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Guide · Pedestrians and bikes · All states

Bike accident lawsuits: who's at fault and what you can recover

Updated By the Counselworthy teamGeneral information, not legal advice

Short answer

  • Fault turns on who failed to use reasonable care.
  • In New Jersey, drivers must give riders room to pass.
  • Your household's auto PIP pays medical bills first.
  • You can recover unless found more than 50% at fault.
  • Rental bike terms, like Citi Bike's, can limit claims against the company.

Checked October 27, 2026.

Sources: Cornell Law School, Legal Information Institute, Wex: negligence; P.L.2021, c.194 (N.J.S.A. 39:4-92.4); N.J.S.A. 39:6A-2(h); N.J.S.A. 39:6A-4; N.J.S.A. 39:6-86.7; N.J.S.A. 17:28-1.3; N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2; Citi Bike, Rental Agreement (NYC Bike Share, LLC and Jersey City Bike Share, LLC). Every fact cites a source

Checker

What happened?

Pick the closest one. It shows the New Jersey rule that usually matters most. It can't tell you who was at fault in your crash, or put a value on your claim.

A driver hit meYour PIP pays first
What it is
A claim against the driver for what PIP doesn't cover.
Why it matters
Under the PIP law, someone on a pedal bike counts as a pedestrian. Drivers must also give you room.
The rule
A driver passing you must change lanes, leave at least 4 feet, or slow to 25 mph and be ready to stop. Your household's PIP covers you as a pedestrian.
What you can do now

Get the driver's name, insurance and plate, and give your own auto insurer written notice.

Source: P.L.2021, c.194 (N.J.S.A. 39:4-92.4); N.J.S.A. 39:6A-2(h); N.J.S.A. 39:6A-4; N.J.S.A. 39:6-86.7; N.J.S.A. 17:28-1.3
A pothole or the road itselfAsk a lawyer soon
What it is
A claim against the town, county or State that keeps the road.
Why it matters
Notice to a public entity is due far sooner than the usual deadline to sue.
The rule
Written notice of a claim against a public entity is due within 90 days.
What you can do now

Photograph the spot, and write down the date and the exact place now.

Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
I was on a Citi BikeRead the rental agreement
What it is
Any claim against the bike share company, apart from one against a driver.
Why it matters
Citi Bike's agreement has riders release the company and others, including the City of Jersey City. Disputes go to mediation in New York State first.
The rule
The agreement asks you to report a crash to police and Citi Bike within 24 hours. Its list of released parties doesn't name drivers.
What you can do now

Report the crash to police and Citi Bike right away, and photograph the bike and where it happened.

Source: Citi Bike, Rental Agreement (NYC Bike Share, LLC and Jersey City Bike Share, LLC)
I was on an e-bike or e-scooterPIP may not cover you
What it is
A claim where your own auto policy's PIP may not apply.
Why it matters
The PIP law's pedestrian is anyone not on a vehicle powered by more than muscle.
The rule
A motor may take you outside the PIP law's meaning of pedestrian. The safe passing law still covers low-speed e-bikes and e-scooters.
What you can do now

Ask your auto insurer in writing whether its PIP covers you, and keep the answer.

Source: N.J.S.A. 39:6A-2(h); P.L.2021, c.194 (N.J.S.A. 39:4-92.4)
The driver drove offYour own coverage comes first
What it is
A claim with no driver to name yet.
Why it matters
Your household's auto policy covers you as a pedestrian, whoever caused it.
The rule
Your household's PIP covers you. Someone without a household policy may be eligible for PIP from the state's Unsatisfied Claim and Judgment Fund.
What you can do now

Report it to police right away, and give your insurer written notice.

Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6-86.7; N.J.S.A. 17:28-1.3; New Jersey Property-Liability Insurance Guaranty Association, Unsatisfied Claim & Judgment Fund; UCJF Claims, N.J.S.A. 39:6-65 and 39:6-70; Pedestrian Personal Injury Protection (PIP) Claims, N.J.S.A. 39:6-61 et seq.; Notice of Intention to Make a Claim (UCJF)
My child was hitDifferent rules for children
What it is
A claim for an injured child, brought by a parent or guardian.
Why it matters
The law holds children to a child's standard of care, not an adult's.
The rule
The law presumes a child under 7 isn't capable of acting negligently. A judge must find a child's settlement fair and reasonable.
What you can do now

Keep every medical record and bill in one place, from the first visit on.

Source: Model Civil Jury Charge 7.11; R. 4:44-3; R. 1:21-7(c)(6)

NJWhat crash records show in Jersey City and Hoboken

Police reports in NJDOT's records, read crash against crash: each line compares crashes after they happened. None says how likely anyone is to crash, and none decides fault in anyone's crash.

  • Jersey City: crashes with someone on a bike were 11× as likely to kill or seriously hurt someone as crashes with only people in vehicles

    • 1 in 17 crashes with someone on a bike killed or seriously hurt someone: 85 of 1,419.
    • 1 in 189 crashes with only people in vehicles killed or seriously hurt someone: 238 of 44,991.
    Counselworthy analysis of NJDOT's crash dashboard, January 2019 to September 2026.

See what makes a crash worse in Jersey City

  • Hoboken: crashes with someone on a bike were 8× as likely to hurt someone as crashes with only people in vehicles

    • 80% of crashes with someone on a bike hurt someone: 132 of 165.
    • 10% of crashes with only people in vehicles hurt someone: 402 of 3,925.
    Counselworthy analysis of NJDOT's crash dashboard, January 2019 to September 2026.

See what makes a crash worse in Hoboken

  • 22%of crashes in Jersey City that hurt someone on a bike were hit-and-runs, where a driver left: 128 of 591.

What police wrote on each crash report (form NJTR-1), 2019 to 2023, the newest years NJDOT has published in full. It isn't a finding of fault. Source: NJDOT crash tables, checked October 16, 2026.

See every crash on Jersey City's crash map

NJWhat New Jersey drivers owe riders

A driver approaching someone on a bike must take the first of these that's possible.

  1. Change lanesInto a lane not next to the rider.Source: P.L.2021, c.194 (N.J.S.A. 39:4-92.4)
  2. Leave at least 4 feetIf a lane change isn't possible.Source: P.L.2021, c.194 (N.J.S.A. 39:4-92.4)
  3. Slow to 25 mph or lessIf neither is possible, and be ready to stop.Source: P.L.2021, c.194 (N.J.S.A. 39:4-92.4)
  4. The penaltyBreaking the rule costs a driver $100. If someone is hurt, it's $500 and 2 points on their license.Source: P.L.2021, c.194 (N.J.S.A. 39:4-92.4)

How fault gets decided

Anywhere in the country, an injury claim is usually about negligence: someone failed to use the care a reasonable person would have, and that caused the harm.

  1. NegligenceThe person you claim against owed you a duty of care, failed to meet it, and that caused your injury.Source: Cornell Law School, Legal Information Institute, Wex: negligence
  2. Traffic laws can matter on their ownCornell's Legal Information Institute says the most common use of negligence per se is traffic violations: breaking the traffic code counts as negligence. States differ on how far they take it.Source: Cornell Law School, Legal Information Institute, Wex: negligence per se
  3. Shared fault, in New JerseyYour recovery is cut by your share of the fault. You recover nothing only if your negligence was greater than the driver's, or than everyone you sue combined.Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
  4. Who decidesIn a New Jersey trial, the jury puts a percentage of the fault on each side.Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

NJWhat a bike accident claim can cover

In New Jersey, your own household's auto policy pays first, then a claim against the driver can cover what it doesn't.

  1. Medical bills, first from PIPA household auto policy's PIP covers you when a car hits you on a pedal bike, whoever caused it.Source: N.J.S.A. 39:6A-2(h); N.J.S.A. 39:6A-4; N.J.S.A. 39:6-86.7; N.J.S.A. 17:28-1.3
  2. Bills and losses past PIPThe PIP law doesn't limit recovering what PIP didn't pay from the person at fault: medical bills above the PIP limits, deductibles and copays, and lost income.Source: N.J.S.A. 39:6A-12; N.J.S.A. 39:6A-2(k)
  3. Pain and sufferingIf your household's policy has the lawsuit limit, it can apply: a claim needs one of the injuries the law lists, such as death, dismemberment, significant disfigurement or significant scarring, displaced fractures, loss of a fetus and a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)
  4. No average fits a claimWhat a bike claim settles for turns on the injuries and their records, the coverage on each policy involved, and each side's share of the fault. Counselworthy never puts a number on anyone's claim.Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

NJCiti Bike and other rental bikes

Renting a bike means agreeing to its terms first. Citi Bike's rental agreement covers New York City and Jersey City.

  1. A releaseThe agreement says the bike share companies and the other released parties aren't liable for any injury a rider suffers.Source: Citi Bike, Rental Agreement (NYC Bike Share, LLC and Jersey City Bike Share, LLC)
  2. Who it releasesThe list includes the City of Jersey City, the City of New York, Citibank and every sponsor. It doesn't name drivers.Source: Citi Bike, Rental Agreement (NYC Bike Share, LLC and Jersey City Bike Share, LLC)
  3. Mediation in New York firstA dispute goes to mandatory mediation in New York State, under New York law, before any lawsuit.Source: Citi Bike, Rental Agreement (NYC Bike Share, LLC and Jersey City Bike Share, LLC)
  4. Report within 24 hoursRiders agree to report a crash to police and Citi Bike as soon as possible, and within 24 hours at the latest.Source: Citi Bike, Rental Agreement (NYC Bike Share, LLC and Jersey City Bike Share, LLC)
  5. A release isn't always the last wordA court may refuse to enforce a clause like this, for example one that tries to waive liability for gross negligence. Whether one holds is a question for a lawyer.Source: Cornell Law School, Legal Information Institute, Wex: exculpatory clause

What to do after a bike accident

  • DoCall the police so there's a report, even if you feel fine.
  • DoGet the driver's name, insurance and plate, and the names of anyone who saw it.
  • DoPhotograph the bike, the road and where it happened before anything moves.
  • DoGive your own auto insurer written notice for PIP, and keep every bill.
  • Don'tDon't fix or throw out the bike or your helmet. They show what happened.
  • Don'tDon't sign anything from the driver's insurer before you know what it ends.

Bike crashes, nationally

NHTSA's newest full year, 2024:

  1. 1,103 people killed on bikesPedalcyclists died in traffic crashes across the country, by NHTSA's count. About 52,887 more were hurt, by its estimate.Source: NHTSA, Traffic Safety Facts, Bicyclists and Other Cyclists: 2024 Data (DOT HS 813 822, July 2026)
  2. Most in cities81% of those deaths were in urban areas.Source: NHTSA, Traffic Safety Facts, Bicyclists and Other Cyclists: 2024 Data (DOT HS 813 822, July 2026)
  3. Most away from intersections60% happened at places that weren't intersections.Source: NHTSA, Traffic Safety Facts, Bicyclists and Other Cyclists: 2024 Data (DOT HS 813 822, July 2026)

NJThe deadlines

  1. Sue the driver, in generalN.J.S.A. 2A:14-2(a)2 years after the injury
  2. A pothole, or a town or State vehicleN.J.S.A. 59:8-8Notice within 90 days
  3. A child's claimN.J.S.A. 2A:14-21The clock generally starts at 18
Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9; N.J.S.A. 2A:14-21

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

Can you sue if a car hits you on a bike?

Generally yes, within 2 years in New Jersey. Your household's PIP pays medical bills first. If your policy has the lawsuit limit, pain and suffering needs one of the injuries the law lists.

Who is at fault in a bike accident?

Whoever failed to use reasonable care, and often both share it. In New Jersey, a driver must give a rider room to pass, and your own share of the fault cuts what you recover. A jury puts a percentage of the fault on each side.

Can a cyclist be at fault for a crash?

Yes, in part or mostly. In New Jersey, your share of the fault cuts what you recover, and you recover nothing only if you were more than 50% at fault.

How much is a bike accident settlement?

No average fits a claim: it turns on the injuries, the coverage and the shares of fault. Counselworthy never puts a number on anyone's claim.

Can you sue Citi Bike after an accident?

Its rental agreement releases the bike share companies and others, including the City of Jersey City, and sends disputes to mediation in New York State first. A court may still refuse to enforce a release in some cases. It doesn't name drivers.

What should you do after a bike accident?

Call the police so there's a report, get the driver's insurance and witnesses' names, photograph the bike and the road, and give your own auto insurer written notice for PIP.

More on pedestrians and bikes

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