Bicycle Accident Claims in New Jersey

A person riding a bicycle on a roadway has all the rights and duties of a vehicle driver, except provisions that by their nature cannot apply. A driver approaching a bicyclist (or pedestrian or scooter user) must, when possible, change into a lane not next to them; if that is not possible, leave at least 4 feet while passing; and if neither is possible or safe, slow down and be prepared to stop. Anyone under 17 must wear a properly fitted and fastened bicycle helmet when riding or riding as a passenger.

Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant (or the combined negligence of the defendants); damages are reduced by the injured person's percentage of negligence.

New Jersey is a no-fault (choice) state. Standard liability minimums for policies issued or renewed on or after January 1, 2026 are $35,000 per person and $70,000 per accident for bodily injury (they were $25,000/$50,000 from 2023 through 2025), and $25,000 for property damage. A low-cost basic or special policy may be used instead. Standard policies must include personal injury protection (PIP) medical benefits of up to $250,000 per person regardless of fault. Drivers choose a tort option; under the "limitation on lawsuit" option, a person may sue for noneconomic loss only for death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, or a permanent injury.

Two years. An action for injury to the person caused by the wrongful act, neglect or default of another must be filed within two years after the cause of action accrues.