Bicycles and electric scooters are becoming a common way to get around New Jersey. They are convenient, affordable, and can be a great alternative to driving. But when an accident happens, bicyclists and scooter riders have very little protection.
If you or a loved one has been injured in a bicycle or e-scooter accident, knowing the rules—and knowing your rights—can make a difference.
Bicycle Safety in New Jersey
Bicyclists are required to follow many of the same traffic rules as drivers. This includes obeying traffic signals and riding in the same direction as traffic.
Being visible is especially important. When riding at night, New Jersey requires bicycles to have a white light in the front and a red light in the rear. Bicycles must also have working brakes and an audible warning device, such as a bell.
New Jersey requires riders under 17 to wear a properly fitted bicycle helmet. Even when not required by law, wearing a helmet is a smart safety measure for riders of all ages.
New Jersey’s Safe Passing Law
New Jersey’s Safe Passing Law was designed to protect bicyclists, e-scooter riders, and other people sharing the road.
Drivers must use caution when passing a bicyclist or scooter rider. When possible, a driver must move into another lane. If that is not possible, the driver generally must leave at least four feet of space when passing. When neither option is possible, the driver must slow down to 25 miles per hour or less and be prepared to stop.
If a driver does not give a bicyclist or scooter rider enough space and an accident occurs, that driver’s conduct may be an important part of a personal-injury claim.
E-Scooter Safety in New Jersey
Electric scooters are easy to use, but they can also be dangerous. Their small wheels can make potholes, cracks, uneven pavement, and debris particularly hazardous.
Before riding, check the scooter’s brakes, tires, handlebars, and lights. Keep both hands on the handlebars, put your phone away, and never operate a scooter while under the influence of alcohol or drugs.
It is also important to understand that not every electric scooter is treated the same way under New Jersey law.
What About Faster Scooters?
New Jersey has specific rules for low-speed electric scooters. Generally, a low-speed electric scooter is one capable of reaching a maximum speed of less than 19 miles per hour.
A scooter that falls outside this category may be subject to different requirements. Depending on the type of scooter and its capabilities, the rider may be required to have a driver’s license, registration, and insurance.
This can become important after an accident. The specific scooter involved should be identified and its capabilities determined before deciding what laws and insurance requirements apply.
Does an E-Scooter Need Insurance?
The answer depends on the type of scooter.
New Jersey does not currently require every low-speed electric scooter to carry its own insurance. However, legislation has been introduced that would require registration and insurance for low-speed electric scooters.
Because the laws surrounding e-scooters continue to change, it is important to look at the specific circumstances of the accident and determine what insurance coverage may be available.
There may be insurance available through the driver who caused the accident, your own automobile insurance, a household policy, a rental scooter company, or another applicable source.
What If I Was Riding a Rental Scooter?
If you were injured while using a rental scooter, there may be additional issues to consider.
For example, was the scooter properly maintained? Were the brakes working? Was there a damaged tire or another mechanical problem?
Rental companies may also have records showing when a scooter was inspected, repaired, or used. These records can be important when investigating an accident.
If you are involved in a rental scooter accident, preserve the scooter if possible and take photographs of the scooter and the accident scene.
What Should You Do After a Bicycle or E-Scooter Accident?
If you are injured in a bicycle or e-scooter accident, there are several important things you can do to protect yourself:
Get medical attention. Your health should always come first. Even if you initially feel okay, some injuries may not become apparent right away.
Report the accident. Contact the police when appropriate and make sure the accident is documented.
Take photographs. If you are able, photograph the accident scene, vehicles, bicycle or scooter, roadway, signs, and your injuries.
Get witness information. Ask anyone who witnessed the accident for their name and contact information.
Preserve the bicycle or scooter. Do not throw it away or repair it if there may have been a mechanical problem.
Keep your records. Save medical records, bills, photographs, insurance information, and other documents related to the accident.
Be careful when speaking with insurance companies. You should not assume that an insurance company’s first offer reflects the full value of your claim.
Understanding Your Insurance Coverage
After an accident, one of the most important questions is: Is there insurance coverage available?
The answer is not always obvious.
Depending on the circumstances, coverage may be available through the driver’s automobile insurance, your own automobile insurance, a household policy, a rental company, or another applicable insurance policy.
An attorney can investigate the accident and review the available insurance coverage to determine what options may be available to you.
Injured in a New Jersey Bicycle or E-Scooter Accident?
A bicycle or e-scooter accident can be overwhelming. You may be dealing with medical treatment, missed work, insurance companies, and uncertainty about what to do next.
You do not have to figure it all out on your own.
If you or a family member has been injured in a bicycle, e-bike, or e-scooter accident in New Jersey, an experienced personal-injury attorney can investigate what happened, determine what insurance coverage may be available, and explain your legal options.
If you have been injured in a bicycle or e-scooter accident, contact our office to discuss your case.
