New Jersey Laws Protect Pedestrians, Joggers, & Cyclists

Pedestrian accident victims represented by dedicated personal injury lawyers in Trenton, Lawrence, Hamilton, Princeton, East Brunswick and across Mercer and Middlesex Counties

What are my options if injured in a pedestrian accident in NJ?New Jersey ranks 13th in the nation in pedestrian fatalities per 100,000 people, based on the 2017 National Highway Traffic Safety Administration (NHTSA) data, and these numbers continue to rise. On average, one pedestrian is killed every two days in New Jersey and 12 are injured daily. Since May of 2019, more than 54 pedestrians have been killed in accidents with motor vehicles. According to recent NHTSA data, New Jersey pedestrians made up 29% of the state’s 624 fatalities in 2017, almost twice the national average of 16%.

A personal injury can dramatically change your livelihood and well-being, leaving you saddled with numerous medical bills, lost wages, rehabilitative therapy costs, and significant pain and suffering. If your pedestrian or bicycle accident was caused by reckless driving, distracted driving or the careless actions of another, you have the right to seek compensation for your losses.

Is a Lawyer Necessary after a Pedestrian Accident?

Yes. Our car accident attorneys consult with accident reconstructionists and other experts to investigate the crash. We use evidence such as police and medical reports, witness statements, expert testimony, photos, video footage, and other documents.

In some cases, there may be multiple causes and parties at fault. For example, a defective roadway or vehicle malfunction may have made the driver lose control of his or her vehicle. If that was the case, the government agency in charge of maintaining the road, or the vehicle parts manufacturer, might also be partially responsible.

New Jersey Laws Protect Pedestrians, Joggers, & Cyclists

New Jersey Laws Protect Pedestrians, Joggers, & CyclistsUnder NJ Rev Statute 39:4-36 and Title 75, Chapter 35 of the Pennsylvania Consolidated Statutes, pedestrians have the right of way in a crosswalk. However, pedestrians and joggers are prohibited from suddenly darting from the curb to the street or running in the path of a vehicle that is so close that the driver is unable to stop or yield. Pedestrians and joggers must yield to drivers if they are crossing the road outside a crosswalk and obey all pedestrian-related traffic signals.

Motorists are required to exercise due caution when driving near people on foot or on a bike, but all too often, negligence on the part of car and truck drivers leads to serious pedestrian or bicycle accidents. If a driver strikes you at a crosswalk, they are more likely to be found at fault for the accident.

However, those on foot who maybe have been jaywalking at the moment an accident occurred, may find it more difficult to prove their accident injury case.

Steps to Take if Involved in a Pedestrian Accident

Even at a low speed, an automobile accident can cause disabling injuries, including spine and traumatic brain injuries to a pedestrian, jogger or cyclist.

When a cyclist or pedestrian is injured by a motor vehicle, police and emergency medical personnel should be alerted immediately. Quite often a pedestrian may be confused or in shock and unaware of their injuries or their severity.

Each party should avoid engaging in discussions regarding fault or wrongdoing, as any admission of guilt can later be used against them.

If you are the driver of the motor vehicle:

  • check to see if either you or any of your passengers have sustained an injury
  • check to see if the pedestrian, jogger or cyclist has sustained injuries
  • remain at the scene of the crash or collision
  • call 9-1-1 for help

If possible, both parties should:

  • photograph any visible injuries and the scene, & make video and/or audio recordings
  • exchange names, phone numbers, and insurance information

File a police report to document the accident.

Both parties should also seek medical attention:

  • immediately if they are in a lot of pain
  • right away even if the pain is mild, to document injuries and any non-visible trauma (i.e., spinal and traumatic brain injury)

Not only will you be able to receive the medical attention you need for potentially traumatic injuries, but you will also get a diagnosis of any medical conditions brought about by your accident. This is vital to your personal injury claim, as it creates a direct link between your accident and injuries. The longer you wait to see a doctor, the weaker that connection becomes.

Do not sign any paperwork without speaking to your lawyer. This mostly refers to offers from insurance companies, who will often attempt to get claimants to sign paperwork accepting less than they are owed. In some situations, signing paperwork may even strip your rights for further legal action.

Contact personal injury lawyers who have handled numerous pedestrian and hit-and-run auto accident cases over the years with outstanding results. When you are ready to begin the personal injury claim process, having a seasoned legal team in your corner is essential.

If a Loved One Was Killed in a Pedestrian Accident

According to the Centers for Disease Control (CDC), pedestrians most at risk are adults over 65, children under 15, and both drivers and pedestrians who are alcohol-impaired. If your loved one was hit and killed by a vehicle, you may have a pedestrian wrongful death claim against that vehicle’s driver. We know how difficult these cases are, and we do our best to provide compassionate and thorough legal representation for the family of the victim. When someone is killed, he or she leaves behind a huge emotional and financial gap, and our job is to get fair compensation from the responsible parties to allow the family to heal and to provide for their future.

Consult our Injury Lawyers in our Trenton or East Brunswick offices for answers today

At Kamensky Cohen & Riechelson, our dependable and compassionate lawyers have more than 40 years of experience handling traffic cases, auto accidents and handling personal injury claims for clients across New Jersey and Pennsylvania. We understand the nuances of each state’s traffic laws and are well-informed about changes in the laws.

Our resourceful attorneys will personally guide you through the legal process, keeping you informed every step of the way so that you know exactly what is happening with your case. Our goal is to help you obtain maximum compensation for your losses. However, it’s important for you to know that there is a statute of limitations on your right to sue after suffering a personal injury. You must file your claim within two years of the date your injury occurred or you will lose the right to sue.

Contact us online or by telephone at (609) 528-2596 from New Jersey or (215) 337-4915 to arrange a consultation with an experienced Pennsylvania and New Jersey personal injury lawyer. As always, we take the majority of cases on contingency. This means, if we don’t win, you don’t pay.