Bicycle & Pedestrian Accidents in Jersey City | Who Is at Fault?
Posted October 29th, 2025 by Anthony Carbone, PC.
Categories: Attorney Anthony Carbone, Auto Accidents, E-scooter, Legal Topics, Personal Injury.
Jersey City’s busy streets are shared by cars, trucks, bicycles, and pedestrians every day. With so much traffic, accidents are bound to happen. Unfortunately, bicyclists and pedestrians face the greatest risk because they don’t have the protection that drivers do. When an accident occurs, determining who is at fault becomes crucial—it decides who pays for medical bills, lost wages, and other damages.
Understanding how fault works in these accidents can help protect your rights and ensure you get fair compensation.
How New Jersey Determines Fault
New Jersey follows a “comparative negligence” rule. This means fault in an accident isn’t always placed entirely on one person. Instead, the law examines how much each party contributed to causing the accident.
Here’s how it works:
- If you are less than 51% at fault, you can still recover compensation, but your award will be reduced by your percentage of fault
- If you are 51% or more at fault, you cannot recover any damages
This system is especially important in bicycle and pedestrian cases because drivers, bicyclists, and pedestrians can all contribute to causing an accident.
What Causes Most Bicycle Accidents?
Bicyclists must follow the same traffic laws as cars, but drivers don’t always watch out for them. The most common causes of bicycle accidents include:
Driver-Related Causes
- Failing to yield when a bicyclist has the right of way
- Opening car doors into bike lanes (called “dooring” accidents)
- Speeding or distracted driving
- Making unsafe lane changes that cut off cyclists
- Turning without checking for bicyclists
Cyclist-Related Causes
- Ignoring traffic signals or stop signs
- Riding against traffic
- Failing to use proper lights or reflectors at night
- Riding in areas where bicycles are prohibited
While drivers are often at fault, cyclists who break traffic rules may share responsibility for their accidents.
Common Causes of Pedestrian Accidents
Pedestrians have the right to feel safe when walking, especially in crosswalks and on sidewalks. However, accidents still happen for various reasons:
Driver-Related Causes
- Failing to stop at crosswalks or intersections
- Speeding in residential areas or school zones
- Distracted or impaired driving
- Making turns without checking for pedestrians
Pedestrian-Related Causes
- Crossing outside designated crosswalks
- Ignoring traffic signals
- Suddenly stepping into the road
- Walking while distracted by phones or other devices
Even when drivers are primarily at fault, pedestrians who don’t follow safety rules may be assigned partial responsibility.
How Shared Fault Affects Your Compensation
Because New Jersey uses comparative negligence, both parties in an accident often share some blame. Here’s how this might work:
If you’re awarded damages but found partially at fault, your compensation gets reduced by your percentage of fault. For instance, if you’re awarded $100,000 in damages but found 20% at fault, you would receive $80,000.
This system means that even if you made a mistake, you can still recover compensation as long as you’re not more than 50% responsible for the accident.
Proving Fault After an Accident
Determining fault often requires a thorough investigation. Important evidence includes:
- Police reports from the accident scene
- Traffic camera or surveillance footage
- Witness statements
- Photos of the accident scene, vehicles, and injuries
- Medical records documenting your injuries
- Expert accident reconstruction analysis
The stronger your evidence, the better your chances of proving the other party’s fault and recovering fair compensation.
Essential Steps After a Bicycle or Pedestrian Accident
If you’re involved in an accident in Jersey City, take these important steps:
Immediate Actions
- Call 911 and get medical help, even if you don’t think you’re seriously hurt
- Report the accident to police so there’s an official record
- Stay at the scene until police arrive
Gather Evidence
- Take photos of the accident scene, vehicles, and your injuries
- Get contact information from witnesses
- Note weather and road conditions
- Don’t move anything unless it’s creating a safety hazard
Protect Your Rights
- Don’t admit fault or apologize for the accident
- Be careful what you say to insurance companies
- Don’t give recorded statements without legal advice
- Keep all medical records and receipts related to your injuries
Why You Need Legal Help
Insurance companies often try to shift blame onto bicyclists or pedestrians to avoid paying full claims. They may argue that you were partially or entirely at fault, even when that’s not true. Having experienced legal representation can make a significant difference in your case.
The Law Offices of Anthony Carbone has been helping injured clients in Jersey City and throughout New Jersey for 35 years. We understand the challenges bicyclists and pedestrians face after accidents, and we know how to hold negligent drivers accountable for their actions.
Protecting Your Future
Bicycle and pedestrian accidents are often complex because fault isn’t always clear-cut. New Jersey’s comparative negligence law means that each party’s role must be carefully examined and proven with solid evidence.
Whether you’re a bicyclist, pedestrian, or driver, understanding how fault works can help protect your rights and ensure you receive the compensation you deserve for your injuries and losses.
If you or a loved one has been injured in a bicycle or pedestrian accident in Jersey City or Hudson County, don’t wait to seek legal help. Contact The Law Offices of Anthony Carbone today for a free consultation to discuss your case and learn about your options.
