A pedestrian crosses a busy New Jersey intersection and is almost hit by a car that isn’t paying attention.

Your New Jersey Pedestrian Accident Attorney

Have you or a loved one been injured in a pedestrian accident in New Jersey? If so, contact our New Jersey pedestrian accident attorneys today for a free case evaluation.

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From 2021 to 2023, pedestrians were the second largest group of crash fatalities in New Jersey each year. As of December 4th, 152 pedestrian fatalities have been reported in New Jersey so far this year. 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 tirelessly to secure the compensation you deserve. Trust us to be your advocates in this challenging time.

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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:

  1. Ensure Safety: Move to a safe area if possible. If seriously injured, wait for emergency services.
  2. Call 911: Report the accident immediately for safety, legal, and insurance purposes.
  3. Seek Medical Attention: Get checked even for minor injuries, as some injuries (or the extent of them) may not be immediately apparent.
  4. Gather Information: Collect evidence from the scene and contact information of others involved and eyewitnesses. Take photos of the accident and your injuries.
  5. Avoid Negotiation: Never discuss fault or any settlement offers at the scene. 
  6. Document Everything: Keep records of medical reports, expenses, and lost wages.
  7. Notify Insurance: Inform your insurer, but be cautious with the statements you provide. Be honest, but brief, and do not admit to any fault.
  8. 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.

Comparative Negligence

New Jersey follows a “modified comparative negligence” system. This means that in an accident, both the driver and the pedestrian can be found partially at fault. 

The compensation a pedestrian can receive will be reduced by their percentage of fault. For instance, if a pedestrian is found to be 20% at fault for an accident, their compensation will be reduced by 20%.

If a pedestrian is more than 50% responsible for the accident, they cannot recover damages from the other party.

What Is the Statute of Limitations on Pedestrian Accident Cases in New Jersey?

In New Jersey, the statute of limitations for filing a pedestrian accident injury lawsuit is two years from the date of the accident. Failing to file within this period can result in the loss of the right to sue.

Common Types of Pedestrian Accidents in New Jersey

Crosswalks are a frequent site for pedestrian accidents. Despite laws requiring vehicles to yield to pedestrians in crosswalks, failures to observe these rules can lead to collisions. Drivers may be distracted, or pedestrians might step into the crosswalk without noticing oncoming traffic. Vigilance from both parties is crucial in these zones.

Speeding and reckless driving, including drunk or impaired driving, significantly increase the risk of pedestrian accidents. High speeds reduce a driver’s reaction time and ability to stop, making pedestrian collisions more likely and more severe. Impaired driving further exacerbates this risk, as it affects a driver’s judgment and reaction times.

Pedestrians walking along roadways, especially where sidewalks are absent or inadequate, face higher risks. Drivers may not expect pedestrians in these areas, leading to accidents. Pedestrians should always walk facing traffic and wear visible clothing to increase their safety.

Accidents often occur when vehicles make turns at intersections. Drivers focused on navigating the turn may fail to notice pedestrians crossing the road. Pedestrians should be extra cautious at intersections and make eye contact with drivers when possible to ensure they are seen.

Understanding how right-of-way changes with different traffic signals is vital. 

  • At a green light, pedestrians have the right of way in a crosswalk. However, turning vehicles may still pose a risk. 
  • At red lights, pedestrians should not cross until the signal changes, but drivers turning right on red must still yield to pedestrians. 
  • Pedestrians must always adhere to walk signals at intersections and remain alert to changing traffic conditions.

Common failures to exercise reasonable care include jaywalking, ignoring walk signals at intersections, and being distracted by smartphones or headphones. New Jersey law requires pedestrians to use crosswalks and obey traffic signals. Additionally, pedestrians should stay alert and avoid distractions, especially when crossing streets.

 

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Common Injuries From a Pedestrian Accident

Pedestrian accidents can result in a range of injuries, some of which may have long-term consequences. Common pedestrian accident injuries include:

    • Head Injuries: Including concussions and traumatic brain injuries.
    • Broken Bones: Often in the legs, arms, or ribs.
    • Spinal Cord Injuries: Which can lead to paralysis or other serious and permanent conditions.
    • Internal Injuries: Such as internal bleeding or organ damage.
    • Cuts and Bruises: Ranging from minor to severe.
    • Psychological Trauma: Including PTSD and anxiety disorders.
    • Wrongful Death

 

How Can I Get Compensation From a Pedestrian Accident?

Victims of pedestrian accidents in New Jersey can seek compensation for various damages, including (but not limited to):

  • Medical Expenses: Covering both current and future medical treatments.
  • Lost Wages: Compensation for time off work and potential loss of earning capacity.
  • Pain and Suffering: For physical pain and emotional distress.
  • Loss of Quality of Life: If the injuries lead to long-term disability or lifestyle changes.

Contact our pedestrian accident attorneys for a more accurate estimate of what your compensation should be. Every case is unique and total compensation for a pedestrian accident case can vary significantly. The unique details of your case will ultimately determine how much compensation you should expect. 

We’ve recovered over $150 million in settlements for our clients!

Broken Ankle

$180,000

Herniated Disc With Surgery

$450,000

Neck Injury

$255,000

Broken Leg

$150,000

Knee Injury

$325,000

Neck Injury

$400,000

Ankle Injury

$350,000

Wrist Injury

$225,000

Arm Injury

$250,000

Leg Injury

$700,000

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Who Is Liable for a Pedestrian Accident?

Determining liability in a pedestrian accident involves proving negligence. This requires showing that:

  • Duty of Care: The driver owed a duty of care to the pedestrian.
  • Breach of Duty: The driver breached that duty, perhaps by speeding or not yielding.
  • Causation: The breach directly caused the accident and the pedestrian’s injuries.
  • Damages: The pedestrian suffered actual damages, such as medical costs or lost income.

Contact the New Jersey Pedestrian Injury Attorneys at Peter N. Davis & Associates 

If you or a loved one has been injured in a pedestrian accident, the New Jersey pedestrian injury attorneys at Peter N. Davis & Associates are committed to helping you navigate the complexities of your case and fight for the compensation you deserve. Contact us today for a consultation and let us advocate for your rights and recovery.