Being hit by a car while riding a bike can be a shocking and painful experience. Injuries can range from minor scrapes to serious, life-changing trauma. Beyond the physical impact, you may face mounting medical bills, missed work, and stress from dealing with insurance or legal matters. Understanding your rights and the steps to take after a bicycle accident in New Jersey can help you protect yourself and pursue compensation for your losses.
How to Protect Yourself After a Bicycle Accident
If you are hit by a car on your bike, your first priority is your safety. Move yourself and your bicycle out of traffic if you are able. Check for injuries, even if they seem minor, because some injuries may not be immediately apparent. Call 911 for medical attention and to report the accident to the police. A police report provides an official record of the incident, which can be used in insurance claims or legal proceedings.
Documenting the accident scene is also critical. Take photos of:
- Your bike
- The vehicle involved
- Road conditions and traffic signs
- Any visible injuries
Exchange contact information with the driver and gather information from witnesses. Witness accounts, photos, and videos can all strengthen your case if you later decide to file a claim.
Notify your insurance company about the accident as soon as possible. New Jersey has no-fault laws that allow you to recover from your Personal Injury Protection (PIP) coverage, even if you are riding a bike. If your injuries meet the serious injury threshold, you may also file a claim against the driver’s insurance. Be careful with statements to the insurance company, and do not admit fault before consulting an attorney.
Common Parties Responsible in a New Jersey Bicycle Accident
Liability in bicycle accidents can involve more than just the driver. Understanding who may be responsible can help determine your path to recovery.
Drivers may be responsible if they:
- Fail to yield the right-of-way
- Open a car door into a cyclist’s path (“dooring”)
- Turn without checking for bikes
- Drive while distracted, fatigued, or impaired
New Jersey law requires drivers to give cyclists at least 4 feet of space when passing. Failure to follow this law can create liability for any resulting crash.
Cyclists may share responsibility if they:
- Ride against traffic
- Ignore traffic signals
- Fail to use lights at night
- Swerve unpredictably
Even if a cyclist is partially at fault, New Jersey follows comparative negligence rules. You can still recover compensation if you are less than 50 percent responsible for the accident.
Other parties that may share responsibility include:
- Pedestrians or other cyclists: If their actions created a hazard that caused the crash.
- Municipalities or property owners: Crashes caused by potholes, loose gravel, missing road markings, construction hazards, or poorly maintained bike paths.
- Bike or equipment manufacturers: Accidents may result from defective brakes, tires, or other bike components. Investigating these defects is necessary for potential claims.
Understanding Insurance Coverage After a Bicycle Accident
Insurance coverage can be complicated, but knowing your options helps you get medical bills and other expenses paid.
- New Jersey’s Personal Injury Protection (PIP) benefits often apply even if you were cycling and not in a car.
- If you do not own a car, the at-fault driver’s insurance usually becomes the primary source of coverage.
- Uninsured or underinsured motorist coverage may also apply if the driver does not have enough insurance.
Insurance companies often aim to reduce payouts, so working with a personal injury lawyer ensures your rights are protected and that you receive proper compensation.
Steps to Take After Being Hit by a Car on a Bike
Taking the right steps after an accident can strengthen your case and improve your chances of recovery.
- Call 911: Even if the driver asks you not to, you need medical attention and a police report. Many injuries are not immediately apparent.
- Collect evidence: Take photos, record videos, and get witness names and contact information.
- Seek medical attention: Prompt evaluation documents your injuries, which is crucial for insurance and legal claims.
- Avoid detailed statements to insurance companies: Insurance adjusters often try to minimize payouts.
- Contact a personal injury lawyer: Early legal help can preserve evidence, protect your rights, and guide you through the claims process.
Hit-and-Run Bicycle Accidents
Hit-and-run accidents make claims more challenging, but there are still ways to recover damages.
- Try to gather details about the fleeing vehicle, including the license plate or a description.
- Look for nearby surveillance cameras, such as businesses or traffic cameras, that may have captured the accident.
- Report the incident immediately to the police and your attorney.
You may be able to file a claim using your uninsured motorist coverage or pursue other legal avenues. A lawyer can help ensure you explore all available options.
Common Injuries from Bicycle Accidents
Bicycle accidents often result in both impact and penetrating injuries. Common injuries include:
- Traumatic brain injuries: Blunt force trauma to the head can cause memory loss, confusion, seizures, and coordination problems.
- Spinal injuries: Can result in paralysis, numbness, or severe back and neck pain.
- Internal injuries: Organs like the liver, spleen, and kidneys may suffer trauma from impact or broken bones.
- Lacerations and fractures: Broken bones may puncture internal organs, and shattered glass can cause severe cuts or embed in soft tissue.
Prompt medical attention not only treats injuries but also establishes a record for potential claims.
How a Lawyer Can Help Determine Responsibility
A personal injury lawyer can help determine liability and strengthen your claim. They can:
- Review police reports
- Analyze photos and videos from the scene
- Interview witnesses
- Examine the crash location, including intersections and road conditions
- Consult accident reconstruction experts if needed
- Communicate with insurance companies on your behalf
Determining fault may involve drivers, cyclists, pedestrians, municipalities, or bike manufacturers. Legal guidance can ensure that the responsible party is held accountable.
Why Legal Help Matters
Recovering from a bicycle accident can be overwhelming. Beyond medical bills, lost wages, and stress, dealing with insurance companies can be confusing and frustrating. A personal injury lawyer helps you understand your rights, gather evidence, and pursue compensation for medical costs, lost income, and pain and suffering. Attorneys handle negotiations and lawsuits so you can focus on recovery.
Contact a New Jersey Bicycle Accident Lawyer
If you were hit by a car on a bike in New Jersey, you do not have to face the process alone. Experienced personal injury lawyers can review your case, explain your options, and help you pursue damages for injuries, lost wages, and emotional distress. Call (732) 229-3200 today for a free consultation to discuss your case and get guidance on the best steps to take.