Practice Areas
Pedestrian
Accidents
New Jersey law protects pedestrians with strong liability standards and the right to full compensation when drivers fail to yield or exercise proper care. If you were injured as a pedestrian, you have rights.
Right of Way
Pedestrians have right of way in crosswalks and at intersections
Statute
2 years from date of injury to file a personal injury claim
Fee
No fee unless we win — zero financial risk to you
Damages
Medical costs, lost wages, pain and suffering, permanent disability
New Jersey's pedestrian protection laws place a high duty of care on drivers and provide strong remedies for injured pedestrians. The law recognizes that pedestrians are vulnerable road users who deserve special protection.
New Jersey pedestrian accident law is governed by N.J.S.A. 39:4-36, which requires drivers to yield right of way to pedestrians in crosswalks, and N.J.S.A. 39:4-32, which mandates that drivers exercise due care to avoid colliding with pedestrians. The state follows a comparative negligence standard under N.J.S.A. 2A:15-5.1, meaning pedestrians can recover damages even if they bear some responsibility for the accident, as long as they are less than 50% at fault.
Compensation in pedestrian accident cases typically covers all medical expenses including emergency treatment, surgery, rehabilitation, and ongoing care, lost wages and diminished earning capacity, pain and suffering, permanent disability or disfigurement, and in severe cases, loss of consortium for family members. New Jersey courts recognize that pedestrian injuries are often catastrophic due to the vulnerability of the human body against motor vehicles, leading to substantial damage awards for serious injuries.
The primary challenge in pedestrian cases is often the insurance company's attempt to shift blame to the pedestrian, claiming jaywalking, distraction, or failure to look both ways. Gathering evidence quickly is crucial — surveillance footage, witness statements, and accident scene documentation can disappear rapidly. Additionally, New Jersey's no-fault insurance system means your own PIP coverage pays initial medical bills regardless of fault, but this coverage is limited and doesn't address pain and suffering or long-term disability.
The Law
What you
need to know
01
Crosswalk Accidents
Driver fails to yield to pedestrian in marked crosswalk. These cases often involve clear liability since pedestrians have absolute right of way.
02
Intersection Collisions
Pedestrian struck while crossing at intersection with walk signal. Driver liability typically clear when pedestrian has proper signal.
03
Parking Lot Incidents
Vehicle strikes pedestrian in shopping center or parking garage. Drivers must exercise extreme caution in pedestrian-heavy areas.
04
School Zone Accidents
Child pedestrian injured near school or bus stop. Enhanced penalties and liability standards apply in school zones.
05
Hit and Run
Driver flees scene after striking pedestrian. Uninsured motorist coverage and state victim compensation may apply.
06
Distracted Driving
Driver using phone or GPS strikes pedestrian on sidewalk or shoulder. Technology-related negligence cases are increasingly common.
Cases we handle
Common scenarios
What to expect
How the
process works
Immediate Medical Care
Seek emergency medical attention even if injuries seem minor — adrenaline can mask serious trauma. Call 911 to create an official accident report. Document all medical treatment as this forms the foundation of your injury claim.
Preserve Evidence
Photograph the accident scene, your injuries, and any vehicle damage if possible. Get driver's insurance information and witness contact details. Security cameras and traffic cameras may capture the incident — we can help preserve this footage.
Contact Our Firm
Call us before speaking with any insurance companies. Insurance adjusters will contact you quickly and may try to minimize your claim or get recorded statements that could hurt your case later.
Investigation and Claim Development
We conduct a thorough investigation, gather all medical records, consult with accident reconstruction experts if needed, and calculate your full damages including future medical needs and lost earning capacity.
Settlement Negotiation or Trial
We present a comprehensive demand to the at-fault driver's insurance company. Most cases settle through negotiation, but we prepare every case for trial to ensure maximum recovery for your injuries.
Questions
Frequently
asked
-
Yes, you may still have a valid claim. New Jersey follows comparative negligence rules, meaning you can recover damages as long as you were less than 50% at fault. Even if you were jaywalking, the driver still had a duty to exercise reasonable care to avoid hitting you.
-
You generally have two years from the date of the accident to file a personal injury lawsuit. However, it's important to contact an attorney much sooner — evidence disappears, witnesses forget details, and insurance companies move quickly to minimize claims.
-
If you have Personal Injury Protection (PIP) coverage on your auto policy, it will cover initial medical bills and lost wages regardless of fault. However, PIP coverage is limited and doesn't compensate for pain and suffering or permanent disability — you'll need to pursue the at-fault driver for full compensation.
-
You may still have options through your own uninsured/underinsured motorist coverage if you have auto insurance. New Jersey also has a victim compensation fund for certain violent crimes. We can explore all available sources of recovery for your injuries.
-
Compensation varies widely based on injury severity, medical costs, lost wages, and long-term impact on your life. Pedestrian accidents often result in serious injuries due to the vulnerability of the human body, potentially leading to substantial settlements for medical expenses, disability, and pain and suffering.
-
Nothing upfront. We work on a contingency fee basis, meaning we only get paid if we recover compensation for you. The initial consultation is free, and there's no financial risk in calling us to discuss your case.
Free Consultation
Injured in apedestrian accident?
Tell us what happened. We'll give you an honest assessment - no pressure, no obligation, and no fee unless we recover for you. We're available by phone or at our offices, and we're happy to meet you wherever is most convenient.
Call Us Directly
(973) 401-0064