If you were struck by a vehicle while cycling in Pennsylvania or New Jersey, understanding what caused your accident is critical to proving the driver’s negligence and recovering compensation. Many crashes stem from drivers violating cyclist-protection laws; identifying the specific violated law is key to your case, and speaking with a New Jersey bike accident lawyer can help you determine which traffic laws apply and how they strengthen your claim.
Grungo Law represents Pennsylvania and New Jersey cyclists injured by negligent drivers. Our firm has recovered over $135 million in settlements and verdicts. If we can help, we will.
Key Takeaways for Common Causes of Bicycle Accidents
- Dooring accidents occur when drivers or passengers open car doors into cyclists’ paths, violating Pennsylvania’s dooring law and, in New Jersey, general negligence/careless driving duties.
- Right hook accidents happen when vehicles pass cyclists then immediately turn right, violating failure-to-yield laws in both states.
- Pennsylvania requires 4 feet of clearance under 75 Pa.C.S. § 3303 when passing cyclists, while New Jersey’s Safe Passing Law (N.J.S.A. 39:4-92.4) requires a lane change to pass when possible; if not, drivers must slow to a reasonable speed and leave at least four feet when passing vulnerable road users, including cyclists.
- Proving negligence requires police reports, photographs of vehicle and bicycle damage, witness testimony, and potentially accident reconstruction experts.
- Insurance companies commonly claim cyclists “came out of nowhere” or were “going too fast”—evidence and traffic law knowledge counter these defenses.
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Dooring Accidents: When Car Doors Strike Cyclists
Dooring accidents occur when a driver or passenger opens a car door into a cyclist’s path. These accidents are common in urban areas with street parking, like Philadelphia, Pittsburgh, Jersey City, and Newark. Cyclists may have only seconds to react, leading to shoulder fractures, wrist injuries, facial trauma, or road rash, and bicycle accident prevention often starts with drivers checking mirrors, passengers using the Dutch Reach, and cyclists maintaining safe distance from parked cars whenever possible.
Pennsylvania and New Jersey Dooring Laws
Pennsylvania law under 75 Pa.C.S. § 3705 prohibits opening vehicle doors unless it is safe to do so without interfering with traffic. Drivers and passengers must check for approaching cyclists before opening doors. In Pennsylvania, opening vehicle doors unsafely is a summary offense punishable by fines. New Jersey enforces dooring incidents under general careless driving laws (N.J.S.A. 39:4-97).
New Jersey has no statewide dooring statute; liability typically rests on careless driving (N.J.S.A. 39:4-97) and common-law negligence. In both states, the duty is simple: look before opening doors.
Proving Negligence in Dooring Cases
The driver or passenger owed a statutory duty to check for approaching traffic before opening the door. The breach occurred when they failed to look and opened the door directly in the cyclist’s path. Opening the door into the cyclist’s path caused the crash.
Evidence required includes a police report documenting the dooring incident, photographs showing the cyclist’s bike damage is consistent with a door strike, the vehicle’s door with dents or paint transfer, and the cyclist’s injuries. Witness testimony from pedestrians or other cyclists who saw the door open provides crucial corroboration.
Critical evidence for dooring cases:
- Police report documenting the door opening into the cyclist’s path
- Photos of bike damage (front wheel, handlebars, frame)
- Photos of vehicle door damage (dents, scratches, paint transfer)
- Photos of the cyclist’s injuries (shoulder, wrist, hip injuries)
- Witness statements from pedestrians or other cyclists
- Traffic citations issued for the dooring violation
Common Dooring Defenses and Responses
Insurance companies might claim the cyclist was going too fast. However, the cyclist’s speed is irrelevant if the driver violated the duty to check for traffic. Even slow-moving cyclists cannot avoid doors opened immediately in front of them.
Insurers may argue the cyclist should have seen the door opening. This defense fails because drivers have the duty to ensure safety before opening doors. The door opens in one to two seconds, which is insufficient reaction time at any reasonable cycling speed, and personal injury claims often turn on demonstrating how little time the cyclist had to react and how the driver’s failure to check for oncoming traffic directly created the danger.
Some might claim the cyclist wasn’t in the bike lane. Pennsylvania and New Jersey law allow cycling near parked cars, and the duty to check applies regardless of the cyclist’s exact position.
Right Hook Accidents: Vehicles Turning Right Into Cyclists
Right hook accidents occur when a vehicle passes a cyclist and then immediately turns right, cutting across the cyclist’s path. The cyclist continues straight with the right of way while the vehicle turns into the cyclist’s path. These crashes are common at intersections, driveways, and parking lot entrances and can cause severe injuries.
Right-of-Way Laws in Pennsylvania and New Jersey
Pennsylvania law under 75 Pa.C.S. § 3331 requires drivers to yield to traffic, including cyclists, when turning. Drivers have an affirmative duty to look for and yield to cyclists with the right of way. Section 3334 requires proper signaling before turning.
New Jersey law under N.J.S.A. 39:4-123 establishes turning requirements at intersections, mandating drivers yield to traffic when turning. The legal standard is clear: drivers must yield to cyclists traveling straight when turning right across the cyclist’s path. Cyclists have equal rights to the roadway and the same right-of-way protections as motorists under state law.
Proving Right Hook Negligence
The driver owed a duty to yield to traffic when turning right. The breach occurred when the driver passed the cyclist then immediately turned right without ensuring it was safe. The right turn directly across the cyclist’s path caused the collision.
Required evidence includes a police report documenting the right turn collision, photographs showing the vehicle’s right-side damage and bike damage to the left side, and witness testimony seeing the vehicle pass the cyclist then immediately turn right. The cyclist’s testimony that they were traveling straight when the vehicle passed and then turned right across their path helps establish right of way. Traffic signal evidence confirming the cyclist’s right of way and skid marks showing attempts to avoid collision strengthen the case.
Right Hook Defense Tactics
Drivers sometimes claim they didn’t see the cyclist, but having just passed the cyclist seconds earlier shows they knew the cyclist was there.
Insurance companies might argue the cyclist was in the driver’s blind spot. However, the driver created the situation by passing and then immediately turning. If the cyclist was in a blind spot, the driver should not have turned, and a personal injury attorney can use that sequence of events to show the driver failed to meet basic safety duties before executing the turn.
Some claim the cyclist should have anticipated the turn. This argument fails because cyclists traveling straight have the right of way, and drivers must yield to through traffic before turning.
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Left Cross Accidents: Oncoming Vehicles Turning Left
A left-cross occurs when an oncoming vehicle turns left across a cyclist’s path instead of yielding to the cyclist traveling straight. These collisions result in head-on or T-bone impacts that may cause severe injuries.
Left Turn Yield Requirements
Pennsylvania law under 75 Pa.C.S. § 3322 requires vehicles turning left to yield to oncoming traffic. New Jersey law under N.J.S.A. 39:4-123 similarly requires left-turning vehicles to yield to oncoming vehicles. Cyclists, as vehicle operators, have the right of way when traveling straight.
Proving Left Cross Negligence
The driver turning left owed a statutory duty to yield to oncoming traffic. The breach occurred when the driver failed to yield and turned left directly into the cyclist’s path. The left turn caused a head-on or T-bone collision.
Evidence includes a police report documenting the left-turn collision, photographs showing front-end damage to the vehicle and front or side damage to the bike, and witness testimony confirming the oncoming vehicle turned left and failed to yield. The cyclist’s testimony that they traveled straight with the right of way when the oncoming vehicle suddenly turned left establishes the sequence. Traffic signal status showing the cyclist had a green light confirms right of way.
Left Cross Defenses
Drivers may claim the cyclist was far enough away to allow a turn. This defense fails because misjudging a cyclist’s speed doesn’t excuse the duty to yield.
Insurance companies may argue the driver didn’t see the cyclist. The duty to look for oncoming traffic before turning left includes looking for cyclists. Failure to see a cyclist constitutes negligence.
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Rear-End Collisions: Vehicles Striking Cyclists From Behind
Rear-end collisions occur when a vehicle hits a cyclist from behind. They often occur on roads without bike lanes when drivers fail to see cyclists, drive while distracted, or speed. Rear-end impacts frequently cause catastrophic injuries as cyclists are run over or thrown significant distances.
Rear-End Collision Traffic Laws
Pennsylvania law under 75 Pa.C.S. § 3310 prohibits following too closely. 5 Pa.C.S. § 3303 governs overtaking and passing on the left.
N.J.S.A. 39:4-89 addresses following too closely. N.J.S.A. 39:4-85 governs overtaking and passing. Drivers must respect cyclists as legitimate roadway users and maintain safe following distances. Drivers must maintain proper lookout, drive at safe speeds, and overtake cyclists safely.
Proving Rear-End Negligence
The driver owed duties to maintain a proper lookout and drive at a safe speed. The breach occurred when the driver failed to see the cyclist in the roadway and struck them from behind. The rear-end impact caused the cyclist to fall, be run over, or be dragged.
Evidence includes a police report documenting the rear-end collision, photographs showing the vehicle’s front-end damage and the bike’s rear damage, and witness testimony that the vehicle struck the cyclist from behind. Skid marks from the vehicle showing late braking or absence of braking prove inattention, and the emotional impact of personal injuries often becomes part of the case when a crash this sudden leaves lasting psychological stress on top of the physical harm.
Rear-End Collision Defenses
Drivers may claim that the cyclist “came out of nowhere,” but the issue is actually a failure to maintain a proper lookout.
Insurance companies may argue the cyclist wasn’t visible, particularly at night. However, drivers must travel at a speed that allows them to stop within the distance they can see. If drivers couldn’t see the cyclist, they should have driven slower.
Some might claim the cyclist swerved into traffic. Physical evidence including straight skid marks and impact angles typically disproves sudden swerving.
Failure to Yield at Intersections
Failure to yield at intersections occurs when drivers run stop signs, run red lights, or enter roadways without yielding to cyclists with the right of way. These violations cause side-impact or head-on collisions at intersections, one of the most dangerous locations for cyclists.
Intersection Right-of-Way Laws
75 Pa.C.S. § 3323 governs stop and yield signs. Section 3112 addresses red traffic signals.
New Jersey law under N.J.S.A. 39:4-144 governs stop signs. N.J.S.A. 39:4-81 addresses red signals. Drivers must obey traffic control devices and yield right of way to traffic, including cyclists, at intersections. Cyclists have equal rights to the roadway and the same right-of-way protections as motorists under state law.
Proving Failure to Yield
The driver owed a duty to obey traffic control devices and yield the right of way. The breach occurred when the driver ran a stop sign, ran a red light, or entered the roadway without yielding.
Evidence includes a police report documenting the failure to yield, photographs showing the intersection with traffic control devices visible, and witness testimony seeing the driver run a stop sign or red light. Traffic citations issued to the driver for failure to yield provide strong evidence.
Unsafe Passing: Too Close or Too Fast
Unsafe passing occurs when drivers leave too little clearance, sideswipe cyclists, or create an air blast that knocks cyclists off balance.
Safe Passing Laws: Pennsylvania vs. New Jersey
Pennsylvania law under 75 Pa.C.S. § 3303 requires vehicles overtaking bicycles to allow at least 4 feet of clearance. Failure to yield the required 4 feet clearance to bicyclists may result in traffic citations and is an important consideration in negligence claims. This specific requirement provides a measurable standard.
New Jersey’s Safe Passing Law, N.J.S.A. 39:4-92.4, requires a lane change to pass when practicable; if not possible, the driver must slow and leave a minimum of four feet when passing a bicyclist. The law requires slowing to a safe speed when lane changes are impractical to protect vulnerable road users.
Proving Unsafe Passing Negligence
Drivers must allow a safe passing distance—4 feet in both Pennsylvania and New Jersey. A breach occurs when a driver passes with insufficient clearance or at unsafe speed, or fails to change lanes when practicable.
Evidence includes a police report documenting unsafe passing, photographs showing the vehicle’s right-side damage and the bike’s left-side damage, and witness testimony seeing the vehicle pass with insufficient clearance. Roadway width measurements demonstrating that safe passing or a lane change was possible prove the driver could have passed safely, and how these facts are presented may affect your personal injury case when insurers try to dispute fault or minimize the severity of the violation.
Unsafe Passing Defenses
Drivers may claim there was 4 feet of clearance. Physical evidence of contact, including paint transfer, proves less than 4 feet existed.
Insurers might argue the pass was safe. Contact between the vehicle and cyclist or the cyclist falling proves the pass was unsafe.
FAQ for Common Causes of Bicycle Accidents
What are the deadlines to file an injury claim after a bike crash?
Pennsylvania generally allows 2 years for personal injury claims under 42 Pa.C.S. § 5524; New Jersey generally allows 2 years under N.J.S.A. 2A:14-2. Government claims have shorter notice deadlines.
Are lights and reflectors required for cyclists at night?
Yes. Pennsylvania requires a front white lamp and rear red reflector (or lamp), plus side reflectors. In Pennsylvania, helmet use is mandatory for riders under 12 and is inadmissible as negligence evidence. New Jersey requires a front white light, rear red light, and bell/reflectors.
How do comparative negligence rules affect a cyclist’s recovery?
Pennsylvania and New Jersey both use modified comparative negligence (no recovery if you are more than 50% at fault). A plaintiff’s damages are reduced in proportion to their fault, but recovery is barred if fault reaches 51% or more.
Get Help With Your Pennsylvania or New Jersey Bicycle Accident Case
Bicycle accidents caused by negligent drivers violating traffic laws result in serious injuries requiring extensive medical treatment and significant financial losses. Proving driver negligence requires immediate evidence preservation, understanding of Pennsylvania and New Jersey bicycle laws, accident reconstruction, and expert testimony.
Grungo Law represents Pennsylvania and New Jersey cyclists injured by negligent drivers. We investigate thoroughly, gather critical evidence, work with accident reconstruction experts, counter insurance company defenses, and fight for full compensation.
Call (856) 548-8347 for a free case evaluation. We handle all bicycle accident cases on contingency, advancing all costs and charging no fees unless we recover compensation for you.
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