NJ Pedestrian Accidents: What Compensation Can You Claim?

NJ Pedestrian Accidents: What Compensation Can You Claim?

Each year, thousands of pedestrians in New Jersey are injured or killed in traffic accidents. In 2024, New Jersey saw a concerning surge in pedestrian fatalities, reaching a 36-year high. While 2025 saw a decrease in these numbers, the risk remains a serious concern. If you or a loved one has been involved in a pedestrian accident, understanding your rights and the compensation you may be entitled to is crucial.

New Jersey Law and Pedestrian Rights

New Jersey law prioritizes pedestrian safety, requiring drivers to exercise caution and yield the right-of-way to pedestrians in crosswalks, both marked and unmarked. Motorists must stop and stay stopped for pedestrians in marked crosswalks. At unmarked crosswalks, drivers must yield to pedestrians who have already started crossing.

Pedestrian Responsibilities

While drivers have a significant responsibility, pedestrians also have a duty to act responsibly. Pedestrians should utilize sidewalks when available, obey traffic signals, and avoid suddenly entering the roadway in a way that makes it impossible for drivers to stop safely. Jaywalking, or crossing the street illegally, can reduce your chances of recovering compensation if you are hit by a car.

Driver Negligence

Most pedestrian accidents in New Jersey result from driver negligence. Common examples include:

  • Speeding
  • Running red lights or stop signs
  • Driving under the influence of alcohol or drugs
  • Distracted driving (texting, eating, etc.)
  • Failure to yield to pedestrians in crosswalks
  • Making illegal turns

Determining Fault in a Pedestrian Accident

To claim damages in a New Jersey pedestrian accident case, it’s essential to determine who was at fault. While the driver is often at fault, this isn’t always the case. New Jersey follows a modified comparative negligence rule, also known as the 51% rule. This means that a pedestrian can recover damages even if they were partially at fault for the accident, as long as their share of the blame is not more than 50%. However, the compensation will be reduced by their percentage of fault.

For example, if a pedestrian is awarded \$100,000 in damages but is found to be 20% at fault for the accident, their compensation would be reduced to \$80,000. If the pedestrian is found to be 51% or more at fault, they cannot recover any damages.

Compensation Available to Pedestrian Accident Victims

If you’ve been injured as a pedestrian in New Jersey due to someone else’s negligence, you may be entitled to compensation for various damages, including:

  • Medical Expenses: This includes costs for hospitalization, surgery, rehabilitation, physical therapy, medication, and long-term care.
  • Lost Wages: You can recover compensation for lost income if your injuries prevent you from working. This includes both past and future lost earnings.
  • Pain and Suffering: You are entitled to compensation for the physical pain, emotional distress, and reduced quality of life caused by your injuries.
  • Property Damage: If your personal belongings (clothing, electronics, etc.) were damaged in the accident, you can recover the costs of repair or replacement.
  • Wrongful Death Damages: In fatal accidents, the family of the deceased may pursue compensation for funeral costs, loss of financial support, and emotional distress.

New Jersey’s No-Fault Insurance Law and PIP Coverage

New Jersey is a “no-fault” insurance state, which means that your own insurance policy’s Personal Injury Protection (PIP) coverage may initially cover your medical bills, regardless of who was at fault for the accident. PIP coverage extends to pedestrians hit by cars, provided the vehicle involved is insured in New Jersey. However, PIP coverage has limitations and may not fully cover all your losses, especially in cases of severe or permanent injuries.

Filing a Personal Injury Lawsuit

If your injuries are severe or permanent, or if your PIP coverage is insufficient to cover your damages, you may pursue a personal injury lawsuit against the at-fault driver. A successful lawsuit can provide compensation for damages not covered by PIP, such as pain and suffering and lost wages exceeding the PIP limits.

Statute of Limitations

In New Jersey, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. If you fail to file a lawsuit within this timeframe, you may lose your right to recover compensation. There are exceptions to the statute of limitations, such as in cases involving minors. If the claim involves any type of public entity, such as the state, town, city, county etc., there are other notices that must be filed before the two-year statute of limitations.

Claims Against Government Entities

If your accident was caused by the negligence of a government entity (e.g., poorly maintained roads, lack of pedestrian signals), you must file a notice of claim within 90 days of the incident. This is a shorter timeframe than the general statute of limitations, so it’s crucial to act quickly.

Common Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the lack of protection for the pedestrian. Common injuries include:

  • Traumatic Brain Injuries (TBI)
  • Spinal Cord Injuries
  • Broken Bones and Fractures
  • Internal Injuries
  • Soft Tissue Injuries
  • Lacerations and Abrasions
  • Psychological and Emotional Trauma

The Importance of Legal Representation

Navigating the legal process after a pedestrian accident can be complex and challenging. Insurance companies may attempt to minimize payouts or shift blame to the pedestrian. An experienced New Jersey pedestrian accident lawyer can:

  • Investigate the accident thoroughly
  • Gather evidence and witness statements
  • Negotiate with insurance companies
  • File a lawsuit and represent you in court
  • Ensure your rights are protected
  • Maximize your compensation

Preventing Pedestrian Accidents

While legal remedies are available, prevention is always the best approach. Safety tips for pedestrians include:

  • Always cross at designated crosswalks
  • Make eye contact with drivers before crossing
  • Wear visible clothing at night
  • Avoid distractions while walking

Drivers can prevent pedestrian accidents by:

  • Yielding to pedestrians in crosswalks
  • Obeying speed limits
  • Avoiding distractions while driving
  • Being extra cautious at night and in poor weather

Have you been involved in a pedestrian accident?

If you or a loved one has been injured in a pedestrian accident in New Jersey, it is essential to seek legal advice as soon as possible. Contact an experienced New Jersey pedestrian accident lawyer to discuss your rights and options for pursuing compensation. With the help of an attorney, you can navigate the legal process and recover the compensation you deserve.