At Sweet James, we represent pedestrians harmed by negligent drivers and other responsible parties. Our New Jersey pedestrian accident lawyers bring over 25 years of experience helping injury victims pursue compensation after serious accidents.
If you were hit while walking, contact our pedestrian accident lawyers for a free consultation. We can review what happened and explain how New Jersey law may apply to your claim.
Do Pedestrians Always Have the Right of Way in New Jersey?
New Jersey law gives pedestrians important protections, but pedestrians and drivers both have legal duties on the road.
Drivers must exercise care around people walking near traffic. Pedestrians also must follow applicable crossing rules. For example, when a pedestrian crosses outside a marked or unmarked crosswalk at an intersection, New Jersey law generally requires the pedestrian to yield to vehicles on the roadway.
That does not mean crossing outside a marked crosswalk automatically defeats an injury claim. Fault must be evaluated based on the circumstances. A New Jersey pedestrian hit by a car lawyer can examine evidence to determine who was responsible.
What If the Driver Says You Caused the Accident?
Insurance companies may try to place some or all of the responsibility on the pedestrian. They might argue that you entered traffic unexpectedly or failed to use an available crosswalk.
New Jersey follows a modified comparative–negligence rule. You may still recover compensation if your negligence was not greater than the negligence of the defendant or the combined negligence of the defendants from whom you seek recovery. Your damages are reduced according to your percentage of responsibility.
Our New Jersey personal injury lawyers do not accept an insurer’s fault assessment without examining the evidence ourselves.
Why Pedestrian Injuries Can Be So Severe
A pedestrian has no vehicle frame, airbag, or seat belt to absorb the force of a collision. The initial impact can also sometimes be followed by contact with the hood, windshield, or pavement.
Our New Jersey pedestrian injury attorneys represent people dealing with injuries such as:
- Traumatic brain injuries.
- Spinal cord damage.
- Broken hips, legs, arms, or other bones.
- Internal bleeding and organ injuries.
- Neck and back injuries.
- Severe cuts or scarring.
- Joint injuries.
- Permanent mobility limitations.
Some injuries require surgery or months of rehabilitation. Others may affect your ability to return to the same type of work you performed before the collision.
Who Pays Your Medical Bills After a Pedestrian Accident?
New Jersey’s automobile insurance laws can affect how medical expenses are handled when a pedestrian is struck by a vehicle.
Personal injury protection coverage can apply to certain pedestrians injured by automobiles, depending on the person’s insurance status and other circumstances. New Jersey law expressly includes certain pedestrian injuries within its PIP framework.
Because insurance circumstances vary, our legal team reviews available coverage before determining how different losses should be pursued.
Evidence That Can Help Our New Jersey Pedestrian Accident Attorneys Build Your Claim
Pedestrian cases often come down to competing versions of what happened. Objective evidence can help resolve those disputes.
Video Footage
Businesses, apartment buildings, traffic systems, doorbell cameras, and nearby vehicles may have recorded all or part of the collision. Videos can be especially useful when there are disagreements about vehicle speed or where you were located before impact.
Physical Evidence
Vehicle damage, debris, skid marks, photographs, and the final resting position of objects may provide information about the collision. Phone records may also become relevant if distracted driving is suspected.
What Compensation Can an Injured Pedestrian Seek?
A pedestrian injury claim may include losses you have already incurred as well as harm expected to continue in the future.
Depending on your circumstances, compensation may address:
- Emergency medical treatment.
- Surgery and follow-up care.
- Physical rehabilitation.
- Lost wages.
- Loss of future earning capacity.
- Pain and suffering.
- Scarring or disfigurement.
- Other losses supported by the evidence.
If a pedestrian collision results in death, eligible family members or representatives may also have rights under New Jersey wrongful death and survivorship laws.
There is no fixed amount assigned to a pedestrian accident. The value depends on the facts and the evidence supporting your losses.
Should You Accept an Early Insurance Settlement?
Be cautious when an insurer offers money before your medical condition is fully understood. An early settlement may come with a release ending your right to seek additional compensation. That can become a problem if you later need surgery or discover that an injury will affect your ability to work long-term.
Before founding Sweet James, James represented insurance carriers in personal injury and workers’ compensation cases. That background gave him insight into how insurers evaluate injuries and defend claims.
Today, we use that perspective when representing injured people. It’s part of The Sweet James Advantage.
How Long Do You Have to File a Pedestrian Accident Claim?
New Jersey generally requires lawsuits seeking damages for personal injuries caused by negligence to be filed within two years after the claim accrues. Exceptions may apply depending on the circumstances.
That filing deadline is not a reason to delay the investigation. Surveillance video can be erased, and witnesses can become difficult to locate well before two years pass.
Different requirements may also apply if a government entity or public employee contributed to the accident.
How Sweet James Represents Injured Pedestrians
When we take on your case, our job is to put you in a stronger position against the insurance companies and defendants responsible for your losses.
We investigate disputed facts and identify available insurance. Our team also documents how the injury has affected your finances and daily life. If an insurer refuses to resolve the claim fairly, our team can prepare the case for litigation.
You receive Personalized Service Focused on You, with representation built around your circumstances rather than a one-size-fits-all process.
Talk With a Pedestrian Accident Lawyer Serving New Jersey Today
You may be facing months of treatment after a pedestrian collision, while an insurance company is already examining how to reduce its exposure. We believe you should have experienced legal representation protecting your interests too.
If you’ve been looking for a New Jersey pedestrian accident lawyer near me, contact Sweet James for a free consultation. We handle injury claims on contingency under our Pay No Fees or Costs Until We Win approach.
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