Pennsauken Office
5709 Westfield Ave
Pennsauken Township, NJ 08110
(856) 665-5709

Philadelphia Office
1515 Market St, Suite 1200-B
Philadelphia, PA 19102
(215) 271-5709

Bicycle and Pedestrian Accidents in New Jersey and Pennsylvania: Your Rights in 2026

bicycle and pedestrian accidents in NJ PA 2026

 

Quick Answer: What You Need to Know

If you or a loved one were struck by a vehicle while walking or riding a bike in New Jersey or Pennsylvania, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. Each state has distinct laws around fault, insurance coverage, and filing deadlines. Working with an experienced bike accident lawyer serving NJ or a pedestrian-hit-by-car attorney serving PA can protect your rights before key evidence disappears. Call the Law Offices of Vincent J. Ciecka at (856) 665-5709 for a free consultation — we charge nothing unless we win.

 

A pedestrian gets struck at an intersection. A cyclist is sideswiped by a distracted driver. A commuter on an e-bike collides with a delivery vehicle that ran a red light. These scenarios play out thousands of times each year across New Jersey and Pennsylvania — and each one can leave victims overwhelmed, injured, and unsure of where to turn.

E-bike and electric scooter injuries are rising sharply in both states, creating new legal questions about liability, classification, and insurance coverage. Whether you were on a traditional bicycle, an e-bike, a scooter, or simply on foot, this guide explains your rights, the steps to take immediately after an accident, and how an experienced attorney can help you recover the maximum compensation you deserve.

 

Why Bicycle and Pedestrian Accidents Are More Dangerous in 2026

New Jersey and Pennsylvania have seen a consistent rise in serious pedestrian and cyclist injuries over the past several years. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian fatalities in the U.S. reached their highest levels in four decades in recent years, and urban corridors like Philadelphia, Camden, and South Jersey continue to see troubling numbers.

The surge in e-bikes, electric scooters, and ride-share vehicles has added new complexity. Many riders and drivers are unclear on the rules of the road, and existing infrastructure was not designed with high-speed micro-mobility in mind. The result: more collisions, more serious injuries, and more disputes over who is legally responsible.

Key 2026 Statistics (National)

•       Pedestrians account for roughly 17% of all U.S. traffic fatalities annually (NHTSA)

•       Cyclists suffer over 1,000 fatal injuries per year nationwide

•       E-bike-related emergency department visits have more than tripled in the past five years

•       Distracted driving remains the number one contributing factor in pedestrian and cyclist crashes

 

Who Is Most Vulnerable on New Jersey and Pennsylvania Roads

Pedestrians and cyclists face a fundamental imbalance: cars outweigh a person on foot or a bicycle by thousands of pounds. There is no crumple zone or airbag for someone walking to work or riding to school. Even low-speed collisions can result in:

 

E-bike and scooter riders face the same physical vulnerability as traditional cyclists — but are often traveling at higher speeds and in conditions that increase crash severity. If your family needs a bike accident lawyer in NJ, or an attorney for a pedestrian hit by car in PA, the Law Offices of Vincent J. Ciecka can help you pursue the full compensation you deserve.

 

What to Do Immediately After a Bicycle or Pedestrian Accident

The actions you take in the minutes and hours after an accident can significantly affect the outcome of your legal claim. Follow these steps as closely as your physical condition allows:

  • Call 911. A police report creates an official record. Request that officers speak with all witnesses and document the scene thoroughly. If your injuries prevent you from doing this at the scene, go to the police station that same day to give your account.
  • Gather evidence. Photograph the vehicle that hit you, road conditions, skid marks, traffic signals, your injuries, and any damage to your bicycle. Note the location of any nearby surveillance cameras — your attorney can request that footage before it is deleted.
  • Collect witness information. Get the full name, phone number, and address of every person who saw what happened. Witness accounts are critical when the at-fault driver disputes responsibility.
  • Get the driver’s details. Obtain the driver’s name, insurance policy number, insurance company, license plate, and driver’s license number. Do not discuss fault beyond what is needed to get immediate medical care.
  • Seek medical attention immediately. Internal injuries, concussions, and soft tissue damage can appear hours or days after impact. A same-day physician’s record protects both your health and your legal claim.
  • Decline recorded statements to insurers. The other driver’s insurer will contact you quickly. Politely decline until you have spoken with an attorney. Anything you say will be used to minimize or deny your claim.
  • Call our office right away. The Law Offices of Vincent J. Ciecka offers free consultations with no obligation. Whether you need a bicycle accident attorney in NJ or representation in Pennsylvania, the sooner you call, the sooner we can preserve evidence and protect your rights.

 

Who Pays for Medical Bills After a Bike or Pedestrian Accident?

One of the most common questions our clients ask is: who covers my medical expenses while my case is pending? The answer depends on the specific facts of your situation, but here are the primary sources of coverage available to injured cyclists and pedestrians in New Jersey and Pennsylvania:

Your Own Auto Insurance (PIP Coverage)

In New Jersey, if you own a car, your Personal Injury Protection (PIP) policy typically covers your medical bills and a portion of lost wages — even if you were not in a vehicle at the time of the accident. This applies to pedestrian and bicycle accidents as well as e-bike incidents. You must report the accident to your insurer promptly, even if it was a hit-and-run.

The At-Fault Driver’s Liability Insurance

If another driver caused the accident through negligence — speeding, running a red light, texting while driving, or failing to yield — that driver’s liability insurance is responsible for compensating you. Our attorneys handle all negotiations with the at-fault driver’s insurer so you do not have to.

Private Health Insurance, Medicare, or Medicaid

Your health insurance can cover initial medical treatment, though liens may apply when your case settles. Our team works with your providers to ensure liens are resolved properly, so you keep the maximum amount of your recovery.

Uninsured and Underinsured Motorist Coverage

If the driver who hit you had no insurance or insufficient coverage, your own UM/UIM policy may apply. Hit-and-run accidents are also typically covered under this provision.

Important: NJ vs. PA Insurance Rules Differ

New Jersey operates under a no-fault insurance system, meaning your own PIP coverage pays first for medical bills regardless of who caused the accident. Pennsylvania allows drivers to choose between no-fault and fault-based coverage, which changes how claims are handled. These rules are especially complex for e-bike riders, who are not always classified the same as traditional cyclists under each state’s statutes. Our attorneys understand both systems and can identify every available source of compensation for your specific situation.

 

E-Bikes, Electric Scooters, and the Law: What Has Changed

Electric bikes and scooters have transformed commuting in South Jersey and the Philadelphia region — but the law has not always kept pace with them. Our e-bike accident lawyers in NJ handle the full range of these emerging cases. Here is what riders and injury victims need to know in 2026:

How New Jersey Classifies E-Bikes

New Jersey law defines e-bikes in three classes based on speed and motor assistance. Class 1 and Class 2 e-bikes (pedal-assist and throttle-assist up to 20 mph) are generally treated similarly to traditional bicycles. Class 3 e-bikes (up to 28 mph) may be subject to additional restrictions. Riders do not need a license or registration for most e-bikes, but the classification affects where you can legally ride and how liability is assessed after a crash.

How Pennsylvania Classifies E-Bikes

Pennsylvania enacted e-bike legislation using a three-class system that largely mirrors federal definitions. Class 1 and Class 2 e-bikes are permitted on most bike paths and roads. Class 3 e-bikes face limitations on certain trails. Understanding your e-bike’s classification matters because it affects both your rights on the road and the legal arguments available in a personal injury claim.

Who Is Liable When an E-Bike Rider Is Injured?

Liability in e-bike accidents can involve multiple parties: the driver who struck the rider, the municipality responsible for maintaining dangerous road conditions, a manufacturer if the e-bike malfunctioned, or a third-party delivery company if the rider was working at the time. Our attorneys investigate every angle to identify all responsible parties and pursue the full compensation you deserve.

 

What Compensation Can You Recover?

Victims of bicycle and pedestrian accidents in New Jersey and Pennsylvania are entitled to pursue compensation for all losses caused by the accident. Depending on the severity of your injuries and the facts of your case, recoverable damages may include:

  • Medical expenses: Past, present, and future costs including emergency care, surgery, hospitalization, physical therapy, and prescription medications.
  • Lost wages: Income you were unable to earn during your recovery, plus reduced future earning capacity if your injuries are permanent.
  • Pain and suffering: Compensation for physical pain, emotional distress, anxiety, and diminished quality of life caused by the accident.
  • Property damage: Repair or replacement of your bicycle, e-bike, scooter, helmet, or other personal property damaged in the crash.
  • Wrongful death: If a loved one was killed in a pedestrian or bicycle accident, surviving family members may pursue compensation for funeral expenses, loss of financial support, and loss of companionship. Our wrongful death attorneys in NJ can guide your family through every step of the process.

 

Comparative Fault: What Happens If You Were Partly Responsible?

New Jersey follows a modified comparative negligence rule. If you were partially at fault — for example, crossing outside a crosswalk or riding against traffic — your compensation is reduced by your percentage of fault. You can still recover as long as you are not more than 50% at fault. At 51% or more, New Jersey law bars any recovery.

Pennsylvania uses a similar modified comparative negligence system with a 51% threshold. Even if you share some responsibility for the accident, you may still be entitled to significant compensation.

Insurance companies routinely try to inflate the injured party’s share of fault to reduce their payout. Our attorneys have decades of experience handling bicycle accident claims across NJ and pedestrian injury cases throughout PA, and we know how to counter these tactics with evidence, witness accounts, and expert testimony.

 

How Long Do You Have to File a Claim?

Statute of Limitations — Act Quickly

•       New Jersey: 2 years from the date of the accident to file a personal injury lawsuit

•       Pennsylvania: 2 years from the date of the accident to file a personal injury lawsuit

•       Wrongful death claims: 2 years from the date of death in both states

•       Claims against government entities (e.g., a city or county for a dangerous road condition): Notice of claim may be required within 90 days in NJ

Missing these deadlines almost always bars your right to recover, regardless of how strong your case is. Do not wait.

 

Why Choose the Law Offices of Vincent J. Ciecka?

For more than forty years, the Law Offices of Vincent J. Ciecka has fought for injured pedestrians, cyclists, and e-bike riders across New Jersey and Pennsylvania. Our attorneys understand the medical, legal, and insurance complexities of these cases — and we know how to build the strongest possible claim on your behalf.

  • No fees unless we win. You pay nothing upfront and owe nothing unless we recover compensation for you.
  • Proven results. We have recovered significant verdicts and settlements for victims throughout South Jersey, Camden County, Burlington County, and the Philadelphia region. Review our bicycle and pedestrian accident case results to see what we have achieved for clients in situations like yours.
  • Hands-on client service. We handle your case personally, help you schedule medical appointments, communicate directly with insurance companies, and keep you informed at every step.
  • Licensed in both NJ and PA. Our attorneys are admitted in both states, giving us the ability to handle accidents that occur on either side of the Delaware River.
  • Free consultation. Call us at (856) 665-5709 or (215) 271-5709 to speak with an attorney at no charge.

 

Client Spotlight

“I was rear-ended by a driver who was under the influence. A friend referred me to the Law Offices of Vincent J. Ciecka for legal action. My experience with the entire staff was amazing. They helped me with appointment scheduling, finding doctors, and legal advice throughout the entire case. I highly recommend the Law Office of Vincent J. Ciecka to acquaintances, friends, and family for personal injury claims.” — Steven P.

 

Frequently Asked Questions About Bicycle and Pedestrian Accident Claims

What should I do if I was hit by a car while riding my e-bike in NJ?

Call 911, seek medical attention immediately, photograph the scene, and collect the driver’s insurance and contact information. Do not give a recorded statement to any insurance adjuster before speaking with an attorney. E-bike cases involve specific legal questions about classification and coverage that a skilled e-bike accident lawyer in NJ can navigate on your behalf.

Does NJ no-fault insurance cover me if I was hit as a pedestrian?

Yes. In New Jersey, if you own a vehicle, your Personal Injury Protection (PIP) coverage applies even when you are struck as a pedestrian or cyclist — you do not have to be inside a car. If you do not own a vehicle, you may be covered under a family member’s policy or through the New Jersey Property-Liability Insurance Guaranty Association.

How much is a bicycle accident claim worth in New Jersey?

The value of a claim handled by a bicycle accident attorney in NJ depends on the severity of your injuries, your medical expenses, your lost income, the degree of the other party’s fault, and whether the injuries are permanent. Our attorneys can evaluate your specific case and give you a realistic assessment during a free consultation.

Can I still recover compensation if I was partly at fault for the pedestrian accident?

Yes — in both New Jersey and Pennsylvania, you can still recover as long as you are found to be 50% or less responsible. Your compensation is reduced by your percentage of fault, but you are not barred from recovering entirely unless your fault exceeds that threshold.

Who handles bicycle and pedestrian accident cases in the Philadelphia area?

The Law Offices of Vincent J. Ciecka represents clients throughout South Jersey and the greater Philadelphia region, including Camden, Burlington, and Atlantic Counties in NJ, and Philadelphia, Chester, Delaware, Montgomery, and Bucks Counties in PA. As experienced bicycle accident lawyers serving Philadelphia and South Jersey, our attorneys are licensed in both states and have over 40 years of personal injury experience.

I was a pedestrian hit by a car in PA and I do not own a vehicle. Can I still get compensation?

Yes. Even without a vehicle of your own, you may recover through the at-fault driver’s liability insurance, a family member’s PIP policy, or other available coverage. As attorneys who regularly handle pedestrian-hit-by-car cases in PA, we know exactly where to look for every source of compensation available to you. Contact us for a free consultation.

How long does a bicycle or pedestrian accident case typically take to resolve?

Many cases are resolved through settlement negotiations without going to trial, often within 12 to 24 months. More complex cases involving severe injuries, disputed liability, or multiple defendants may take longer. Our team works efficiently to reach the best possible outcome for you in the shortest reasonable time.

Contact Us

This field is for validation purposes and should be left unchanged.