October is Pedestrian Safety Month, a reminder for everyone—drivers and pedestrians alike—to remain vigilant on the roads. The consequences of being struck by a car can be life-altering, with injuries ranging from broken bones to traumatic brain injuries. Unfortunately, New Jersey consistently ranks among the most dangerous states for pedestrians, with record-high pedestrian fatalities reported in recent years.
Why Pedestrian Safety Is a Critical Issue in New Jersey
Cities like New Brunswick and surrounding areas see heavy foot traffic, especially at busy intersections or in low-visibility conditions. While local authorities have implemented safety initiatives such as improved crosswalks, pedestrian signals, and traffic-calming measures, the risk of accidents remains high. Both pedestrians and drivers must stay alert to prevent serious injuries.
Drivers’ Legal Responsibilities
New Jersey law requires drivers to yield to pedestrians in marked crosswalks and give the right of way at most intersections. Drivers must also stop and remain at the scene after hitting a pedestrian. Under the state’s “Safe Passing Law,” drivers must provide at least four feet of clearance when passing pedestrians or slow down to 25 mph or less.
Violating these laws can result in fines, points on a driver’s license, and, in some cases, mandatory community service. Criminal charges may also apply if negligence causes serious injury or death.
Pedestrian Responsibilities
While pedestrians have the right of way in many situations, they are not exempt from responsibility. Crossing outside of a crosswalk, ignoring traffic signals, or entering traffic suddenly can reduce or eliminate a pedestrian’s legal claim. Following pedestrian laws not only increases personal safety but also preserves your ability to seek compensation after an accident.
How Insurance Works for Pedestrian Injuries
In New Jersey, pedestrians often rely first on their own auto insurance Personal Injury Protection (PIP) benefits, even if they were not driving at the time of the accident. New Jersey’s no-fault insurance laws allow for faster payment of medical expenses, lost wages, and other damages.
In cases where a driver clearly caused the accident, their liability insurance may cover additional losses such as pain and suffering or long-term care needs.
Determining Fault in Pedestrian Accidents
New Jersey applies modified comparative negligence in pedestrian cases. This means that if a pedestrian is found partially at fault, their compensation is reduced in proportion to their responsibility. If the pedestrian is 50% or more at fault, they may be barred from recovery entirely.
Settlement amounts vary widely depending on injury severity and circumstances, ranging from hundreds of thousands to several million dollars in New Jersey cases. The statute of limitations for most pedestrian claims is two years from the date of the accident.
Contact Our New Brunswick Pedestrian Accident Lawyers at Rebenack Aronow & Mascolo L.L.P.
