Quick Summary: What You Will Learn in This Article

If you or a loved one has been injured while walking or riding in New Jersey, this guide outlines your primary legal rights and recovery options. Here is a breakdown of what we cover:

Driver and Environmental Fault: Critical common causes of collisions, including motorist negligence, dangerous road design, and low visibility.
Preserving Essential Legal Evidence: Comprehensive steps to protect your injury claim immediately after an accident happens (including police records, medical trails, and social media warnings).
Pedestrian-Bicyclist Shared Liability: Specific traffic guidelines and legal fault thresholds when a collision involves a walker and a cyclist.
New Jersey Comparative Negligence (N.J.S.A. 2A:15-5.1): How a partial fault determination mathematically reduces your total economic and non-economic damages.
The Two-Year Injury Deadline: Understanding New Jersey’s strict civil statute of limitations to avoid losing your right to sue.

When going for a walk or crossing the street, most people do not fully consider the dangers. Unfortunately, pedestrian accidents occur often, and they can have devastating results. Unlike collisions between vehicles, pedestrians do not have structural protection to absorb some of the impact, meaning these injuries are often catastrophic. Read on to learn more about pedestrian accidents in New Jersey.

How Do I Know If I Am Entitled to Financial Compensation Following a New Jersey Pedestrian Accident?

If your accident was caused by another party’s negligence, you may be entitled to recover compensation. Some of the most common examples of driver negligence include:

Texting while driving
Driving under the influence of drugs or alcohol
Speeding
Smoking, eating, or navigating directions while driving
Driving while drowsy or fatigued
Disciplining children while driving
Failing to comply with traffic lights or signs
Disregarding other rules of the road

It’s important to understand that, while driver negligence is often a leading cause, it is not the only cause. A number of environmental and external factors can contribute to a pedestrian accident, including:

Inclement weather conditions like snow, sleet, heavy rain, or ice (which can cause a driver to slide off the road)
Dangerous conditions on the road
Reduced visibility or poor street lighting
Overgrown foliage is blocking a pedestrian from view
Defective car parts

How Can I Provide Legal Proof of Negligence to Build a Strong Injury Claim?

In order to recover the compensation you deserve, you will have to provide proof that this negligence occurred (fulfilling the burden of proof). You can do this in a number of ways. Some of the most important steps to take include:

Call 911 – The police can call an ambulance to the scene, file an accident report, and more.
Document the scene – Taking pictures and videos at the scene of the accident can play a major role in your case. This includes photos and videos of your visible injuries, as well as all damage to all property.
Obtain witness contacts – If someone saw your accident occur, he or she may be able to corroborate your version of events later on. As such, you should gather the names and contact information of as many witnesses as possible.
Seek medical attention – You should go to the hospital immediately after your accident occurs. This will ensure that your injuries are treated by a medical professional while simultaneously providing you with proof of the origin and extent of your injuries. Before leaving, ask your doctor for a copy of any relevant medical documents.
Contact a personal injury attorney – An experienced attorney may be able to obtain further proof, including security camera footage, police reports, and more.
Avoid social media – If you have been injured in an accident, avoiding social media is critical. Posting about, commenting on, or discussing matters related to the accident can negatively impact the outcome of your claim. Additionally, posting photos of you out and about after the accident can be used against you to challenge the compensation you are entitled to.

What About Pedestrian-Bicyclist Accidents and Shared Road Liability?

It’s important to understand that, while most serious pedestrian accidents often involve motor vehicles, collisions between pedestrians and bicyclists can occur, rendering pedestrians seriously injured. Similar to collisions between a pedestrian and a vehicle, cyclists may have additional protection, like helmets or padding, whereas pedestrians are left to bear the brunt of the impact. However, damages are not exclusively used to determine fault, so the actions of each party must be carefully evaluated in order to establish liability in these matters.

When Is a Pedestrian At Fault Under New Jersey Traffic Safety Guidelines?

Like drivers, pedestrians are also responsible for ensuring safety, and as such, can face liability for accidents when:

Step into a bike lane to cross an intersection before a traffic signal indicates they have the right of way
Waiting inside bike lanes for
Walking inside of or along bike lanes rather than utilizing designated sidewalks, especially when walking with cyclists rather than against approaching traffic

When Is a Bicyclist Held Legally Liable for an Accident?

Additionally, you’ll find that bicyclists utilizing roads and sidewalks in New Jersey must do so safely, especially as sidewalks are shared with pedestrians. As such, a cyclist may face liability in a collision when:

Run a red light or make a turn without yielding and checking their surroundings first.
Are distracted, including texting, daydreaming, or otherwise not paying attention to their surroundings
Fail to use proper lighting or reflective features when riding on poorly lit roads at night.

Understanding New Jersey’s Comparative Negligence Law (N.J.S.A. 2A:15-5.1)

It’s critical to understand that New Jersey adheres to a modified comparative negligence law, which essentially means that injury victims are generally only entitled to recover compensation if they are determined to be 50% or less responsible for the damages they have suffered. Under N.J.S.A. 2A:15-5.1, recovery is barred completely if your share of liability exceeds the combined negligence of the other parties.

Similarly, if you are determined to be partially responsible for the damages incurred, it will impact your recoverable damages. In general, you’ll find that your compensation will be reduced by your percentage of fault in the accident. For example, if you are found to be 20% responsible for the accident, your economic and non-economic damages will be reduced by 20%.

How Long Do I Have to File a Legal Claim? New Jersey Statute of Limitations

When it comes to taking legal action, there is a strict deadline known as a statute of limitations. In New Jersey, the statute of limitations for a personal injury claim is two years from the date of the accident. Failing to file within two years will mean forfeiting your right to sue and losing your opportunity to recover compensation. Do not wait to see if your injuries heal on their own; reach out to a dedicated legal team immediately to avoid missing this critical deadline.

If you have been injured in a pedestrian accident in New Jersey, contact our firm today. We will fight for you to recover the compensation you deserve.

CONTACT OUR EXPERIENCED NEW JERSEY PERSONAL INJURY LAWYERS

Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an experienced New Jersey personal injury attorney or Bergen County auto accident attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.

What to Know About Pedestrian Accidents in New Jersey