Newark Pedestrian Accident: Woman Critically Injured on Market Street, Legal Options

Introduction

A pedestrian accident can change a life in an instant. In a recent incident on Market Street in Newark, a woman suffered critical injuries after being struck by a vehicle. This unfortunate event highlights the vulnerability of pedestrians and the importance of understanding legal options in the aftermath of such accidents. According to the New Jersey State Police, over 175 pedestrians are killed annually on New Jersey roads, with thousands more injured each year, making pedestrian safety a pressing concern, especially in densely populated urban areas.

Understanding the Incident on Market Street

On January 5, 2026, a woman was critically injured on the 300 block of Market Street in Newark around 1:28 a.m. While attempting to retrieve an item near a stopped vehicle, the driver moved forward, trapping her underneath. Emergency responders transported her to University Hospital, where she was listed in critical condition. The Newark Police are still investigating the circumstances surrounding the accident.

Pedestrian Rights and Responsibilities in New Jersey

New Jersey law protects pedestrians, granting them the right-of-way in marked crosswalks. Drivers must stop and remain stopped for pedestrians in crosswalks. At unmarked crosswalks at intersections, drivers must yield to pedestrians who have already begun crossing.

However, pedestrians also have responsibilities. They cannot suddenly leave the curb and enter the path of a vehicle, making it impossible for the driver to stop safely. Pedestrians must also obey traffic signals and use sidewalks when available.

Liability in Pedestrian Accidents

Determining liability is crucial in pedestrian accident cases. In New Jersey, drivers are legally required to yield to pedestrians in crosswalks and exercise due care to avoid collisions. Several factors can contribute to driver negligence, including:

Distracted driving: Texting, talking on the phone, or other distractions.
Failure to yield: Not yielding to pedestrians in crosswalks or intersections.
Speeding: Driving too fast for the conditions.
Driving under the influence: Alcohol or drugs impairing judgment and reaction time.
Poor visibility: Driving in low-light conditions or adverse weather.

However, New Jersey follows a modified comparative negligence rule. If a pedestrian is partially at fault for the accident, their compensation may be reduced by their percentage of fault. If the pedestrian is found to be more than 50% at fault, they cannot recover any damages.

Legal Options for Injured Pedestrians

If you or a loved one has been injured in a pedestrian accident in Newark, you have several legal options to pursue compensation for your injuries and losses.

Personal Injury Lawsuit

A personal injury lawsuit can help you recover damages such as:

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.

No-Fault Insurance

New Jersey is a no-fault insurance state, meaning your own Personal Injury Protection (PIP) coverage may initially cover your medical bills, regardless of who was at fault for the accident. However, if your injuries are severe or permanent, you may pursue additional claims against the at-fault driver.

Steps to Take After a Pedestrian Accident

Seek Medical Attention: Even if you feel fine, seek immediate medical attention. Internal injuries or concussions may not be immediately obvious.
Call Law Enforcement: A police report provides an official account of the accident.
Document the Scene: Take photos of the vehicle, crosswalk, traffic signals, and your injuries, if possible.
Gather Witness Information: Neutral witnesses can play a key role in determining fault.
Consult with an Attorney: An experienced personal injury attorney can evaluate your case, protect your rights, and help you pursue fair compensation.

The Role of a Personal Injury Attorney

Navigating the legal process after a pedestrian accident can be complex. A personal injury attorney can help you by:

Investigating the accident thoroughly: Gathering evidence, witness statements, and traffic camera footage.
Negotiating with insurance companies: Challenging unfair tactics and pursuing maximum compensation.
Filing a lawsuit: Representing you in court if a fair settlement cannot be reached.
Providing legal expertise: Ensuring you understand your rights and options.

Statute of Limitations

In New Jersey, the statute of limitations for personal injury claims is generally two years from the date of the accident. Missing this deadline may prevent you from pursuing legal action. Consulting with an attorney early on helps ensure your claim is filed on time.

Seeking Justice and Fair Compensation

Pedestrian accidents can have devastating consequences, leaving victims with serious injuries, financial burdens, and emotional distress. Understanding your rights and legal options is essential to seeking justice and fair compensation. If you or a loved one has been involved in a pedestrian accident in Newark, consulting with an experienced personal injury attorney can provide invaluable guidance and support throughout the legal process.