Jersey City, NJ: Filing a Pedestrian Accident Injury Claim

Walking around Jersey City offers a unique way to experience the city’s vibrant culture and diverse neighborhoods. However, with a high population density and busy streets, pedestrians are unfortunately vulnerable to accidents. If you or a loved one has been injured as a pedestrian in Jersey City, understanding the process of filing an injury claim is crucial to securing the compensation you deserve.

The Alarming Reality: Pedestrian Accidents in New Jersey

New Jersey has seen a concerning rise in pedestrian fatalities in recent years. In 2024, 221 pedestrians died in New Jersey, a 29% increase compared to 2023. This surge highlights the importance of pedestrian safety and the need for increased awareness among both drivers and pedestrians. While Jersey City has made strides in pedestrian safety through its Vision Zero initiative, accidents still occur, emphasizing the need to understand your legal rights if you’re involved in a pedestrian accident.

Understanding New Jersey’s Pedestrian Laws

New Jersey law protects pedestrians and outlines the responsibilities of both drivers and pedestrians to ensure safety on the roads. According to New Jersey Statute 39:4-36, drivers must yield the right-of-way to pedestrians in marked crosswalks and at intersections with no traffic signals. This means drivers must stop and remain stopped to allow pedestrians to safely cross the street.

Key points of New Jersey Pedestrian Laws:

Right-of-Way: Pedestrians have the right-of-way in marked crosswalks and unmarked crosswalks at intersections.
Stop and Stay Stopped Law: Drivers must come to a complete stop at crosswalks to allow pedestrians to cross safely.
Pedestrian Signals: Pedestrians must obey traffic signals and crosswalk signals.
Safe Passing Law: Drivers must approach and pass pedestrians with “due caution,” leaving at least four feet of space when possible or reducing their speed to 25 mph and being prepared to stop.

Pedestrians also have responsibilities. They should use crosswalks whenever available and obey pedestrian signals. Jaywalking, or crossing streets outside of marked crosswalks, is illegal and increases the risk of accidents.

Common Causes of Pedestrian Accidents in Jersey City

Several factors can contribute to pedestrian accidents. Some of the most common causes include:

Distracted Driving: Drivers distracted by cell phones, passengers, or other factors may fail to see pedestrians.
Failure to Yield: Drivers failing to yield the right-of-way to pedestrians in crosswalks or intersections.
Speeding: Speeding drivers have less time to react to pedestrians and are more likely to cause severe injuries in an accident.
Drunk or Drugged Driving: Intoxicated drivers have impaired judgment and reaction times, making them a significant danger to pedestrians.
Turning Vehicles: Drivers making turns at intersections often fail to see pedestrians crossing in the crosswalk.
Poor Visibility: Low light conditions, inclement weather, or obstructions can make it difficult for drivers to see pedestrians.

Steps to Take After a Pedestrian Accident

If you’ve been involved in a pedestrian accident in Jersey City, taking the following steps can protect your health and your legal rights:

Seek Medical Attention: Your health is the top priority. Even if you don’t think you’re seriously injured, see a doctor as soon as possible. Some injuries may not be immediately apparent.
Report the Accident: Call the police and file a report. A police report can provide valuable documentation of the accident.
Gather Information: If possible, collect information from the driver, including their name, insurance information, and driver’s license number. Also, get contact information from any witnesses to the accident.
Document the Scene: Take photos or videos of the accident scene, including any visible injuries, vehicle damage, and traffic signals or signs.
Do Not Admit Fault: Avoid making any statements that could be interpreted as admitting fault for the accident.
Contact a Personal Injury Lawyer: An experienced Jersey City pedestrian accident lawyer can advise you of your rights and help you navigate the claims process.

Filing a Pedestrian Accident Injury Claim in New Jersey

Filing a pedestrian accident injury claim in New Jersey involves several steps:

Investigating the Accident: Your attorney will investigate the accident to gather evidence and determine who was at fault. This may involve reviewing police reports, interviewing witnesses, and consulting with accident reconstruction experts.
Determining Liability: New Jersey is a “fault” state, meaning that the person responsible for the accident is liable for the damages. To pursue a claim, you must prove that the other party’s negligence caused your injuries.
Negotiating with the Insurance Company: Your attorney will negotiate with the at-fault party’s insurance company to reach a fair settlement. Insurance companies often try to minimize payouts, so it’s essential to have an experienced advocate on your side.
Filing a Lawsuit: If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit to pursue your claim in court.

Understanding New Jersey’s “Serious Injury” Threshold

New Jersey’s “no-fault” insurance laws can complicate pedestrian accident claims. Injured pedestrians can only sue a driver if their injuries meet New Jersey’s “serious injury” threshold. This threshold includes injuries that result in:

Permanent injury or disability
Loss of a limb
Significant scarring or disfigurement
Fractures
Death

If your injuries do not meet this threshold, your legal options may be limited to filing a claim with your own insurance company for Personal Injury Protection (PIP) benefits.

Damages You Can Recover in a Pedestrian Accident Claim

If you’ve been injured in a pedestrian accident, you may be entitled to recover compensation for the following damages:

Medical Expenses: This includes past and future medical bills, including hospital stays, doctor visits, physical therapy, and medication.
Lost Wages: You can recover lost income if you’ve been unable to work due to your injuries.
Pain and Suffering: You can be compensated for the physical pain and emotional distress caused by your injuries.
Permanent Disability: If you’ve suffered a permanent disability, you may be entitled to compensation for the impact on your quality of life.
Punitive Damages: In some cases, if the driver’s conduct was particularly egregious (e.g., drunk driving), you may be able to recover punitive damages.

The Statute of Limitations in New Jersey

It’s crucial to be aware of the statute of limitations for filing a pedestrian accident lawsuit in New Jersey. Generally, you have two years from the date of the accident to file a lawsuit. If you fail to file within this timeframe, you may lose your right to recover compensation.

Exceptions to the Statute of Limitations:

Minors: If the injured party is a minor (under 18), the statute of limitations may be paused until their 18th birthday.
Claims Against Government Entities: If the accident was caused by a government entity or employee, you must file a notice of claim within 90 days of the incident.

Why You Need a Jersey City Pedestrian Accident Lawyer

Filing a pedestrian accident injury claim can be complex, especially when dealing with insurance companies and navigating New Jersey’s legal system. An experienced Jersey City pedestrian accident lawyer can:

Investigate your accident and gather evidence.
Determine liability and identify all responsible parties.
Negotiate with the insurance company to protect your rights.
File a lawsuit and represent you in court, if necessary.
Maximize your compensation for your injuries and losses.

Jersey City’s Commitment to Pedestrian Safety

Jersey City has taken significant steps to improve pedestrian safety through its Vision Zero initiative. This initiative aims to eliminate traffic-related deaths and serious injuries by implementing various safety measures, including:

Redesigning streets to prioritize pedestrian safety.
Installing speed humps to reduce vehicle speeds.
Creating pedestrian-friendly public spaces.
Expanding protected bike lanes.
Increasing parking enforcement to prevent vehicles from blocking crosswalks.

While these efforts are commendable, pedestrian accidents still occur, highlighting the need for continued vigilance and awareness.

Conclusion

If you’ve been injured in a pedestrian accident in Jersey City, don’t hesitate to seek legal assistance. An experienced attorney can help you understand your rights, navigate the claims process, and pursue the compensation you deserve. By taking prompt action and working with a qualified legal professional, you can protect your future and focus on your recovery.