Pedestrian Accidents in New Jersey: Rights and Compensation

Pedestrian accidents are among the most devastating traffic incidents. Unlike drivers and passengers in vehicles, pedestrians have no physical protection when struck by a car, truck, or motorcycle. The result is often catastrophic injuries, long recovery periods, and overwhelming medical costs. New Jersey’s dense population and busy roadways, especially in cities like Newark, Jersey City, and Paterson, make pedestrian safety a pressing concern.

For victims and families, understanding their legal rights and available compensation is critical to rebuilding after such a traumatic event.

The Scope of Pedestrian Accidents in New Jersey

Pedestrian crashes are not rare in the state. According to the New Jersey State Police, more than 175 pedestrians are killed annually on New Jersey roads, with thousands more injured each year. Urban areas account for the majority of these accidents due to high traffic density, crosswalk congestion, and distracted driving.

Factors that often contribute include:

• Distracted driving, such as texting behind the wheel
• Failure to yield at crosswalks or intersections
• Speeding in residential or urban areas
• Driving under the influence of alcohol or drugs
• Poor visibility, especially at night or during bad weather

For pedestrians, these risks are magnified by the sheer vulnerability of being unprotected in traffic.

What to Do Immediately After a Pedestrian Accident

The moments following a pedestrian accident are often chaotic and frightening. Taking the right steps can help protect both health and legal rights:

1. Seek medical care immediately. Even if injuries seem minor, internal injuries or concussions may not be immediately obvious.
2. Call law enforcement. A police report will provide an official account of the accident.
3. Document the scene. Take photos of the vehicle, crosswalk, traffic signals, and injuries if possible.
4. Gather witness information. Neutral witnesses can play a key role in determining fault.
5. Exchange information. Obtain the driver’s license, insurance, and vehicle details.
6. Avoid making statements. Do not admit fault or speculate about what happened. Statements may be used against you later.

Understanding Liability in Pedestrian Accidents

In New Jersey, drivers are legally required to yield to pedestrians in crosswalks and exercise due care to avoid collisions. However, liability is not always straightforward.

• Driver negligence: If the driver was speeding, distracted, or impaired, they may be held liable.
• Comparative negligence: New Jersey follows a modified comparative negligence rule. If a pedestrian is found partially at fault (e.g., crossing outside a designated crosswalk), compensation may be reduced by their percentage of fault.
• Municipal liability: In rare cases, poorly maintained sidewalks, malfunctioning traffic signals, or inadequate signage may make a city or municipality partly responsible.

Compensation Available to Pedestrian Victims

Injured pedestrians may be entitled to compensation through insurance claims or personal injury lawsuits. Damages may include:

• Medical expenses: Hospitalization, surgery, rehabilitation, and long-term care
• Lost wages: Compensation for missed work and reduced earning capacity
• Pain and suffering: Physical pain, emotional distress, and reduced quality of life
• Wrongful death damages: In fatal accidents, families may pursue compensation for funeral costs, loss of support, and emotional loss

New Jersey is a no-fault insurance state, which means Personal Injury Protection (PIP) coverage from the pedestrian’s own insurance may pay medical bills initially. However, if injuries are severe or permanent, victims may pursue additional claims against the at-fault driver.

Challenges Pedestrian Victims Often Face

Despite clear laws protecting pedestrians, accident victims often face obstacles in securing fair compensation:

• Insurance companies may minimize payouts, arguing the pedestrian was partly at fault.
• Delays in medical documentation can give insurers grounds to dispute injury severity.
• Municipal claims have strict deadlines—sometimes as short as 90 days—to file notice of intent.

Because of these complexities, victims often benefit from working with an attorney familiar with pedestrian accident claims in New Jersey.

Preventing Pedestrian Accidents

While legal remedies are available, prevention remains the best defense. Safety experts recommend:

• Always using designated crosswalks
• Making eye contact with drivers before crossing
• Wearing visible clothing at night
• Avoiding distractions such as headphones or texting while walking

For drivers, awareness is equally crucial. Yielding at crosswalks, obeying speed limits, and avoiding distractions can significantly reduce pedestrian fatalities.

Why Legal Representation Matters

Pedestrian accident claims often involve high medical costs and complex disputes over fault. Insurance adjusters may attempt to shift blame to avoid paying full compensation. An experienced attorney can:

• Investigate the accident thoroughly
• Secure witness statements and traffic camera footage
• Challenge unfair insurance tactics
• Pursue maximum compensation in settlement negotiations or trial

Protecting Your Rights in New Jersey

Pedestrian accidents carry lifelong consequences. Medical bills, lost income, and physical pain can overwhelm victims and families. New Jersey law provides avenues for recovery, but asserting those rights often requires strong advocacy.

Gregg A. Wisotsky, Esq. has extensive experience helping injury victims in New Jersey, including pedestrians hurt in accidents. He offers dedicated legal support to ensure clients understand their rights and receive the compensation they deserve.

For a free consultation, call 973-898-0161 today.