Someone Hit Me With Their Car While I Was Walking in NJ. What Should I Do?

One moment you’re crossing the street. The next, you’re on the ground, in pain, trying to process what just happened. There was no warning, no time to react, and now everything has changed.

The confusion sets in fast. “Someone hit me with their car while I was walking” is something no one ever expects to say, yet here you are, dealing with injuries, mounting medical bills, and an insurance company that’s already working against you.

New Jersey law gives you the right to pursue compensation after a pedestrian accident, and knowing what to do next puts you in a stronger position from the start.

Here’s what you need to know.

At a Glance

• Seek medical attention right away, even if injuries aren’t immediately apparent.
• Get a copy of the police report and document everything you remember.
• New Jersey’s no-fault system means PIP coverage may pay your medical bills regardless of who caused the accident.
• Drivers and pedestrians both have legal responsibilities that affect how fault is determined.
• New Jersey’s comparative negligence law allows you to recover compensation as long as you’re no more than 50 percent at fault.
• You have two years from the date of the accident to file a personal injury claim.
• Don’t speak with the driver’s insurance company before consulting a New Jersey pedestrian accident lawyer.

What to Do After Being Hit by a Car in New Jersey

Being hit by a car as a pedestrian sets off a chain of events that can feel impossible to manage while you’re still hurting. If you’re wondering what to do after being hit by a car in NJ, here’s what to focus on in the days following the accident.

• See a doctor if you haven’t already. Even if you walked away from the scene, seek medical attention now. Soft tissue injuries, internal trauma, and head injuries aren’t always immediately apparent after a motor vehicle accident. The longer you wait, the easier it becomes for insurance companies to argue your injuries weren’t serious or weren’t caused by the accident.
• Get a copy of the police report. If officers responded to the scene, a police report was filed. Request a copy as soon as possible. It documents how the accident occurred and can be critical evidence in your pedestrian accident claim.
• Write down everything you remember. Details fade quickly. Document what happened before, during, and after the accident, including where you were walking, what the driver did, weather and lighting conditions, and anything witnesses said at the scene.
• Hold on to everything. Keep records of all medical bills, medical care, prescription costs, and any lost wages from time missed at work. This documentation forms the foundation of your personal injury claim.
• Don’t talk to the driver’s insurance company. The driver’s insurance company may reach out quickly and seem cooperative, but their job is to limit what they pay, not to look out for you. Don’t give a recorded statement or accept any settlement offer before speaking with a New Jersey pedestrian accident lawyer.

What Do Drivers and Pedestrians Have to Follow Under New Jersey Law?

Understanding what both drivers and pedestrians are required to do under New Jersey law can help clarify how a pedestrian accident happened and who may be at fault.

Drivers Must Yield to Pedestrians in Crosswalks

Under New Jersey law, drivers must stop and remain stopped for pedestrians crossing within a marked crosswalk.

Drivers are also required to:

• Yield the right of way to pedestrians in intersections
• Exercise due care to avoid hitting any pedestrian
• Slow down and take precautions when visibility is limited

Failing to follow these rules is a common cause of pedestrian accident cases involving negligent drivers.

Pedestrians Also Have Responsibilities

Pedestrians must follow certain rules as well. These rules can affect how fault is determined after a pedestrian accident.

Pedestrians are expected to:

• Use marked crosswalks when available
• Follow traffic signals at intersections
• Avoid suddenly stepping into the path of a vehicle
• Use sidewalks when they’re available

If a pedestrian crosses outside a marked crosswalk, they may be required to yield the right of way to vehicles.

Right of Way Is Not Always Automatic

Many people assume pedestrians always have the right of way, but that isn’t always the case. Right of way can vary depending on:

• Whether the pedestrian was in a marked crosswalk
• Traffic signals at the time of the accident
• Visibility and road conditions
• The actions of both the driver and the pedestrian

Because of this, fault in a pedestrian accident often depends on the specific facts of how the accident occurred.

Why These Rules Matter for Your Case

These rules help determine whether a driver acted negligently and whether a pedestrian accident claim may be successful.

Even if you were not in a marked crosswalk, you may still have legal options if the driver failed to use reasonable care or was distracted at the time of the accident.

Who Pays the Medical Bills After a Pedestrian Accident in New Jersey?

New Jersey is a no-fault state, which means personal injury protection (PIP) coverage often applies even when you weren’t driving at the time of the accident. Depending on your situation:

• Your own auto insurance policy may cover your medical bills
• A household member’s policy might apply if you don’t have your own
• If no personal injury protection coverage is available, the at-fault driver’s insurance may be responsible for your medical care

PIP can cover medical bills, rehabilitation costs, and certain lost income regardless of who caused the crash. Knowing which coverage applies to your situation is one of the first things a New Jersey pedestrian accident lawyer can help you work through.

Can You File a Pedestrian Accident Claim in New Jersey?

If a driver’s negligence caused the accident, you have the right to pursue a New Jersey pedestrian accident claim. Negligent drivers cause pedestrian accidents in a number of ways:

• Distracted driving
• Failing to yield the right of way at crosswalks and intersections
• Running red lights or ignoring traffic signals
• Speeding in areas with heavy pedestrian traffic
• Backing out of parking lots without checking for pedestrians

Being in a marked crosswalk strengthens your claim, but not being in one doesn’t automatically eliminate your legal options. New Jersey law looks at the conduct of both the driver and the pedestrian when determining liability.

What If You Were Partly at Fault?

Under New Jersey’s comparative negligence law, your compensation may be reduced by the percentage of fault assigned to you. Factors that could affect fault include:

• Crossing outside a marked crosswalk
• Crossing against a traffic signal
• Limited visibility conditions, such as walking at night without reflective clothing

The threshold matters here. As long as you’re found to be no more than 50 percent at fault, you can still recover compensation for your injuries. A pedestrian accident attorney can assess the legal circumstances of your accident and give you a clear picture of where you stand.

How Long Do You Have to File a Claim in New Jersey?

Time is not on your side after a pedestrian accident. Under N.J.S. 2A:14-2, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. Miss that deadline and you lose the right to pursue compensation entirely, regardless of how strong your case might be.

Two years can feel like a long time when you’re focused on recovering, but building a pedestrian accident claim takes time. Evidence needs to be gathered, medical records need to be compiled, and liability needs to be established. The sooner you speak with a New Jersey pedestrian accident lawyer, the better positioned you’ll be.

What Compensation May Be Available?

A pedestrian accident affects far more than your body. Personal injury claims after a pedestrian accident can include compensation for:

• Medical bills and ongoing medical care
• Lost wages and lost income
• Pain and suffering
• Future medical costs
• Costs tied to long-term or catastrophic injuries

The full value of your personal injury claim depends on the severity of your injuries, the impact on your daily life, and the legal circumstances surrounding the accident. A New Jersey pedestrian accident attorney can assess what your claim may be worth and fight to recover the maximum compensation available in your case.

How a New Jersey Pedestrian Accident Lawyer Can Help

Handling a pedestrian accident claim while recovering from serious injuries is a lot to manage. A New Jersey pedestrian accident lawyer takes that weight off your shoulders by:

• Investigating how the accident occurred and identifying all liable parties
• Gathering evidence from the accident scene, including surveillance footage, witness statements, and police reports
• Communicating with insurance companies on your behalf
• Calculating the full value of your medical costs, lost wages, and pain and suffering
• Managing the claims process from start to finish so you can focus on healing

Insurance companies have legal teams working to minimize what they pay. Having a New Jersey pedestrian accident lawyer in your corner levels the playing field.

Frequently Asked Questions

What should I do first after being hit by a car as a pedestrian?

Call 911 immediately, then seek medical attention as soon as possible, even if you feel okay. Document the accident scene if you’re physically able, collect the driver’s insurance information, and contact a New Jersey pedestrian accident lawyer before speaking with any insurance company.

Can I still recover compensation if I wasn’t in a crosswalk?

Possibly. New Jersey law evaluates the conduct of both the driver and the pedestrian when determining fault. Not being in a marked crosswalk doesn’t automatically bar you from recovering compensation, especially if the driver was negligent in other ways.

What if the driver who hit me doesn’t have insurance?

You may still have options. Your own auto insurance policy may include uninsured motorist coverage that applies to pedestrian accidents. A New Jersey pedestrian accident lawyer can review the available coverage and identify every potential source of compensation.

How long does a pedestrian accident claim take?

It varies depending on the severity of your injuries, the complexity of the liability questions, and whether the case settles or goes to trial. Some claims resolve in a few months; others take longer. What matters most is that you don’t rush into a settlement before you fully understand the extent of your injuries and medical costs.

Do I have to go to court?

Many pedestrian accident claims settle before trial. That said, having a lawyer prepared to take your case to court puts you in a stronger position during negotiations with insurance companies.

How much does it cost to hire a pedestrian accident lawyer?

At The Law Offices of Peter N. Davis & Associates, we handle pedestrian accident claims on a contingency fee basis. You pay nothing upfront and owe nothing unless we recover compensation for you.

You Need Someone in Your Corner

Getting hit by a car changes things. The physical pain is real, but so is the stress of missed work, mounting medical bills, and an insurance company that’s already working to minimize what they owe you. You’re trying to heal, and instead you’re being pulled in a dozen directions at once.

At The Law Offices of Peter N. Davis & Associates, we’ve spent decades representing injured people across New Jersey who were thrown into exactly the situation you’re in now. Our New Jersey pedestrian accident lawyers know how insurance companies approach these claims, we know what your case is worth, and we fight to make sure you’re not pressured into settling for less than you need to move forward.

You won’t pay anything unless we win. Your consultation’s free. And we’re available 24/7 because accidents don’t happen on a schedule.

Call (973) 279-7246(973) 279-7246 or complete our online form to request your free case evaluation. The sooner you reach out, the sooner you can stop managing this alone.

Injured in Jersey? Peter’s Got Your Back!

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

The Law Offices of Peter N. Davis & Associates, LLC
72 Essex Street, Suite 2
Lodi, NJ 07644
(973) 279-7246(973) 279-7246
https://peterdavislaw.com