Getting hit by a car is terrifying, but what if you were jaywalking and got hit by a car? You may be wondering whether you’re still entitled to compensation for your injuries and how New Jersey law handles such claims.
The reality is that jaywalking accidents present complex legal challenges. But don’t assume you’re automatically at fault. Fault is not always black and white, even if you crossed outside a marked crosswalk.
At Glugeth & Pierguidi, P.C., our team of experienced New Jersey personal injury lawyers has handled countless pedestrian accident claims involving jaywalking. We understand the intricacies of New Jersey’s comparative negligence law and how it affects your right to recover compensation.
In this guide, we’ll explain whether jaywalking is illegal in New Jersey, how fault is determined, and whether you need a lawyer for your jaywalking pedestrian accident claim.
Is Jaywalking Illegal in New Jersey?
Yes, jaywalking is illegal in New Jersey. Under pedestrian jaywalking laws in New Jersey, pedestrians are expected to use crosswalks or, when none are available, cross at right angles to the roadway.
It also makes clear that:
- It is unlawful to cross a highway divided by a median barrier, unless there is a designated crossing;
- Pedestrians must walk on sidewalks where they exist; and
- If there are no sidewalks, pedestrians must walk on the far left side of the road or shoulder, facing traffic.
These rules are designed not just to regulate behavior but to protect pedestrians from harm. If a vehicle hit you while you were jaywalking, this violation could affect your case, but it does not automatically bar you from compensation recovery.
Can You Still File a Claim If You Were Jaywalking and Got Hit by a Car?
Yes, even if you were jaywalking, you may still be able to file a pedestrian accident claim in New Jersey. Your ability to recover compensation depends on the specific facts of the accident and how fault is allocated between you and the driver.
To succeed in a negligence claim, you must provide evidence for each of the four elements:
- Duty of care,
- Breach of duty,
- Causation, and
- Damages.
If your actions are deemed negligent, such as crossing outside a crosswalk or against a traffic signal, that doesn’t automatically prevent you from pursuing a claim. New Jersey follows a modified comparative negligence system, which means that more than one party can share fault for an accident.
Under this rule, you can still recover damages as long as you were not more than 50 percent at fault for the crash. However, your compensation will be reduced by the percentage of fault attributed to you. For instance, if you’re found 30 percent responsible for the accident and your total damages equal $100,000, you could still recover $70,000.
Because fault in jaywalking accidents can be complex, it’s crucial to have an experienced New Jersey pedestrian accident lawyer review your case. An attorney can analyze police reports, witness statements, and other evidence to determine how the driver’s negligence contributed to your injuries and what compensation you may still recover.
Do I Need a New Jersey Pedestrian Accident Lawyer?
Getting hit by a car, whether you were jaywalking or not, can be overwhelming. Between medical bills, uncooperative insurance companies, and legal uncertainty, it’s easy to feel powerless. That’s where a seasoned New Jersey pedestrian accident attorney becomes essential.
Below are several ways an experienced lawyer can help strengthen your case and guide you through the recovery process.
Case Evaluation and Legal Advice
An experienced attorney will begin by thoroughly reviewing the facts of your case, including how the accident happened, who may be at fault, and what damages you’ve suffered. They’ll provide straightforward, practical guidance tailored to your situation, especially if jaywalking is involved. This early advice is critical to avoid mistakes that could harm your chances of recovering compensation.
Evidence Collection and Investigation
A lawyer will gather and preserve vital evidence, such as accident scene photos, witness statements, surveillance footage, and police reports. This step is crucial in jaywalking accidents, where liability is in question. Your attorney may also work with accident reconstruction experts to demonstrate how the driver’s actions contributed to the crash.
Dealing with Insurance Adjusters
Insurance companies may try to reduce their payout by blaming you or undervaluing your injuries. Your attorney will handle all communication with the insurer, ensuring you don’t say anything that could weaken your claim. They’ll also push back against low settlement offers and negotiate for the compensation you truly deserve.
Filing Your Pedestrian Accident Claim on Time
In New Jersey, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline could permanently bar you from seeking compensation. A lawyer will track all filing deadlines and ensure your lawsuit is submitted on time with all necessary documentation.
Peace of Mind in a Stressful Time
Dealing with injuries, insurance claims, and legal questions after a pedestrian accident can be overwhelming. Having an experienced New Jersey pedestrian accident lawyer on your side means you won’t have to navigate this difficult time alone.
Your attorney handles the legal burden, allowing you to focus on recovery. Knowing someone is protecting your rights and working to maximize your compensation gives you the peace of mind you deserve.
Let Us Guide You with Your Jaywalking Pedestrian Accident Claim
Being struck by a vehicle while jaywalking can leave you feeling unsure of your rights and overwhelmed by the legal process. While pedestrian accident claims involving jaywalking are more complicated, they are not automatically closed doors. Liability in New Jersey is based on the facts, and each case requires careful legal evaluation.
Understanding pedestrian jaywalking laws in New Jersey, how comparative negligence works, and what evidence is needed can make a real difference in the outcome of your case. That’s why working with the right law firm is so important.
At Glugeth & Pierguidi, P.C., we bring over 30 years of combined personal injury experience and have recovered significant compensation for accident victims throughout New Jersey and New York.
If you were injured in a pedestrian accident, even while jaywalking, don’t make assumptions about your options. Contact us today to schedule a free consultation. We’ll listen to your story, evaluate your case, and help you understand the next steps forward.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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