If you’ve been hit by a car as a pedestrian in New Jersey, you may be facing painful injuries, medical bills, and uncertainty about your legal rights. New Jersey is a no-fault state, meaning your own PIP coverage can help pay medical expenses even if you were walking. However, if your injuries are serious or permanent, you may also bring a claim against the at-fault driver for additional compensation for pain and suffering, lost wages, and long-term impact. Many people search, “I was hit by a car as a pedestrian — what should I do?” This guide explains the immediate steps to take, how liability is determined in NJ pedestrian accidents, and what legal options are available to maximize your recovery.
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Walking around a city is a great way to reduce traffic, exercise, and see the sites. However, pedestrians risk being seriously injured if a reckless driver doesn’t obey the laws and hits them in a crosswalk. If you’re a pedestrian hit by a car in NJ, you should consult with an attorney to learn about compensation that might be available to you.
Key Points
- Immediate action is crucial. After being hit as a pedestrian in NJ, seek medical help, call police, and gather as much evidence as possible.
- Fault is not always one-sided. While drivers are often liable, New Jersey’s comparative negligence law means pedestrians can share fault too.
- Compensation may come from multiple sources. PIP can cover medical bills, and serious injuries may allow additional claims against the at-fault driver.
Can a Pedestrian Hit by a Car Sue the Driver in NJ?
When a driver hits a pedestrian, state law presumes the driver violated their duty of care, not the pedestrian. A pedestrian hit by a car in NJ can legally pursue compensation for their medical expenses, lost wages, pain and suffering, and emotional distress.
What Should I Do If I’m Hit by a Car?
If you’re a NJ pedestrian hit by a car, you’re probably disoriented in the immediate moments that follow the collision. A million questions could be running through your mind, and it can be tough to remember what to do.
The moments after an accident are crucial because it’s your chance to gather evidence that may not be there when the police arrive at the scene. Follow the steps below to help protect your rights if you’re hit by a car.
Seek Medical Attention
If you are seriously injured, don’t try to get up and survey the accident scene or talk to witnesses. Your health and safety are paramount after you’ve been hit by a car. Call 911 for police and medical assistance immediately after your accident, if you can. Compensation is meaningless if you lose your life.
Get Contact Information for Witnesses
People who witnessed a NJ pedestrian hit by a car may provide statements, photos, and video of the accident that can help your attorney. If you can safely move after being hit by a car, try to talk with as many witnesses as you can and get their contact information. Witnesses don’t have to stay at the scene of an accident. You may be able to get information for a witness who leaves before the police arrive.
Take Photos and Video of the Accident Scene
Police and investigators at the accident scene may record extensive evidence and information. However, during the time it takes for officers to arrive, the accident scene may change and evidence may be lost. Taking pictures and video of the scene can help your attorney understand the circumstances around your injury.
Pedestrian Struck in Parking Lot Settles Injury Case After Multiple Surgeries
A man was walking to his car in a New Jersey grocery store parking lot when a driver attempting a left turn struck him, throwing him violently to the ground. He initially declined hospitalization but later required extensive medical treatment, including a two-level cervical spine fusion and a lumbar discectomy to address serious injuries to his neck, back, and hip. Despite the surgeries, he continues to experience pain and undergo treatment nearly three years later. With liability undisputed and strong medical evidence supporting the severity and permanence of the injuries, Glugeth & Pierguidi pursued a settlement demand reflecting the full value of the available insurance coverage.
Let Glugeth & Pierguidi, P.C., Be Your Trusted Advisors – Contact Our Experienced Attorneys Today
It’s in your best interest to call and talk with an experienced, compassionate attorney as soon as possible after your accident. Insurance companies have teams of attorneys who move quickly to get a pedestrian hit by a car in NJ to accept an unfair settlement.
The attorneys at Glugeth & Pierguidi, P.C., understand the full extent of your injuries may take days or weeks to appear. We’ll work to protect your rights and fight relentlessly for compensation that considers all your injuries. Schedule a consultation today to get trustworthy advice on your legal situation.
FAQs
1. What should I do if I was hit by a car as a pedestrian in New Jersey?
Call 911, seek immediate medical attention, gather witness and driver information, take photos if possible, and contact a pedestrian accident attorney as soon as you are able.
2. Who is usually at fault when a pedestrian is hit by a car in NJ?
Drivers often bear responsibility if they fail to yield at crosswalks, ignore traffic signals, or drive negligently. However, liability can be shared under NJ’s comparative negligence rule.
3. Does my insurance cover me if I was hit by a car as a pedestrian?
Yes. In New Jersey, your auto insurance’s PIP (Personal Injury Protection) may cover medical bills even if you were walking. You may also pursue claims against the at-fault driver if injuries are severe.
4. Can I sue for pain and suffering after being hit as a pedestrian?
Yes, if your injuries meet New Jersey’s “verbal threshold” requirements (such as permanent injury, significant scarring, or displaced fracture), you may sue the driver for pain and suffering damages.
5. What is the deadline to file a pedestrian accident claim in NJ?
The statute of limitations is generally two years from the date of the accident. If the at-fault driver was a government vehicle, a Notice of Claim must be filed within 90 days.
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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