Ocean Township Pedestrian Fatality: Filing a Wrongful Death Claim

Ocean Township Pedestrian Fatality: Filing a Wrongful Death Claim

Losing a loved one is an indescribably painful experience. When that loss is sudden and results from a pedestrian accident in Ocean Township, NJ, the grief can be compounded by confusion and uncertainty. If you believe the fatality was due to someone else’s negligence, you may have grounds to file a wrongful death claim. Understanding your legal rights and the steps involved is crucial during this difficult time.

The Heartbreaking Reality of Pedestrian Fatalities

Pedestrian fatalities are a growing concern in New Jersey. Busy intersections and roadways, like those in Ocean Township, pose significant risks to those traveling on foot. In fact, New Jersey State Police statistics show a concerning increase in pedestrian deaths in recent years. In 2021, the state saw the highest number of pedestrian fatalities since 1989. This alarming trend underscores the need for increased awareness and vigilance, both on the part of drivers and pedestrians.

A recent tragedy in Ocean Township highlights this issue. On November 4, 2025, Amatullah B. Morejon, a 26-year-old woman, was fatally struck by an SUV while crossing Sunset Avenue at the intersection of Route 35. This devastating incident serves as a stark reminder of the potential consequences of negligence and the importance of understanding your legal options if you experience a similar loss.

What Constitutes a Wrongful Death in New Jersey?

In New Jersey, a “wrongful death” is defined as a death caused by the “wrongful act, neglect, or default” of another party. This means that if a person’s death results from someone else’s negligence, their estate has the right to bring a wrongful death lawsuit against the responsible party. A wrongful death claim can be pursued if the victim could have filed a personal injury lawsuit against the negligent party had they survived.

Common examples of situations that may lead to a wrongful death claim include:

  • Car accidents: Fatal collisions caused by reckless or distracted drivers.
  • Truck accidents: Accidents involving large commercial vehicles, often due to driver fatigue or negligence.
  • Medical malpractice: Errors by healthcare professionals that result in a patient’s death.
  • Construction accidents: Workplace incidents caused by unsafe conditions or negligence.
  • Slip and falls: Fatal falls resulting from hazardous property conditions.

Establishing Negligence in a Pedestrian Fatality Case

To successfully pursue a wrongful death claim in New Jersey, you must prove that the defendant’s negligence directly caused the death. This involves demonstrating the following four elements:

  1. Duty of Care: The defendant owed a duty of care to the deceased. For example, drivers have a legal duty to operate their vehicles safely and obey traffic laws to avoid harming pedestrians.
  2. Breach of Duty: The defendant breached this duty of care through negligent or intentional actions. This could include speeding, distracted driving, or failing to yield the right of way.
  3. Causation: The defendant’s breach of duty directly caused the pedestrian’s death. There must be a clear link between the negligent act and the fatal injury.
  4. Damages: The surviving family members suffered quantifiable losses as a result of the death. These losses can include medical expenses, funeral costs, lost income, and loss of companionship.

Who Can File a Wrongful Death Claim?

In New Jersey, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This is typically the executor named in the will. If there is no will, the court will appoint an administrator. The personal representative brings the lawsuit on behalf of the surviving family members who are entitled to inherit from the deceased under New Jersey’s intestacy laws.

Those who can recover damages through a wrongful death lawsuit typically include the deceased’s:

  • Spouse
  • Children (biological or adopted)
  • Parents (in some cases)
  • Other relatives or dependents who were financially supported by the deceased

Types of Compensation Available in a Wrongful Death Claim

If a wrongful death claim is successful, the surviving family members may be entitled to compensation for various damages, including:

  • Economic Damages:
    • Lost wages: Compensation for the income the deceased would have earned had they lived.
    • Loss of support: Compensation for the financial contributions the deceased would have provided to their family.
    • Medical expenses: Reimbursement for medical bills incurred as a result of the accident.
    • Funeral and burial expenses: Coverage of the costs associated with the funeral and burial.
    • Loss of valued household services: Compensation for the loss of services the deceased provided, such as childcare or home maintenance.
  • Non-Economic Damages:
    • Loss of companionship, guidance, care, and comfort: Compensation for the emotional losses suffered by the family due to the death of their loved one.

It’s important to note that New Jersey law generally excludes recovery for the emotional distress and pain and suffering of the surviving family members, with limited exceptions such as when a family member witnesses the death and suffers severe emotional distress as a result. However, a “survival action” may be pursued alongside a wrongful death claim to recover damages for the pain and suffering the deceased endured before death.

The Statute of Limitations: Act Promptly

In New Jersey, the statute of limitations for filing a wrongful death claim is generally two years from the date of the person’s death. This means that you must file a lawsuit within two years of the date of death, or you may lose your right to seek compensation.

There are some exceptions to this rule, such as when the claimant is a minor or suffers from a physical or mental disability. It’s crucial to consult with an attorney as soon as possible to determine the applicable statute of limitations in your case and ensure that you do not miss the deadline.

The Role of Expert Witnesses

Expert witnesses can play a crucial role in pedestrian accident cases, providing specialized knowledge and opinions to help establish liability and damages. Some common types of expert witnesses in these cases include:

  • Accident Reconstruction Experts: These experts can analyze the accident scene, vehicle damage, and other evidence to recreate the events leading up to the collision and determine the cause.
  • Medical Experts: Medical professionals can provide testimony about the severity of the victim’s injuries, the cause of death, and the medical expenses incurred.
  • Economic Experts: Economists can calculate the economic losses suffered by the surviving family members, such as lost wages and loss of support.
  • Vocational Experts: These experts can assess the deceased’s earning potential and provide opinions on their future income prospects.

Common Causes of Pedestrian Accidents

Understanding the common causes of pedestrian accidents can help prevent future tragedies and strengthen a wrongful death claim. Some of the most frequent factors contributing to these accidents include:

  • Driver Negligence:
    • Distracted driving: Texting, using a mobile device, or engaging in other activities that take the driver’s attention away from the road.
    • Speeding: Driving too fast for the conditions, reducing reaction time and increasing the severity of impact.
    • Failure to yield: Not yielding the right of way to pedestrians in crosswalks or intersections.
    • Impaired driving: Driving under the influence of alcohol or drugs, which impairs judgment and coordination.
    • Reckless driving: Engaging in dangerous behaviors such as running red lights or weaving through traffic.
  • Environmental Factors:
    • Low visibility: Poor lighting, weather conditions (fog, rain, snow), or obstructions that make it difficult for drivers to see pedestrians.
    • Unsafe road design: Inadequate signage, poorly marked crosswalks, or lack of sidewalks.
  • Pedestrian Actions:
    • Failure to obey traffic signals: Crossing against a red light or “Don’t Walk” signal.
    • Crossing outside of crosswalks: Jaywalking or crossing in areas not designated for pedestrian traffic.
    • Distraction: Walking while using a mobile device or otherwise not paying attention to surroundings.
    • Impairment: Walking under the influence of alcohol or drugs, which impairs judgment and coordination.

Seeking Legal Assistance

Filing a wrongful death claim can be a complex and emotionally challenging process. It’s essential to seek the guidance of an experienced New Jersey wrongful death attorney who can:

  • Investigate the accident and gather evidence to support your claim.
  • Determine all potential liable parties.
  • Calculate the full extent of your damages.
  • Negotiate with insurance companies on your behalf.
  • File a lawsuit and represent you in court, if necessary.

Losing a loved one in a pedestrian accident is a devastating experience. While no amount of money can replace your loss, a wrongful death claim can help you obtain financial security and hold the responsible parties accountable. Contact a qualified attorney today to discuss your legal options and begin the process of seeking justice for your loved one.