economic Damages
New Jersey law allows bicycle accident victims to recover compensation for intangible losses that significantly impact quality of life:
- Pain and suffering from your physical injuries and the trauma of being struck while vulnerably exposed on your bicycle
- Emotional distress, including anxiety about returning to cycling, fear of traffic, depression, PTSD, and other psychological impacts that commonly affect bicycle accident survivors
- Loss of enjoyment of life when your injuries prevent participation in cycling, outdoor activities, sports, hobbies, and experiences you previously valued
- Permanent disability and the life-altering impact of lasting physical limitations that may prevent you from returning to cycling or other physical activities
- Disfigurement and scarring, particularly road rash scarring, facial injuries, or amputations that affect your appearance and self-confidence
- Loss of consortium for spouses whose relationships suffer due to their partner’s injuries
Importantly, New Jersey places no caps on non-economic damages in personal injury cases, allowing juries to award whatever compensation they determine is appropriate based on the severity and life-altering impact of your injuries. This is particularly significant in bicycle accident cases, where the vulnerability of cyclists often leads to catastrophic, permanent injuries that dramatically alter every aspect of victims’ lives.
New Jersey Cycling Accident Attorneys
Our New Jersey car accident lawyers are very experienced in handling bike accident lawsuits. If you or a loved one has been in a bicycle accident with a motor vehicle that caused serious injury or death, protect your rights and contact the New Jersey law firm of Mazie Slater Katz & Freeman. One of our experienced bicycle accident lawyers will get back to you as soon as possible to discuss your New Jersey bike accident case.
Frequently Asked Questions About Bicycle Accidents
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Can I file a claim if I wasn’t wearing a helmet?
Yes. While wearing a helmet is always recommended for safety, not wearing one doesn’t prevent you from filing an injury claim or lawsuit. In New Jersey, you have a right to compensation as long as the driver’s negligence caused the accident, regardless of whether you were wearing a helmet. New Jersey law only requires helmets for cyclists 17 years old and younger. However, be aware that insurance companies will try to use the lack of helmet use to reduce your compensation, arguing it contributed to your injuries. Our attorneys know how to counter these arguments with medical expert testimony which may show which injuries would have occurred regardless of helmet use.
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How is fault determined in bicycle accident cases?
Fault in bicycle accidents is determined by proving the four elements of negligence: duty of care, breach of duty, causation, and damages. This typically requires thorough investigation, including accident reconstruction, witness testimony, physical evidence analysis, and often expert testimony.
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What is the statute of limitations for bicycle accident cases in New Jersey?
You generally have two years from the date of the accident to file a personal injury lawsuit in New Jersey. However, there are important exceptions, so contact our experienced bicycle attorneys for a free consultation.
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How much is my bicycle accident case worth?
The value depends on numerous factors including:
- Severity and permanence of your injuries
- Medical expenses incurred and expected in the future
- Lost income during recovery and reduced earning capacity
- Pain and suffering you’ve experienced
- Impact on your quality of life
- Available insurance coverage
- Strength of evidence proving driver negligence
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What if the driver who hit me left the accident scene?
Hit-and-run bicycle accidents present additional challenges, but you can still pursue compensation. Our attorneys work with law enforcement to help identify hit-and-run drivers using surveillance footage, witness testimony, vehicle parts left at the scene, and other investigative techniques. Even if the driver is never found, we ensure you have access to all available sources of compensation.
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Do I need a bicycle accident lawyer if the driver’s insurance company already offered me money?
Yes—never accept an insurance settlement without first consulting a car accident attorney that specializes in bicycle cases. Insurance companies make quick, lowball offers hoping injured cyclists will accept inadequate compensation before understanding the full extent of their injuries or consulting legal counsel. Once you accept a settlement and sign a release, you typically cannot pursue additional compensation even if your injuries worsen or you discover new damages. An attorney will evaluate whether the offer adequately compensates for all your losses, including future medical care and long-term impacts you may not have considered.
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What if I was partially at fault for the bicycle accident?
New Jersey follows a modified comparative negligence system, allowing you to recover compensation as long as you were 50% or less at fault. Your compensation will be reduced by your percentage of responsibility. For example, if you’re found 20% at fault and awarded $100,000, you would receive $80,000. If you’re 51% or more at fault, you cannot recover any compensation. This makes it crucial to have an aggressive attorney that specializes in bicycle accidents and who will fight against unfair attempts to shift blame onto you—a common insurance company tactic in bicycle accident cases.
