How Our Pedestrian Accident Lawyers Can Help
From 2021 to 2023, pedestrians were the second largest group of crash fatalities in New Jersey each year, according to New Jersey State Police fatal crash data. Even more have been seriously injured.
Our dedicated team of pedestrian accident lawyers is no stranger to these cases, and we’re here to assist you every step of the way. We specialize in helping victims like you understand their rights and navigate the often complex legal aftermath of an accident. Our approach focuses on:
- Understanding Your Rights: We’ll explain your legal rights and options, ensuring you’re fully informed about your case.
- Dealing with Insurance Companies: Our team will handle all communications with insurance companies, ensuring you’re not taken advantage of and that your interests are vigorously represented.
- Securing Maximum Compensation: We understand the importance of being fully compensated for your injuries and related expenses. That’s why our goal is to secure the maximum compensation possible for your injuries.
With the help of our NJ personal injury lawyers, you can focus on your recovery while we work to secure the compensation you deserve. We represent pedestrians in Newark, Paterson, and communities across New Jersey. If your accident happened in or near Lodi, our Lodi pedestrian accident lawyer team is close by and ready to help.
Help Is a Call Away
We are just a phone call away. You don’t even have to leave the house. Give us a call, and we will review your case right over the phone.
You Deserve Compensation
If you get hurt in a pedestrian accident that wasn’t your fault, you have a right to compensation for your injuries.
Your Case Review Is Free
You pay us nothing at all for your initial case review. After that, if we don’t win your case, you don’t owe us a dime.
What To Do After a Pedestrian Accident in New Jersey
If you’re involved in a pedestrian accident in New Jersey, taking the right steps will be critical to your case:
- Ensure Safety: Move to a safe area if possible. If seriously injured, wait for emergency services.
- Call 911: Report the accident immediately for safety, legal, and insurance purposes.
- Seek Medical Attention: Get checked even for minor injuries, as some injuries (or the extent of them) may not be immediately apparent.
- Gather Information: Collect evidence from the scene and contact information of others involved and eyewitnesses. Take photos of the accident and your injuries.
- Avoid Negotiation: Never discuss fault or any settlement offers at the scene.
- Document Everything: Keep records of medical reports, expenses, and lost wages.
- Notify Insurance: Inform your insurer, but be cautious with the statements you provide. Be honest, but brief, and do not admit to any fault.
- Consult a Pedestrian Accident Attorney: Seek legal representation from an attorney before making any agreements, especially with insurance companies.
New Jersey Pedestrian Laws
New Jersey pedestrian accident laws are designed to protect pedestrians, one of the most vulnerable groups on the road. These laws outline the responsibilities of both drivers and pedestrians and dictate how fault and compensation are determined in the event of an accident.
Right of Way
- Crosswalks: In New Jersey, drivers must stop and yield to pedestrians at marked crosswalks. Failure to do so can result in fines and other penalties.
- Intersections: At intersections without marked crosswalks, pedestrians must yield to traffic on the road.
Pedestrian Responsibilities
Obey traffic signals: Pedestrians must adhere to traffic signals and use crosswalks where available. Jaywalking or crossing against a traffic signal can result in fines and may impact the pedestrian’s ability to claim damages in an accident.
Visibility: Pedestrians are advised to make themselves visible, especially at night, by wearing reflective clothing and using crosswalks with proper lighting.
Driver Responsibilities
Vigilance: Drivers are expected to exercise caution and be vigilant for pedestrians, especially in areas like school zones, neighborhoods, and busy intersections.
Speed Limits: Adhering to speed limits is crucial, particularly in pedestrian-heavy areas, as higher speeds increase the likelihood and severity of accidents.
Common causes of pedestrian accidents in New Jersey
Most pedestrian crashes happen because a driver was not paying attention to the people around their vehicle. New Jersey’s busy roads, dense towns, and mix of highways and local streets put walkers at risk every day.
Common causes we see in our pedestrian accident cases include:
- Failing to yield at crosswalks: Drivers who roll through a crosswalk instead of stopping and staying stopped for a pedestrian.
- Distracted driving: Texting, using GPS, or looking away from the road while approaching a crossing.
- Turning vehicles: Drivers making left or right turns who look for oncoming cars but miss a pedestrian in the crosswalk.
- Speeding: Higher speeds give drivers less time to stop and make injuries far more severe.
- Backing up: Drivers reversing out of driveways and parking lots without checking behind them.
- Impaired driving: Alcohol and drugs slow reaction times and affect judgment.
- Poor visibility: Dark roads, bad weather, and sun glare make pedestrians harder to see, but drivers must still adjust their speed and attention.
Common injuries in pedestrian accidents
A pedestrian has no protection against the weight of a car or truck. Even a crash at a low speed can cause serious, long-lasting injuries that need months or years of treatment.
Injuries we often help pedestrians recover compensation for include:
- Traumatic brain injuries and concussions
- Back and spinal cord injuries
- Broken legs, hips, pelvis, and arms
- Soft tissue injuries, such as torn ligaments
- Internal injuries and bleeding
- Road rash, cuts, and scarring
When a pedestrian crash takes a life, the family may have a wrongful death claim. We help families pursue compensation for funeral costs, lost income, and the loss of their loved one’s support and guidance.
How PIP insurance works for pedestrians in New Jersey
New Jersey is a no-fault state, so Personal Injury Protection (PIP) coverage usually pays a pedestrian’s medical bills first, no matter who caused the crash. If you or a family member in your household has a New Jersey auto policy, that policy’s PIP coverage generally applies, even though you were on foot.
If you don’t have your own auto policy, the PIP coverage of the vehicle that hit you may apply. When no other coverage is available, eligible pedestrians may be able to seek PIP benefits through the New Jersey Unsatisfied Claim and Judgment Fund.
PIP covers medical treatment, but it often doesn’t cover everything you’ve lost. We look at whether you can also bring a claim against the at-fault driver for pain and suffering, lost wages beyond PIP limits, and other losses.
What happens after a hit-and-run pedestrian accident
Being hit by a driver who flees the scene is frightening, and it can leave you wondering who will pay for your injuries. You may still have options, even if the driver is never found.
After a hit-and-run, compensation may come from:
- Your own uninsured motorist (UM) coverage: This part of your auto policy can cover injuries caused by a driver who can’t be identified.
- A household member’s policy: UM coverage on a relative’s policy may apply if you live with them.
- The Unsatisfied Claim and Judgment Fund: This state fund may help eligible victims of hit-and-run crashes who have no other coverage.
Report a hit-and-run to the police as soon as possible. A prompt police report is often required for these claims, and it gives investigators the best chance of finding the driver.
Proving fault in a New Jersey pedestrian accident
To recover more than PIP benefits, we need to show that the driver was careless. Under New Jersey law, when a driver hits a pedestrian in a marked crosswalk, or at an unmarked crosswalk at an intersection, it can be inferred that the driver did not use due care, according to the New Jersey Department of Transportation.
We gather evidence to show what happened, such as:
- Police crash reports and witness statements
- Traffic camera, dashcam, and nearby security footage
- Photos of the scene, the vehicle, and your injuries
- Vehicle data and skid marks
- Medical records that link your injuries to the crash
What if I was partly at fault?
Insurance companies often claim a pedestrian was jaywalking, distracted, or wearing dark clothing. New Jersey follows a modified comparative negligence rule under N.J.S.A. 2A:15-5.1. You can still recover compensation if you were 50% or less at fault, but your award is reduced by your share of the blame.
Compensation available after a pedestrian accident
Every case is different, but injured pedestrians in New Jersey may be able to recover:
- Medical expenses: Emergency care, surgery, rehabilitation, and future treatment not covered by PIP.
- Lost income: Wages you missed while recovering and reduced earning ability in the future.
- Pain and suffering: The physical pain and emotional distress caused by your injuries.
- Loss of enjoyment of life: The activities and hobbies you can no longer take part in.
- Property damage: Phones, glasses, and other belongings damaged in the crash.
How long you have to file a pedestrian accident claim
In most cases, you have two years from the date of the accident to file a personal injury lawsuit in New Jersey under N.J.S.A. 2A:14-2. Wrongful death claims generally must also be filed within two years of the date of death.
Waiting can make a case harder to prove, because video footage gets erased and witnesses’ memories fade. We start gathering evidence as soon as you contact us.
Speak with a New Jersey pedestrian accident lawyer
The Law Offices of Peter N. Davis & Associates, LLC has recovered over $1 billion for injured clients. We handle pedestrian accident cases across New Jersey, and you don’t pay us anything unless we win your case.
Call us at (973) 279-7246 or contact us online for a free case review.
