Every summer, New Jersey's beaches, boardwalks, and coastal towns attract large numbers of visitors, bringing heavier traffic to roads shared by drivers, bicyclists, and pedestrians. According to the New Jersey FY2024–2026 Highway Safety Plan, the state recorded 2,091 bicycle crashes in 2021, with 1,505 bicyclists injured. The plan also reports 26 bicyclist fatalities that year.
If you were hurt while riding a bicycle during a visit to New Jersey, you may have legal options when someone else's negligence contributed to the crash. Whether you rented a bicycle for the day or brought your own, understanding how New Jersey law may affect your claim—and preserving important evidence before returning home—can make the process easier to navigate.
Key Takeaways: Summer Bicycle Accidents Involving Tourists in New Jersey
- Summer bicycle accidents involving tourists in New Jersey can involve negligent drivers, unsafe road conditions, rental bicycles, or several contributing factors.
- Bicyclists using New Jersey roadways generally have the same rights and responsibilities as motor-vehicle drivers.
- New Jersey's Safe Passing Law generally requires motorists to change lanes when possible or provide at least four feet of passing distance.
- Claims involving a municipality or other public entity are subject to special rules and potentially much shorter notice deadlines.
- Visitors should preserve photographs, witness information, rental records, and medical documentation before leaving New Jersey whenever possible.
- Returning to another state does not prevent an injured visitor from pursuing a claim, although insurance and choice-of-law issues can depend on the particular circumstances.
Why Tourist Bicycle Accidents Happen in New Jersey
Summer transforms communities along the Jersey Shore. Popular destinations such as Cape May, Ocean City, Wildwood, Point Pleasant Beach, Long Beach Island, and Asbury Park experience increases in vehicle traffic, bicycle rentals, and pedestrian activity. Roads that may be relatively manageable during other parts of the year can become much more crowded.
The season also changes how New Jersey's roads are used. The state's Bicycle Safety Action Plan found that bicycle crashes peak during June, July, and August. It also found that more crashes occur during the late afternoon and early evening than during other parts of the day.
In popular shore towns, cyclists may share narrow streets with vacation traffic, delivery vehicles, rideshare drivers, and pedestrians. A driver's failure to notice a bicycle or a cyclist's difficulty navigating an unfamiliar intersection can quickly lead to a collision.
Several factors may contribute to bicycle accidents involving tourists:
- congested roads during peak vacation season
- unfamiliar streets and intersections
- distracted or inattentive driving
- frequent pedestrian crossings near beaches and boardwalks
- limited bicycle infrastructure in some communities
- reduced visibility during evening rides
- families and large groups riding together
New Jersey bicycles are not classified as motor vehicles, but bicyclists riding on roadways generally have the same rights and duties as motor-vehicle drivers under N.J.S.A. 39:4-14.1. That includes following applicable traffic signals and rules of the road.
New Jersey's Safe Passing Law (N.J.S.A. 39:4-92.4) also provides specific protections when motorists pass bicyclists. When possible under existing traffic and safety conditions, a driver must move into a lane that is not adjacent to the bicyclist. If that is not possible, the driver generally must leave at least four feet of space.
When changing lanes or providing four feet of distance is not possible because of traffic or roadway conditions, the driver must slow to 25 mph or the lower posted speed, be prepared to stop, and pass only when doing so will not endanger the bicyclist or another person using the road.
Who May Be Liable for a Tourist Bicycle Crash?
Liability depends on how the collision happened. Although many bicycle accidents involve passenger vehicles, responsibility is not always limited to one person or business.
Depending on the circumstances, potentially responsible parties may include:
- the driver of a passenger vehicle
- a commercial vehicle operator or the driver's employer
- another bicyclist
- a public entity responsible for a dangerous condition of public property
- a contractor that created a hazardous work zone
- a bicycle rental company if negligent maintenance or defective equipment contributed to the accident
Claims involving a municipality, county, the State of New Jersey, or another public entity require particular care. New Jersey's Tort Claims Act generally provides immunity to public entities unless a statutory basis for liability applies. For a dangerous-condition claim, for example, an injured person generally must establish several elements concerning the condition of the property, its connection to the injury, foreseeability, and the public entity's creation of or notice of the condition.
There is also a much shorter procedural deadline that can apply. A person pursuing a claim under the Tort Claims Act generally must provide the appropriate public entity with a notice of claim within 90 days after the claim accrues. Courts can allow some late notices under limited circumstances, but waiting until the ordinary lawsuit deadline can jeopardize a public-entity claim.
New Jersey also follows a modified comparative negligence system under the Comparative Negligence Act (N.J.S.A. 2A:15-5.1 through 5.3). An injured bicyclist's own negligence does not necessarily prevent recovery. However, compensation is reduced according to the bicyclist's percentage of fault, and recovery can be barred if the bicyclist's negligence is greater than the negligence of the party or combined parties from whom damages are sought.
Police reports can provide an important starting point, but they are not the only evidence considered. Photographs, video footage, witness statements, damage to the bicycle and vehicles, and evidence of roadway conditions can all help establish what occurred.
For tourists, gathering this information before leaving New Jersey can be particularly important. Returning later to locate witnesses, identify surveillance cameras, or document a roadway condition may be much more difficult.
How Rental Bikes and Guided Tours Can Affect Liability
Many visitors rent bicycles for a few hours or join guided rides while exploring New Jersey's shore communities. Renting a bicycle does not automatically make the rental company responsible when an accident occurs. Liability depends on what caused the crash and whether a person or business failed to use the level of care required under the circumstances.
For example, a rental company could potentially face liability if negligent maintenance, worn brakes, damaged tires, or another equipment problem contributed to the accident. A guided-tour operator could also face liability if its own negligence contributed to an injury, such as failing to address a known hazard that created an unreasonable risk for participants. The facts of each accident matter.
New Jersey also imposes certain requirements involving bicycle helmets and rentals. Riders under 17 generally must wear an approved bicycle helmet. Bicycle sellers and rental agents must display a notice informing customers of the helmet requirement, and rental agents must provide a helmet when necessary, for a fee.
Even when a rental bicycle is involved, another party—such as a negligent driver—may still be primarily or partly responsible for the accident. An investigation can help determine whether several factors contributed to the crash.
What Evidence Should You Gather Before Leaving New Jersey?
Tourists often face an additional challenge after a bicycle accident: they may need to return home before the insurance claim or investigation is complete. Collecting evidence early can make it easier to establish what happened later.
If your condition allows, try to preserve:
- photographs of the accident scene
- photographs of damage to the bicycle and any involved vehicles
- names and contact information for witnesses
- the responding police officer's name and report number
- the locations of nearby surveillance cameras
- the bicycle rental agreement, if applicable
- receipts and records related to the rental
- medical records and discharge paperwork
If the bicycle appeared to have a mechanical problem, photograph the condition before the bicycle is repaired or returned whenever possible. Rental records, inspection records, and maintenance information may also become relevant if an equipment problem contributed to the accident.
Seeking medical care promptly is important as well. Medical records can document your injuries and treatment and help establish their connection to the accident. They may also help support a claim for a fair settlement based on the losses you sustained.
How Insurance and Medical Bills May Be Handled
Paying for medical care after a bicycle accident can be complicated, particularly when the injured bicyclist lives in another state. The available insurance coverage can depend on whether a motor vehicle was involved, where the applicable insurance policies were issued, the type of coverage the injured person carries, and other circumstances.
Depending on the accident and the policies involved, potentially relevant coverage may include:
- personal injury protection or other automobile medical coverage
- an at-fault driver's bodily injury liability coverage
- uninsured or underinsured motorist coverage, when applicable
- commercial automobile or liability insurance
- health insurance
- homeowner's or business liability coverage in some circumstances
New Jersey's Personal Injury Protection, or PIP, system can also be relevant when a bicyclist is struck by an automobile. For purposes of New Jersey's No-Fault Act, a person riding a conventional bicycle is generally treated as a pedestrian because the bicycle is powered by muscular effort. PIP may therefore provide medical-expense benefits when a bicyclist is injured in an accident caused by an automobile. Determining which policy provides coverage can be more complicated when the injured bicyclist lives outside New Jersey or when several insurance policies may apply.
Liability insurance serves a different purpose. When another person's negligence caused the accident, that person's applicable liability coverage may be a source of compensation for losses that can legally be recovered from the responsible party.
Medical bills may continue arriving long after a vacation ends. Keep copies of treatment records, invoices, prescriptions, insurance correspondence, and expenses related to necessary medical care. These records can help document losses resulting from the accident.
Living outside New Jersey does not by itself prevent you from pursuing a claim arising from an accident here. However, accidents involving an out-of-state resident can raise questions about which state's laws apply to particular issues and how different insurance policies interact. Those questions depend on more than simply where the injured person lives or where the accident occurred.
How Long Do Tourists Have to File a Bicycle Accident Claim in New Jersey?
For most negligence-based personal injury claims in New Jersey, a lawsuit generally must be filed within two years after the claim accrues. Missing that deadline can prevent an injured person from recovering compensation even when the underlying negligence claim would otherwise have been valid.
Not every bicycle accident follows the ordinary two-year timetable, however. As discussed above, claims against New Jersey public entities or employees can carry a 90-day Tort Claims Act notice requirement. Different rules may also apply in particular circumstances, including claims involving minors.
For tourists, it is especially important not to assume that returning home means there is no need to act until the two-year deadline approaches. Evidence can disappear much sooner, and some procedural requirements arise within months of the accident.
Frequently Asked Questions
Can I file a personal injury claim if I live outside New Jersey?
Yes. Living in another state does not prevent you from pursuing a claim simply because you returned home after the accident. A New Jersey bicycle accident can still give rise to a personal injury claim against a responsible driver, business, or other party. The laws governing particular liability and insurance issues can depend on the facts and the policies involved.
Who pays my medical bills after a bicycle accident?
There is no single answer that applies to every bicycle accident. Depending on the circumstances, medical expenses may initially involve PIP or other automobile medical benefits, health insurance, or another form of coverage. If someone else was legally responsible for the accident, liability insurance may also become relevant to damages recoverable from that party.
Can I file a claim if I was riding a rental bicycle?
Yes. Riding a rented bicycle does not prevent you from pursuing a personal injury claim when another party's negligence caused or contributed to the accident. If negligent maintenance or an equipment defect contributed to the crash, the rental company or another responsible party may also need to be investigated.
What happens if I returned home before starting a claim?
Returning home does not automatically eliminate your legal rights. Keep copies of photographs, medical records, rental documents, receipts, police information, and other evidence related to the accident.
Do not delay simply because you are no longer in New Jersey, particularly if a public entity could be involved. Some New Jersey claims require notice within a much shorter period than the ordinary statute of limitations.
Do adults have to wear bicycle helmets in New Jersey?
New Jersey's statewide bicycle helmet law generally applies to riders under 17 years old. Adults riding conventional bicycles are not subject to that statewide helmet requirement, although wearing an appropriately fitted helmet remains an important safety measure.
Brandon J. Broderick, Attorney at Law, Can Help After a Bicycle Accident
A bicycle accident during a vacation can create problems that continue long after you return home. Medical treatment, insurance questions, missing evidence, and unfamiliar New Jersey laws can make an already difficult situation more complicated.
Taking early steps to preserve evidence and determine which deadlines and insurance rules apply can help protect your ability to pursue a claim.
Contact us for a free consultation if you were injured in a bicycle accident while visiting New Jersey. Brandon J. Broderick, Attorney at Law can review the circumstances of your accident, answer your questions, and explain the legal options that may be available.