Bicycle Accident Complaint

BICYCLE ACCIDENT COMPLAINT — NEW JERSEY

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. General Factual Allegations
4. Count I — Negligence (Against Defendant Driver)
5. Count II — Negligence Per Se / Statutory Violation (Against Defendant Driver)
6. Count III — Negligent Entrustment / Vicarious Liability (Against Defendant Owner)
7. Count IV — Punitive Damages (Against Defendant Driver)
8. Damages
9. Comparative Fault, Threshold, Helmet, and Insurance Allegations
10. Prayer for Relief
11. Jury Demand
12. Designation of Trial Counsel
13. Certification Pursuant to R. 4:5-1(b)(2)
14. Confidential Personal Identifiers Certification (R. 1:38-7(b))
15. Signature Block
16. New Jersey Practice Notes
17. Sources and References

1. CAPTION

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION — [COUNTY] COUNTY

DOCKET NO. [L-________-____]

CIVIL ACTION

COMPLAINT FOR DAMAGES (BICYCLE COLLISION), JURY DEMAND, DESIGNATION OF TRIAL COUNSEL, AND RULE 4:5-1 CERTIFICATION

Plaintiff, [PLAINTIFF NAME], by and through undersigned counsel, by way of Complaint against the Defendants, alleges upon knowledge as to Plaintiff's own acts and upon information and belief as to all other matters, as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an individual residing at [ADDRESS], in the County of [COUNTY], State of New Jersey, and at all material times was lawfully operating a bicycle upon the public roadways of this State.

2. Defendant [DRIVER NAME] ("Driver Defendant") is, upon information and belief, an individual residing at [SERVICE ADDRESS] who, at all material times, operated a motor vehicle in New Jersey.

3. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual / a corporation / an LLC] with its principal place of business at [ADDRESS] that, at all material times, owned, maintained, controlled, and/or furnished the vehicle operated by Driver Defendant and/or employed Driver Defendant.

4. Fictitious Defendants John Does 1–5 and ABC Corps. 1–5 are persons or entities whose identities are presently unknown to Plaintiff and who negligently caused or contributed to the Collision and Plaintiff's injuries; Plaintiff will amend to substitute their true names when ascertained, pursuant to R. 4:26-4.

5. This action sounds in tort and arises when a motor vehicle struck Plaintiff, a bicyclist, in [MUNICIPALITY], [COUNTY] County, New Jersey, on [__/__/____].

6. Venue is proper in this County pursuant to R. 4:3-2 because the cause of action arose in [COUNTY] County and/or one or more Defendants resides or conducts business here.

7. This matter places the action on Track [II / III] pursuant to R. 4:5A-1, and the amount in controversy exceeds the threshold for the Special Civil Part.

3. GENERAL FACTUAL ALLEGATIONS

8. On [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a bicycle traveling [northbound / southbound / etc.] on [ROADWAY] at or near its intersection with [CROSS STREET / LANDMARK / MILE MARKER], in [MUNICIPALITY], New Jersey (the "Collision").

9. Plaintiff was riding in a lawful and prudent manner — [as near to the right roadside as practicable / within a marked bicycle lane / lawfully occupying the lane where conditions permitted under N.J.S.A. 39:4-14.2] — and, to the extent the Collision occurred during darkness, Plaintiff's bicycle was equipped with a lighted front headlamp and a rear lamp as contemplated by N.J.S.A. 39:4-10.

10. At the same time and place, Driver Defendant was operating a [YEAR / MAKE / MODEL] [passenger vehicle / pickup truck / SUV / commercial vehicle] owned by Owner Defendant.

11. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight].

12. The Collision occurred when Driver Defendant [SELECT / DESCRIBE THE MANNER OF COLLISION — e.g., overtook and passed Plaintiff's bicycle without moving over a lane and without leaving a reasonable and safe distance of at least four feet, sideswiping or striking Plaintiff ("unsafe pass"); turned right across Plaintiff's path of travel ("right hook"); turned left across the path of Plaintiff's oncoming bicycle ("left cross"); opened a parked vehicle's door into Plaintiff's path ("dooring"); failed to yield the right-of-way at the intersection; followed Plaintiff's bicycle too closely and struck it from the rear; pulled out from a private drive or side street into Plaintiff's path].

13. Although Plaintiff and Plaintiff's bicycle were plainly visible, Driver Defendant "looked but failed to see" Plaintiff, misjudged Plaintiff's speed, position, and distance, and/or failed to keep a proper lookout for bicyclists lawfully sharing the roadway.

14. Plaintiff had the right-of-way and was operating the bicycle in a lawful, prudent, and careful manner at all material times. At no time did Plaintiff do, or fail to do, anything that proximately caused or contributed to the Collision.

15. As a direct and proximate result of the Collision, Plaintiff — an unprotected road user exposed to the full mass and force of a motor vehicle — was thrown from the bicycle and sustained severe, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, road rash / degloving, and disfiguring scarring].

16. Because a bicyclist has no enclosure, restraint system, or crumple zone, the forces of the Collision caused Plaintiff to suffer catastrophic injuries materially more severe than those typically sustained by occupants of enclosed vehicles.

17. Plaintiff received emergency care at [HOSPITAL / EMS PROVIDER] and has since undergone [SURGERIES / HOSPITALIZATION / REHABILITATION / ONGOING TREATMENT], and will require future medical care.

18. All injuries and damages alleged were the foreseeable, natural, and probable consequence of Defendants' conduct.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

19. Plaintiff realleges and incorporates Paragraphs 1 through 18 as if fully set forth herein.

20. Driver Defendant owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, to obey New Jersey's motor-vehicle statutes and regulations, to keep a proper lookout for bicyclists lawfully sharing the roadway, to overtake and pass a bicyclist only as required by the Safe Passing Law, and to refrain from conduct endangering others.

21. Driver Defendant breached that duty by, among other things:

• Failing to keep a proper and careful lookout for Plaintiff's plainly visible bicycle;
• Overtaking and passing Plaintiff's bicycle without making a lane change where possible, without leaving a reasonable and safe distance of not less than four feet, and without reducing speed and being prepared to stop where required;
• Turning right across the path of Plaintiff's bicycle ("right hook") when it was unsafe to do so;
• Turning left across the path of Plaintiff's oncoming bicycle ("left cross") when it was unsafe to do so;
• Opening, or causing to be opened, a vehicle door into the path of Plaintiff's bicycle when it was unsafe to do so ("dooring");
• Failing to yield the right-of-way to Plaintiff;
• Following Plaintiff's bicycle more closely than was reasonable and prudent;
• Operating the vehicle at an excessive or unsafe speed for the conditions;
• Driving while distracted or inattentive; and
• Failing to maintain proper control of the vehicle.

22. Each of the foregoing acts and omissions, separately and in combination, was a direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

23. As a direct and proximate result, Plaintiff has sustained the damages described in Section 8 below.

5. COUNT II — NEGLIGENCE PER SE / STATUTORY VIOLATION (Against Defendant Driver)

24. Plaintiff realleges and incorporates Paragraphs 1 through 23 as if fully set forth herein.

25. New Jersey's motor-vehicle statutes impose specific duties on Driver Defendant for the protection of persons lawfully using the roadway, including bicyclists such as Plaintiff. These include, as applicable to the manner of the Collision:

• N.J.S.A. 39:4-14.1 — every person riding a bicycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a motor vehicle, confirming that Plaintiff was a lawful user of the roadway entitled to the protection of the rules of the road;
• N.J.S.A. 39:4-92.4 — the Safe Passing Law: when approaching a bicyclist, a driver must (1) make a lane change into a lane not adjacent to the bicyclist when possible; (2) if a lane change cannot be made, leave a reasonable and safe distance of not less than four feet while approaching and passing; or (3) if neither is possible, prohibited, or unsafe, reduce speed to 25 miles per hour or a lower posted speed and be prepared to stop, passing only if doing so does not endanger the bicyclist;
• N.J.S.A. 39:4-90 — a driver approaching an intersection shall yield to a vehicle that has entered it, and a driver within an intersection intending to turn left shall yield to a vehicle (including a bicycle) approaching from the opposite direction so close as to constitute an immediate hazard;
• N.J.S.A. 39:4-66.1 — duty to yield when entering or crossing a highway from a private road, driveway, or alley;
• N.J.S.A. 39:4-89 — a driver shall not follow another vehicle more closely than is reasonable and prudent; and
• N.J.S.A. 39:4-97 (careless driving) and/or N.J.S.A. 39:4-96 (reckless driving) — prohibitions on driving in a manner so as to endanger persons or property (including conduct such as "dooring" a cyclist).

26. Plaintiff is within the class of persons the foregoing statutes were enacted to protect, and the Collision is the type of harm those statutes were designed to prevent.

27. Driver Defendant violated [CITE THE SPECIFIC SECTION(S) APPLICABLE], and was cited for [TRAFFIC CITATION, IF ANY].

28. Such statutory violation(s) constitute evidence of negligence and were a direct and proximate cause of Plaintiff's injuries and damages.

6. COUNT III — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY (Against Defendant Owner)

29. Plaintiff realleges and incorporates Paragraphs 1 through 28 as if fully set forth herein.

30. Owner Defendant owned the subject vehicle and entrusted it to Driver Defendant when Owner Defendant knew, or in the exercise of reasonable care should have known, that Driver Defendant was an incompetent, inexperienced, reckless, or otherwise unfit driver.

31. Alternatively, at the time of the Collision, Driver Defendant was operating the vehicle as the agent, servant, or employee of Owner Defendant and within the course and scope of that agency or employment, rendering Owner Defendant vicariously liable under the doctrine of respondeat superior.

32. Owner Defendant's negligent entrustment and/or vicarious liability was a direct and proximate cause of Plaintiff's injuries and damages.

7. COUNT IV — PUNITIVE DAMAGES (Against Defendant Driver)

33. Plaintiff realleges and incorporates Paragraphs 1 through 32 as if fully set forth herein.

34. Driver Defendant's conduct, including but not limited to [e.g., operating the vehicle while intoxicated; driving at a grossly excessive speed; aggressively "buzzing," harassing, or making intentional maneuvers toward Plaintiff's bicycle], exhibited actual malice and/or a wanton and willful disregard for the safety of others.

35. Plaintiff is therefore entitled to punitive damages pursuant to N.J.S.A. 2A:15-5.12 to -5.14, in an amount permitted by law.

8. DAMAGES

36. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and seeks recovery of the following:

• Past and future medical expenses — emergency, ambulance, hospital, surgical, diagnostic, rehabilitative, pharmaceutical, and physician care;
• Future medical and life care — anticipated surgeries, therapy, assistive devices, prosthetics, and long-term or attendant care, to be proven at trial;
• Lost wages and diminished earning capacity — past lost income and the permanent impairment of Plaintiff's ability to earn;
• Physical pain, suffering, disability, impairment, and mental anguish — past and future;
• Permanent injury, physical impairment, and disfigurement, including scarring from road rash and surgical intervention;
• Loss of enjoyment of life; and
• Property damage to the bicycle, cycling gear, helmet, electronics, and personal effects, including loss of use and diminution in value.

37. Plaintiff pleads each category of damage separately and in the alternative, together with pre-judgment and post-judgment interest as allowed by R. 4:42-11.

9. COMPARATIVE FAULT, THRESHOLD, HELMET, AND INSURANCE ALLEGATIONS

38. Plaintiff did not assume the risk of injury and was free from comparative negligence; alternatively, any negligence attributable to Plaintiff was not greater than the combined negligence of the Defendants under N.J.S.A. 2A:15-5.1, and any award shall be reduced only by Plaintiff's percentage of fault, if any, as determined under N.J.S.A. 2A:15-5.2.

39. Plaintiff was at all material times operating a bicycle, not an "automobile." Accordingly, the tort/"verbal threshold" limitation-on-lawsuit option of N.J.S.A. 39:6A-8, which applies only to persons connected to an "automobile," does not apply to Plaintiff's claim for injuries sustained while bicycling, and Plaintiff may recover for noneconomic loss without satisfying that threshold.

40. Plaintiff has complied with, or will comply with, all conditions precedent applicable to any uninsured/underinsured-motorist or hit-and-run claim and reserves all rights against the applicable UM/UIM carrier under N.J.S.A. 17:28-1.1.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, as follows:

• A. Compensatory damages (economic and noneconomic) in an amount to be determined by the trier of fact;
• B. Punitive damages on Count IV, consistent with N.J.S.A. 2A:15-5.14, where supported by the evidence;
• C. Pre-judgment and post-judgment interest under R. 4:42-11;
• D. Costs of suit and statutory fees; and
• E. Such other and further relief as the Court deems just and equitable.

11. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable as of right, pursuant to N.J. Const. art. I, ¶ 9 and R. 1:8-1.

12. DESIGNATION OF TRIAL COUNSEL

Pursuant to R. 4:25-4, [ATTORNEY NAME], Esq., is hereby designated as trial counsel for Plaintiff.

13. CERTIFICATION PURSUANT TO R. 4:5-1(b)(2)

I certify that, to my knowledge and belief, the matter in controversy is not the subject of any other pending or contemplated action in any court or arbitration proceeding, nor is any other party or non-party known who should be joined in this action at this time, except as may be set forth herein. I recognize the continuing obligation to file and serve an amended certification if circumstances change.

14. CONFIDENTIAL PERSONAL IDENTIFIERS CERTIFICATION (R. 1:38-7(b))

I certify that confidential personal identifiers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in accordance with R. 1:38-7(b).

15. SIGNATURE BLOCK

Respectfully submitted,

Dated: [__/__/____]

/s/ [________________________________]

[ATTORNEY NAME], Esq. (NJ Attorney ID No. [________])

[LAW FIRM NAME]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, NJ ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

16. NEW JERSEY PRACTICE NOTES

• Statute of limitations. Personal-injury actions must be commenced within two years of accrual. N.J.S.A. 2A:14-2. Claims against public entities require a notice of claim within 90 days under the New Jersey Tort Claims Act (N.J.S.A. 59:8-8).
• Modified comparative negligence. Under the Comparative Negligence Act (N.J.S.A. 2A:15-5.1 to -5.3), the plaintiff recovers only if the plaintiff's negligence is "not greater than" the combined negligence of the defendants; 50% or less recovers (reduced proportionally), 51% or more is barred.
• Cyclist's rights and duties; safe passing. N.J.S.A. 39:4-14.1 grants a bicyclist all the rights and subjects the bicyclist to all the duties of a motor vehicle driver. The driver's safe-passing duty is N.J.S.A. 39:4-92.4 (the 2021 Safe Passing Law, amended 2024): move over a lane when possible; if not, leave a reasonable and safe distance of not less than four feet; if neither is possible/safe, slow to 25 mph (or lower posted) and be prepared to stop — and a violation causing bodily injury carries enhanced penalties (39:4-92.4(c)). The cyclist's reciprocal right-side-riding duty (with exceptions for hazards, turns, and matching traffic speed) is N.J.S.A. 39:4-14.2.
• NO-FAULT / VERBAL-THRESHOLD (key distinction). New Jersey's no-fault/PIP scheme and the N.J.S.A. 39:6A-8 verbal threshold attach to injuries arising out of use of an "automobile." A person injured while bicycling is generally not bound by the verbal threshold for that injury and may sue for noneconomic loss without a threshold certification. Re-examine the analysis where the cyclist (or a resident relative) owns a threshold-elected automobile policy that may supply PIP and implicate the threshold; confirm against current AICRA decisions, and plead the non-applicability affirmatively (¶ 39).
• Helmet non-use generally not comparative fault. N.J.S.A. 39:4-10.1 requires a helmet only for riders under 17 — there is no adult helmet requirement. For an adult cyclist, evidence or argument that the plaintiff was not wearing a helmet is generally inadmissible to show comparative fault or to reduce damages; move in limine to exclude it. Verify the current New Jersey evidentiary framework before relying on it.
• Punitive damages. Governed by the Punitive Damages Act (N.J.S.A. 2A:15-5.9 et seq.); require clear and convincing evidence of actual malice or wanton and willful disregard, and are capped by N.J.S.A. 2A:15-5.14 (generally the greater of five times compensatory damages or $350,000; verify). Plead Count IV only where supported.
• UM/UIM and hit-and-run. A bicyclist struck by a motor vehicle may recover under their own automobile UM/UIM coverage (N.J.S.A. 17:28-1.1) and a resident relative's policy; UM coverage also responds to a hit-and-run / phantom vehicle subject to prompt-reporting and (in some policies) physical-contact requirements. Identify and notify every applicable policy, preserve UM/UIM claims, comply with arbitration/consent-to-settle conditions, and protect against subrogation/PIP-lien issues before resolving the liability claim.
• Procedure. A Law Division complaint must include the R. 4:5-1(b)(2) certification, R. 1:38-7(b) redaction certification, and designation of trial counsel (R. 4:25-4). Track assignment is governed by R. 4:5A-1; venue by R. 4:3-2; fictitious-party practice by R. 4:26-4. Service follows R. 4:4 (and out-of-state motorists may be served consistent with long-arm principles).

17. SOURCES AND REFERENCES

• New Jersey Statutes (Title 2A — Administration of Civil and Criminal Justice; Title 39 — Motor Vehicles) — https://law.justia.com/codes/new-jersey/
• N.J.S.A. 2A:14-2 (two-year limitations)
• N.J.S.A. 2A:15-5.1 to -5.3 (Comparative Negligence Act)
• N.J.S.A. 39:4-14.1 (rights and duties of persons on bicycles) — https://dot.nj.gov/transportation/commuter/bike/regulations.shtm
• N.J.S.A. 39:4-92.4 (Safe Passing Law — four feet / move over / slow to 25 mph) — https://law.justia.com/codes/new-jersey/title-39/section-39-4-92-4/
• N.J.S.A. 39:4-14.2 (keep to the right; exceptions; single file); N.J.S.A. 39:4-14.5 (bicycle definition); N.J.S.A. 39:4-10 (lights); N.J.S.A. 39:4-10.1 (helmet — riders under 17)
• N.J.S.A. 39:4-90 (right of way at intersections; left turn) — https://law.justia.com/codes/new-jersey/title-39/section-39-4-90/
• N.J.S.A. 39:4-66.1, 39:4-89, 39:4-97, 39:4-96 (rules of the road)
• N.J.S.A. 39:6A-2 ("automobile" definition); N.J.S.A. 39:6A-8 (tort options / verbal threshold)
• N.J.S.A. 17:28-1.1 (uninsured/underinsured motorist coverage)
• N.J.S.A. 2A:15-5.9 to -5.14 (Punitive Damages Act and cap)
• New Jersey Court Rules (R. 1:8-1, R. 4:3-2, R. 4:4, R. 4:5-1, R. 4:5A-1, R. 4:25-4, R. 4:26-4, R. 4:42-11, R. 1:38-7)
• New Jersey Model Civil Jury Charges (Motor Vehicle; Comparative Negligence; Statutory Violations as Evidence of Negligence)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in New Jersey must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.