Hit on a bike in New Jersey: PIP, bike laws and your injury claim

Who pays your medical bills: PIP

New Jersey is a no-fault auto insurance state, and that system reaches cyclists too. PIP benefits under N.J.S.A. 39:6A-4 are paid without regard to fault, and they cover the named insured and resident family members, as well as pedestrians injured by the insured car. A cyclist is not occupying a vehicle, so for PIP purposes cyclists are generally treated like pedestrians.

In practice, the order usually works like this:

• If you own a car insured in New Jersey, your own auto policy's PIP is usually first in line.
• If you don't, but you live with a relative who has a New Jersey auto policy, that policy's PIP usually applies.
• If neither applies, you can usually claim PIP from the insurer of the car that hit you.
• In a hit-and-run or uninsured case, the New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA) may provide medical benefits.

Suing the driver for pain and suffering

PIP pays medical expenses and some other economic losses, but not pain and suffering. For that, you would bring a claim against the at-fault driver's liability coverage.

If your PIP comes from your own auto policy, the lawsuit option you picked on that policy can matter. Many New Jersey drivers choose the limitation on lawsuit option (often called the verbal threshold), which restricts pain and suffering claims to more serious injuries. Our car accident guide explains how that works. Cyclists without their own policy may face different rules, so it's worth having a lawyer check which policy and threshold apply.

Fault matters in the lawsuit. New Jersey uses comparative fault: under N.J.S.A. 2A:15-5.1 you can recover as long as your share of fault isn't greater than the driver's, and your damages are reduced by your percentage.

New Jersey bike laws that come up in crash cases

Under N.J.S.A. 39:4-14.1, a person riding a bicycle on a roadway has all the rights and duties of a vehicle driver, except rules that by their nature can't apply. That cuts both ways. Drivers have to treat you as traffic, and you're expected to follow signals, signs and right-of-way rules.

The New Jersey Department of Transportation summarizes the core riding rules: ride in the same direction as traffic, stay as near to the right as practicable (with room to move left to turn, pass or avoid hazards), and at night use a white front light and a red rear light. N.J.S.A. 39:4-10 requires those lamps to be visible from at least 500 feet.

New Jersey's Safe Passing Law (N.J.S.A. 39:4-92.4) requires drivers approaching a cyclist to change lanes when it's safe to do so. If they can't, they must leave at least four feet while passing, and if neither is possible, slow to 25 mph or the posted limit if lower and be ready to stop. A violation that causes bodily injury carries a $500 fine and two points. A ticket under this law can be useful evidence of fault.

How bike crashes usually happen

Most car and bike collisions follow a few familiar patterns. A driver turns right across a cyclist riding straight. A driver turning left misjudges a cyclist's speed. A parked driver opens a door into the bike lane. A driver passes too close, clips the handlebar or forces the rider into the curb. Each pattern raises its own fault questions, such as who had the right of way and whether the driver checked mirrors.

Police reports help, but they're not the final word. Officers often arrive after the fact and may rely on whoever is able to talk. If you were taken away in an ambulance, the report may mainly reflect the driver's version. You can request a copy of the report and point out errors, and witness statements and video can fill gaps the report leaves.

If you were riding with others, their observations are valuable too. Get their contact information even if they're shaken or in a hurry to leave.

The helmet rule for riders under 17

N.J.S.A. 39:4-10.1 says a person under 17 may not ride a bicycle, as the rider or a passenger, without a properly fitted and fastened helmet that meets the required safety standard. That includes a child in a bike seat or a trailer.

Enforcement is mild. Under N.J.S.A. 39:4-10.6, a first violation gets a warning, and a parent or guardian can be fined up to $25 for a first offense and up to $100 after that, with a possible waiver if they show they bought a helmet. Adults 17 and over are not required by state law to wear one.

In an injury case, an insurer may argue that the lack of a helmet made a head injury worse. How much weight that argument carries depends on the facts and the medical evidence, which is one more reason to get advice before giving any statement.

When the road or a government vehicle is the problem

Some bike crashes are caused by potholes, broken pavement, unsafe drainage grates or a municipal or county vehicle. Claims against public entities fall under the Tort Claims Act, which generally requires a written notice of claim within 90 days. That's much shorter than the two-year deadline that applies to most injury lawsuits, so it's worth flagging right away if a town, county or state road was involved.

Evidence to save

Bike crashes often come down to whose story is believed. Damaged bikes, helmets and clothing are physical evidence, so don't throw them out or repair the bike yet. Photos of the scene, your injuries and the car help. So do bike computer or phone ride data, a helmet or handlebar camera, and nearby home or business cameras, which may record over within days.