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.

Princeton Woman Injured in Single-Vehicle Car Accident

Police in Princeton NJ are investigating a traffic accident that resulted in a local woman being hospitalized.

According to authorities, the 56-year-old victim was driving her 1997 Ford Expedition on Mercer Street near Hale Drive when she lost control of the vehicle and skidded off the road.

The SUV ultimately came to a stop when it struck a large, uprooted tree on the side of the road.

Sometime later, emergency responders arrived at the scene and found that the woman was trapped inside the vehicle. The emergency responders eventually removed the woman from the SUV.

Police said that the driver suffered minor injuries in the accident. After the driver was extricated from the vehicle, she was transported to University Medical Center of Princeton at Plainsboro, where she received medical treatment for her injuries.

In addition to causing bodily injuries to the driver, the accident also resulted in extensive damage to the front end of the SUV.

Police had to shut down Mercer Street for roughly one hour after the accident. Once the woman was taken to the hospital and the debris was removed from the street, police reopened the road for traffic.

Princeton police indicated that the accident is currently under investigation. At this time, the driver has not been charged with reckless driving or careless driving.

To learn more, check out the NJ.com article entitled “Princeton Woman Hospitalized After Crashing into Tree.”

Single-Vehicle Crash in Ewing NJ Leads to DWI Charges

A single-vehicle car accident in Ewing NJ left three people with injuries and led police to charge the driver with drunk driving.

Ewing police received a call about a car accident on the southbound lane of Bear Tavern Road in Ewing, New Jersey. When police officers got to the scene, they saw a 2005 Ford Mustang which had crashed into a utility pole.

The pole reportedly sustained serious damage, with power lines also falling down. According to police, the live power lines made it difficult to excise at least one of the passengers from the car.

The vehicle was allegedly driven by a 19-year-old resident of Ewing. After the accident, the driver and two adult passengers in the car were taken to a nearby hospital to be treated for their injuries.

The driver was later charged with driving while intoxicated because her blood alcohol concentration (BAC) was reportedly above the legal limit of .08 percent. However, police have not revealed the driver’s precise BAC at the time of the crash.

Additionally, the driver faces charges for underage DWI because she was under the legal drinking age of 21.

The driver was also cited for several traffic violations, including reckless driving, careless driving, and failure to keep right.

For more information, access the NJ.com article entitled “One-Car Crash in Ewing Sends 3 to Hospital, Driver Charged with DWI.”

Ewing NJ Woman Faces Charges for DWI, Assault by Auto in Hopewell Township NJ

A woman was allegedly drunk when she crashed into a parked police vehicle in Hopewell Township, NJ.

According to police, the 39-year-old Ewing NJ woman was driving a 2013 Hyundai Elantra on Scotch Road late at night. She was reportedly traveling north on the road when she lost control of her car.

Sometime earlier, a Hopewell Township police sergeant parked his marked patrol vehicle in a grassy area several feet away from the shoulder on Scotch Road, just south of Route 546. The vehicle, a 2013 Chevrolet Tahoe SUV, was parked in that location so that the sergeant could conduct a stationary traffic enforcement detail on Scotch Road.

Police said that the suspect’s vehicle drifted off the road and slammed into the rear of the police patrol vehicle.

Both the police officer and the suspect sustained minor injuries in the crash. The sergeant suffered injuries to his arm. Both of them were later transported, in separate vehicles, to Capital Health Medical Center in Hopewell for medical treatment.

The suspect has been charged with a number of traffic violations, including reckless driving, failure to maintain a lane, and failure to wear a seatbelt.

However, the most serious charges that the suspect faces are DWI and assault by auto.

If the suspect is convicted of assault by auto, she could be subject to significant penalties. As set forth by N.J.S.A. 2C:12-1(c), a person may be charged with assault by auto if they engage in reckless conduct while operating a motor vehicle and cause an auto accident which results in bodily injury to another person.

When the accident is caused by a driver who is intoxicated, the offense is typically classified as a third degree felony. This means that the suspect in this case could be sentenced to 3–5 years in New Jersey State Prison if she is ultimately convicted of the most serious charges.

After being charged and processed at Hopewell Township police headquarters, the suspect was released on her own recognizance.

For additional information, check out the NJ.com article entitled “Driver Who Rear-Ended Parked Hopewell Township Police SUV Faces DWI, Reckless Driving Charges.”

Police Investigate Fatal Hit-and-Run Accident in Bensalem, PA

Pennsylvania State Police continue to investigate a fatal accident on I-95 near Bensalem that killed a New Jersey woman.

The investigation is a top priority for police. As a result, authorities are searching for the driver of a late 1990s or early 2000s black sedan they believe caused the fatal accident.

While police conducted the investigation earlier this week, drivers along I-95 were subject to lengthy delays.

The victim was a 44-year-old mother of three from New Jersey. According to authorities, she had just dropped off her daughter and granddaughter at their home in Bensalem, PA. She then got onto the highway in order to beat the rush hour traffic.

Police said that the victim was talking to her husband on speakerphone while she drove her 2013 Jeep Liberty back to New Jersey. She apparently told her husband that a hostile driver had intentionally served toward her when she tried to merge onto I-95. The fatal accident occurred a short time later.

According to witnesses, another vehicle cut off the victim’s Jeep and then slammed on the brakes.

Tragically, the victim lost control of her Jeep after being forced to suddenly decelerate. The Jeep went airborne and rolled over a number of times.

The Jeep reportedly continued to drive south on I-95 after the accident.

Meanwhile, the victim suffered catastrophic head injuries as a result of the accident. She was taken to Aria Health’s Torresdale campus in Philadelphia, where she died a short time later.

Although PA State Police are investigating the accident, they have not yet identified a suspect. That’s because the accident occurred at the beginning of rush hour, meaning that there weren’t many witnesses.

So far, the few witnesses to come forward have only been able to provide a generic description of the vehicle. Police are urging other individuals who witnessed the accident or its aftermath to please come forward with information.

If the suspect is eventually identified and apprehended, they could face a number of very serious criminal charges, including Vehicular Homicide and Leaving the Scene of an Accident.

For additional information, see the TheIntelligencer.com article entitled “Cops: Finding Car in Deadly Bensalem Crash is a Top Priority.”