What Happens if a Pedestrian is Hit by a Car in New Jersey
Your Rights After a Pedestrian Accident
Being involved in an accident where a pedestrian is hit by a car can be life-altering, causing not only physical injuries but emotional and financial hardships as well. In New Jersey, pedestrian accidents are unfortunately common, especially in busy urban areas like Newark, Jersey City, and Cliffside Park. When you’re struck by a vehicle while walking, you have specific rights under New Jersey law that can help you recover damages for your injuries.
New Jersey follows specific rules that determine how victims can seek compensation after being struck by a vehicle. Understanding these laws is crucial if you’ve been injured as a pedestrian or if you’ve accidentally hit someone while driving.
Understanding New Jersey’s Pedestrian Laws
Before diving into what happens after an accident, it’s important to understand New Jersey’s pedestrian laws. In New Jersey, drivers must yield the right-of-way to pedestrians in crosswalks. Additionally, pedestrians are required to obey traffic signals and use crosswalks when available.
However, even if you were crossing outside a crosswalk when hit by a car, you may still be entitled to compensation. New Jersey follows a “modified comparative negligence” rule, which means your compensation may be reduced by your percentage of fault, but you can still recover damages as long as you’re not more than 50% at fault for the accident.
Common Causes of Pedestrian Accidents in New Jersey
Understanding what causes pedestrian accidents can help you prevent them and also establish liability if you’re involved in one. Common causes include:
- Distracted driving (texting, phone use)
- Failure to yield at crosswalks
- Speeding in residential areas
- Driving under the influence
- Poor visibility due to weather conditions
- Running red lights or stop signs
- Making turns without checking for pedestrians
When a driver engages in any of these behaviors and hits a pedestrian, they can be held liable for the resulting injuries and damages.
Immediate Steps to Take If You’re Hit By a Car
If you’re struck by a vehicle while walking, taking the right actions immediately after the accident can significantly impact your ability to recover compensation:
- Seek medical attention immediately – Even if you feel fine, some injuries may not be immediately apparent
- Call the police – File an official accident report
- Gather information – Get the driver’s contact and insurance information
- Document the scene – Take photos of the accident location, your injuries, and any relevant traffic signs
- Collect witness statements – If possible, get contact information from any witnesses
- Avoid discussing fault – Don’t apologize or make statements that could be interpreted as admitting fault
- Report the accident to your insurance – New Jersey’s no-fault insurance may cover some of your medical expenses
Following these steps creates a solid foundation for any future personal injury claim you might need to file.
Understanding New Jersey’s No-Fault Insurance System
New Jersey operates under a “no-fault” insurance system, which can be confusing for many accident victims. Under this system, your own Personal Injury Protection (PIP) coverage will pay for your medical expenses regardless of who caused the accident. This applies even if you’re a pedestrian hit by a car.
If you don’t have auto insurance, the driver’s PIP coverage will typically cover your medical expenses up to the policy limits. However, PIP coverage only applies to medical expenses and doesn’t compensate you for pain and suffering or other non-economic damages.
To recover compensation beyond what PIP covers, you’ll need to meet New Jersey’s “serious injury threshold” or have selected the “unlimited right to sue” option on your insurance policy.
Possible Compensation for Pedestrian Accident Victims
If you’ve been hit by a car while walking in New Jersey, you may be entitled to various types of compensation:
Medical Expenses
This includes emergency room visits, hospital stays, surgeries, medication, physical therapy, and any future medical care related to your injuries.
Lost Wages
If your injuries prevent you from working, you can seek compensation for lost income, including future earning capacity if you’re permanently disabled.
Pain and Suffering
Non-economic damages for physical pain, emotional distress, and reduced quality of life may be available if you meet the serious injury threshold.
Property Damage
Compensation for personal items damaged in the accident, such as phones, clothing, or other belongings.
Wrongful Death
If a loved one was fatally injured as a pedestrian, surviving family members may pursue a wrongful death claim to recover damages for funeral expenses, lost financial support, and loss of companionship.
Statute of Limitations for Pedestrian Accident Claims
You must be aware of time limits for filing a claim after being hit by a car. In New Jersey, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident. If you fail to file your lawsuit within this timeframe, you may lose your right to seek compensation.
There are some exceptions to this rule, such as cases involving minors or certain government entities, but it’s always best to consult with an attorney as soon as possible after your accident to ensure you don’t miss important deadlines.
When You Need a Personal Injury Attorney
While minor accidents might be handled through insurance claims, there are several situations where hiring a personal injury lawyer becomes crucial:
- You’ve suffered serious injuries requiring extensive medical treatment
- The driver who hit you was uninsured or underinsured
- The insurance company is offering a settlement that seems too low
- There’s a dispute about who was at fault
- Your accident involves complex circumstances like a hit-and-run or multiple parties
- You’re approaching the statute of limitations deadline
A qualified personal injury attorney will investigate your accident, gather evidence, negotiate with insurance companies, and if necessary, represent you in court to ensure you receive fair compensation.
Navigating the Recovery Process
Recovery after being hit by a car involves more than just physical healing. You’ll need to manage medical appointments, insurance paperwork, and possibly lost income while you’re unable to work.
If you’ve experienced a traumatic brain injury or other serious injuries, your recovery may take months or even years. During this time, having proper legal representation ensures that your rights are protected and that you receive the financial support needed for your recovery.
New Jersey’s personal injury laws are designed to help victims, but navigating the legal system can be challenging, especially when you’re dealing with injuries. Working with an attorney who specializes in pedestrian accidents can make the process much smoother.
Your Path Forward After a Pedestrian Accident
Being hit by a car as a pedestrian can be a traumatic experience with long-lasting consequences. Understanding your rights under New Jersey’s no-fault laws and knowing how to properly file a personal injury claim are essential steps toward recovery.
Remember that New Jersey has specific rules regarding serious injury thresholds that may impact your ability to recover certain types of damages. An experienced attorney can help you understand these thresholds and build a case that maximizes your compensation.
Whether you’ve been injured while crossing at a designated crosswalk or walking alongside a road, you have legal options. The sooner you take action after being hit by a car while walking, the better your chances of securing fair compensation for your injuries.
Don’t hesitate to reach out to a qualified motor vehicle accident attorney who can guide you through every step of the claims process and fight for the compensation you deserve. With the right legal support, you can focus on your recovery while your attorney handles the legal complexities of your case.