New Jersey Personal Injury Lawyer’s Guide to Pedestrian Accidents: Claims, Compensation, and Legal Strategies

🚶 Understanding Pedestrian Accidents in New Jersey

Pedestrian accidents are among the most severe traffic incidents in New Jersey. Due to the lack of protection, pedestrians often suffer catastrophic injuries, leading to extensive medical bills and long-term rehabilitation.

Key causes of pedestrian accidents include:
✅ Distracted driving
✅ Speeding in residential areas
✅ Failure to yield at crosswalks
✅ Driving under the influence
✅ Poorly maintained roads and signage

Understanding your rights after a pedestrian accident is essential to ensuring fair compensation for damages suffered.

⚖️ Legal Basis for Pedestrian Accident Claims

In New Jersey, liability in pedestrian accidents is based on negligence. To pursue a claim, you must prove:
✔️ The driver owed a duty of care
✔️ The driver breached this duty (e.g., ran a red light)
✔️ The breach caused your injury
✔️ You suffered damages

New Jersey follows a modified comparative negligence rule (N.J.S.A. 2A:15-5.1). If you are found partially at fault, your compensation may be reduced proportionally. However, if you're more than 50% at fault, you may not recover damages.

📜 Steps to Take After a Pedestrian Accident

Taking the right steps immediately after an accident can significantly impact your legal claim:

✅ Seek Medical Attention – Even if injuries seem minor, a medical evaluation is crucial for both health and documentation.
✅ Report to the Police – A police report can serve as vital evidence in proving liability.
✅ Gather Evidence – Take photos of the accident scene, injuries, and vehicle involved.
✅ Collect Witness Statements – Eyewitness accounts can strengthen your claim.
✅ Contact an Experienced Attorney – Legal guidance ensures you don’t settle for less than what you deserve.

💰 Compensation Available in Pedestrian Accident Claims

Victims of pedestrian accidents in New Jersey may be entitled to several types of compensation:

🔹 Medical Expenses – Covers hospital visits, surgeries, medications, rehabilitation, and therapy.
🔹 Lost Wages – Compensation for work missed due to injuries.
🔹 Pain and Suffering – Non-economic damages for emotional distress and reduced quality of life.
🔹 Property Damage – Reimbursement for damaged personal items such as cellphones or clothing.
🔹 Future Medical Costs – For long-term disabilities requiring ongoing treatment.
🔹 Wrongful Death Damages – If a pedestrian dies, their family may claim funeral expenses and loss of income support.

New Jersey follows a no-fault insurance system, meaning Personal Injury Protection (PIP) coverage may provide initial medical expense coverage. However, serious injuries often justify pursuing additional damages from the at-fault party.

📝 How to File a Pedestrian Accident Claim

The claims process involves multiple steps to ensure you receive fair compensation:

1️⃣ Notify Insurance Companies – Report the accident to your insurer as soon as possible.
2️⃣ Consult an Attorney – A lawyer can assess your case value and negotiate with insurers.
3️⃣ File Necessary Documents – Include police reports, medical bills, and proof of lost wages.
4️⃣ Negotiate a Settlement – Insurance companies may offer low initial settlements; an attorney can fight for a higher offer.
5️⃣ Consider Litigation if Necessary – If settlement negotiations fail, you may need to file a lawsuit.

New Jersey has a two-year statute of limitations (N.J.S.A. 2A:14-2) for personal injury claims, so acting promptly is essential.

🛑 Common Defenses Used by Insurance Companies

Insurance companies often attempt to reduce payouts using various defenses:

🚧 Comparative Negligence – They may argue that the pedestrian was partially or fully responsible (e.g., jaywalking).
🚧 Pre-Existing Conditions – Insurers may claim your injuries were not entirely caused by the accident.
🚧 Failure to Seek Medical Attention – A delay in treatment could be used as evidence that injuries were not severe.
🚧 Disputing Liability – They might deny that their policyholder was at fault or challenge the evidence presented.

Having an experienced lawyer can help counter these strategies and maximize your claim.

🔍 Legal Strategies to Maximize Your Compensation

To ensure the best possible outcome in your pedestrian accident claim, consider these strategies:

✔️ Preserve Evidence Early – Secure video footage from nearby surveillance cameras before it’s erased.
✔️ Work with Medical Experts – Professional testimony can validate the severity of injuries.
✔️ Calculate Full Damages – Future medical expenses, lost earning capacity, and non-economic losses should all be considered.
✔️ Avoid Speaking Directly with Insurers – Anything you say could be used against you to minimize compensation.

An attorney can negotiate aggressively and take the case to court if needed.

🏛️ When to Take a Pedestrian Accident Case to Court

If settlement negotiations fail or the insurance company disputes liability, filing a lawsuit may be necessary. The litigation process involves:

✔️ Filing the Complaint – A formal document outlining your claims against the at-fault party.
✔️ Discovery Phase – Both sides exchange evidence and interview witnesses under oath.
✔️ Mediation & Negotiation – The court may encourage settlement discussions before trial.
✔️ Trial Proceedings – If no settlement is reached, a judge or jury determines the outcome of your claim.

While most cases settle out of court, preparing for trial increases negotiation leverage.

📅 Statute of Limitations and Exceptions

New Jersey imposes strict deadlines for filing a pedestrian accident claim:

⏳ Personal Injury Claims: Two years from the accident date (N.J.S.A. 2A:14-2).
⏳ Wrongful Death Claims: Two years from the date of death (N.J.S.A. 2A:31-1).

However, some exceptions apply:
🔹 If the victim is a minor, the statute extends until their 18th birthday.
🔹 If injuries are discovered later (e.g., internal damage), the discovery rule may allow extensions.

Delaying action can jeopardize your ability to recover compensation.

🏥 Special Considerations for Hit-and-Run Accidents

If the driver who caused the pedestrian accident flees the scene:

🚗 File a Police Report Immediately – Law enforcement may track down the responsible party using traffic camera footage.
🚗 Check Your Own Insurance Policy – Uninsured Motorist (UM) coverage may apply if the driver remains unidentified.
🚗 Gather Any Available Witness Statements – Eyewitness accounts can assist investigations.

An attorney can help explore alternative compensation options.

🧐 Should You Accept an Insurance Settlement?

Insurance companies often offer settlements that are far lower than what victims deserve:

🔸 Never accept an offer without consulting an attorney.
🔸 Evaluate whether medical treatment will be required long-term before settling.
🔸 Insurance adjusters aim to protect company profits—be cautious of quick lowball offers.

A legal professional ensures your settlement reflects all financial and emotional losses incurred.