A recent lawsuit filed in Baltimore reminds us that operators of automobiles and other vehicles on the road must recognize and be cognizant of the fact that smaller, some times hard to see vehicles share the road with us. There, a truck driver making a right hand turn struck and killed a bicyclist that was lawfully and properly using the roadway when the cyclist became entangled in the trucks rear tandem.
New Jersey's Motor Vehicle Statutes permit bicyclists to share the public roadways with the operators of motor vehicles. However, it must be pointed out that people riding bicycles upon the public roadways also have a general duty to follow the "rules of the road" and abide by roadway markings, traffic signs and signals. The failure of a cyclist to do so may be construed as negligence or an improper action by that individual that can be held against them in the event of an accident or claim for personal injuries. Further, it is conceivable that a bicyclist who fails to abide by traffic laws, signals or signs and causes a motor vehicle accident could be legally held responsible for money damages to compensate an injured party.
Another question that is raised is whether a child operating a bicycle will be required to abide by motor vehicle laws. There is not one clear answer under the law. The answer will depend on the facts of each case including the age of the child, the type of bicycle being ridden and sometimes the law of the local municipality. Generally, however, children are required to act reasonably under the circumstances for their age.
Accordingly, in light of the above, if you regularly operate a bicycle on public roadways, it may be wise to determine whether you have available insurance coverage in the event your operation of the bike causes an accident and either property damages or personal injuries. Most, if not, all automobile insurance policies exclude coverage for injuries or damages unless they are caused by the operation of a motor vehicle. Bicycles would be excluded. Homeowners' policies, if you have one, differ widely on the subject but may provide coverage for "vehicles powered by human means." To be definitive in this regard, you should contact your insurance agent and change your coverage if you believe you require it.