One moment, you are riding down the road. The next, a car clips you, runs a stop sign, or passes too close and knocks you off your bike. If you are a cyclist who was hit by a car in New Jersey, everything that happens in the hours after the crash matters. The steps you take right now will directly affect your ability to recover fair compensation.

At Villani & DeLuca, P.C., our personal injury attorneys represent injured cyclists throughout Ocean County and Monmouth County. Here is what you need to know.

You Have the Same Rights as a Driver on the Road

A lot of drivers do not know this, and a lot of cyclists do not either. Under N.J.S.A. 39:4-14.1, every person riding a bicycle on a roadway is granted all the rights and is subject to all the duties of a motor vehicle driver. That means you had every legal right to be on that road, and the driver who hit you had the same duty of care toward you as they would toward any other vehicle.

New Jersey also has a strict safe passing law. Under N.J.S.A. 39:4-92.4, which took effect on March 1, 2022, drivers must move over a lane when passing a vulnerable road user if it is safe to do so. On a single-lane road, they must maintain at least four feet of clearance. If four feet is not possible, they must slow to 25 mph and be prepared to stop. A driver who failed to do that and hit you has very likely violated New Jersey law and can be held liable for your injuries.

What to Do Immediately After the Accident

Call 911
Report the accident right away. A police report is one of the most important pieces of evidence in a bicycle accident claim. Make sure the officer notes your injuries, the location, and the details of what happened. Get a copy of the report as soon as it is available.

Get Medical Attention the Same Day
Even if you think you are okay, see a doctor immediately. Traumatic brain injuries, internal bleeding, and spinal damage often do not show symptoms right away. A same-day medical record also creates a direct link between the crash and your injuries, which is critical if an insurer tries to argue your injuries came from somewhere else.

Document Everything at the Scene
Photograph the vehicle that hit you, the road conditions, any skid marks, your bicycle, and any visible injuries. Get the driver's name, license plate, and insurance information. If anyone saw what happened, get their contact details.

Do Not Apologize or Admit Fault
Do not say sorry, do not speculate about what happened, and do not make any statements about fault at the scene. Stick to the facts when speaking with police. Anything else can be used against you later.

Preserve Your Bike and Gear
Do not repair or throw away your bicycle, helmet, or riding clothes. These are physical evidence that can support your claim.

Call a Bicycle Accident Attorney Before Talking to Any Insurer
Insurance companies move fast after accidents. Yours and theirs. Before you give any statements or sign anything, speak with an attorney who handles bicycle accident cases in New Jersey.

How Insurance Works for Injured Cyclists in New Jersey

New Jersey is a no-fault insurance state, and this creates a situation that surprises a lot of people. Under New Jersey law, cyclists are treated as pedestrians for insurance purposes because bicycles are human-powered. This means that if you own an auto insurance policy, you may be able to file a Personal Injury Protection (PIP) claim with your own insurer to cover medical expenses regardless of who caused the crash.

If you do not own a vehicle or policy, you may still be eligible for PIP coverage through a family member's policy if you live in their household. If no policy applies, the at-fault driver's liability insurance becomes your primary source of recovery.

Beyond PIP, you may also pursue a fault-based claim against the driver who hit you for pain and suffering, lost wages, and long-term disability. To bring this claim, your injuries generally must meet New Jersey's verbal or monetary threshold as defined in your auto policy, meaning they must be serious enough to qualify under the state's tort system. Our personal injury attorneys will evaluate your specific policy and injuries to find every available avenue of compensation.

What Compensation Can You Recover?

Depending on how seriously you were injured and how the accident happened, you may be entitled to recover:

• Emergency medical care, surgery, physical therapy, and future treatment costs

• Lost wages and reduced earning capacity if your injuries keep you from work

• Pain and suffering

• Emotional distress

• Permanent disability or disfigurement

• Damage to your bicycle and equipment

New Jersey's modified comparative fault rule also applies to bicycle accidents. As long as you were not more than 50% responsible for the crash, you can still recover damages. That said, insurers and defense attorneys will often try to shift blame onto the cyclist, claiming you were too far from the curb, not visible enough, or otherwise contributed to what happened. Having an experienced attorney in your corner makes a real difference in how much of that sticks.

Common Causes of Bicycle Accidents in New Jersey

Understanding how these crashes happen helps establish who is liable. The most common scenarios we see include:

• Drivers passing too close and violating the four-foot safe passing law

• Right-hook turns are made without checking for cyclists in the bike lane

• Drivers running red lights or stop signs

• Distracted or impaired driving

• Dooring accidents, where a parked driver opens their door into an oncoming cyclist

• Poorly maintained roads with potholes, uneven pavement, or debris

In some cases, more than one party may be responsible. If a dangerous road condition contributed to your crash, the municipality responsible for maintaining that road could also face liability. If a defect in your bicycle played a role, the manufacturer may be on the hook as well.

Why Having an Attorney Makes a Difference

Bicycle accident claims are routinely more complicated than they look. Insurers will challenge whether the driver was truly at fault, question the severity of your injuries, or argue that you were partly responsible for the crash. Without someone who knows New Jersey's bicycle laws and comparative fault standards in your corner, you are negotiating against professionals whose job is to pay you as little as possible.

At Villani & DeLuca, P.C., we handle bicycle accident cases on a contingency fee basis. You pay nothing unless we win your case.

Call (732) 709-7757 to schedule your free consultation. We are available 24 hours a day, 7 days a week.

Frequently Asked Questions

Does not wearing a helmet affect my bicycle accident claim in New Jersey?
New Jersey law only requires cyclists under the age of 17 to wear a helmet. If you are an adult and were not wearing one, it does not automatically bar your claim. However, if your head injuries could have been reduced by a helmet, the defense may argue you were partly at fault. An attorney can help push back on that argument effectively.

What if the driver who hit me fled the scene?
Hit-and-run accidents do happen. You may still be able to recover compensation through your own uninsured motorist coverage. Report the accident to the police immediately, do not move anything at the scene if you can help it, and contact an attorney before filing any insurance claim.

How long do I have to file a bicycle accident claim in New Jersey?
You generally have two years from the date of the accident to file a personal injury lawsuit under New Jersey's statute of limitations. If a government entity is involved, such as a municipality responsible for a dangerous road condition, a 90-day notice requirement may apply. Contact an attorney as soon as possible to make sure you do not miss any deadlines.