Who’s Liable When a Driver Doesn’t Yield to a Cyclist?

While cyclists have the same road rights as motor vehicles in New Jersey, drivers often ignore these protections at intersections, turns, and driveways, resulting in devastating consequences. When a failure to yield results in a collision, it’s crucial to understand who can be held liable for your losses. Please continue reading to learn how liability works in these cases and how our experienced Monmouth County Bicycle Accident Attorneys can help you seek the justice you deserve. 

Do Cyclists Have the Same Rights as Drivers Under New Jersey Law?

Under N.J.S.A. 39:4-14.1, cyclists are afforded the same right to the road as motorists and are subject to the same regulatory requirements. As a result, the standard right-of-way regulations that apply between motor vehicles are equally applicable to encounters with bicycles. Essentially, being on the road with a cyclist doesn’t diminish a driver’s legal obligation to exercise caution and diligence. 

How Does New Jersey Law Define “Failure to Yield”?

New Jersey law requires drivers approaching an intersection to yield to any vehicle or bicycle that is already inside the intersection. If two vehicles reach an intersection at the same time, the driver on the left must let the vehicle on the right go first. Yielding accidents often happen when a driver turns left in front of an oncoming cyclist or pulls from a driveway or stop sign without checking for traffic. It should be noted that drivers are much harder to spot than vehicles, which is the primary reason why these types of accidents happen so often at intersections.

Does a Traffic Ticket Prove the Driver is Liable?

Following a bicycle accident in New Jersey, it’s crucial to distinguish between a traffic violation and a legal determination of fault in a personal injury case: 

• Receiving a ticket for failing to yield doesn’t automatically establish civil liability for any resulting damages. 
• Municipal penalties, such as fines and license points, are handled within the traffic court system and are separate from civil negligence litigation. 
• While not a final judgment of fault, a citation or a driver’s admission of a violation can be used as compelling evidence of negligence when building a case. 

What Do You Have to Prove?

For a successful bicycle accident claim, you must demonstrate that the driver owed a duty of care, breached that duty (such as by failing to yield), and that the breach directly caused your injuries and resulting damages. A traffic violation can support this. The driver and their insurance company will likely try to shift blame, arguing that you weren’t riding as far right as practicable, were riding outside the bike lane, or otherwise didn’t have the right of way.

Keep in mind that New Jersey follows a modified comparative negligence rule, meaning if you’re found partially at fault, your compensation will be reduced by your percentage of fault, and if you’re found more than 50% at fault, you face the absolute bar of recovery. 

At The Wilton Law Firm, we are prepared to help you fight for the compensation you’re entitled to. Contact our office today to schedule a consultation.