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What Are New Jersey’s Pedestrian Safety Laws?
New Jersey has specific laws to ensure the safety of pedestrians and motorists. Although motor vehicle drivers are able to cause greater harm, pedestrians can also be held responsible for car accidents under certain circumstances.
New Jersey’s pedestrian-related rules and guidelines include the following:
· A pedestrian can only cross an intersection or crosswalk if there is a signal indicating that they may do so or if the traffic is light
· Drivers must approach and pass pedestrians with caution. It is expected that drivers provide pedestrians with at least 4 feet of space and reduce their speed if possible
· Motorists must yield to pedestrians in marked crossings, unmarked crosswalks, and intersections. Every motorist must come to a complete stop, allowing pedestrians to cross the street — this is known as New Jersey’s Stop and Stay Stopped law
· Pedestrians are discouraged from crossing streets at non-designated intersections and unmarked crosswalks
What Are the Legal Responsibilities of Pedestrians in New Jersey?
New Jersey laws protect pedestrians, cyclists, and joggers. However, pedestrians are still prohibited from suddenly darting into the street or crossing into the path of a moving vehicle so close that the driver cannot possibly stop or yield.
Pedestrians are encouraged to use marked crosswalks whenever available. Jaywalking can increase the chances of accidents and make it much more difficult for pedestrians to prove fault in personal injury cases.
Pedestrians are expected to follow traffic and crosswalk signals, only crossing the street when the signals indicate safety. Ignoring these signals can lead to shared fault in personal injury cases.
Similar to how motorists are expected to drive their vehicles safely in the immediate area of pedestrians, the same applies to pedestrians. A pedestrian has a certain duty of care to be responsible, remain alert, and not commit actions that could endanger themselves or others.
What Are Common Causes of Pedestrian Accidents?
Common causes of pedestrian accidents include the following:
· Aggressive driving
· Distracted driving
· Failing to yield to pedestrians in crosswalks
· Drivers running red lights or rolling through stop signs
· Failure to check before reversing out of a driveway or parking spot
· Driving at excessive speeds, especially in residential areas or school zones
· Motorists failing to check blind spots when driving
· Drowsy driving or driver fatigue
· Pedestrians failing to yield to the right-of-way of motorists
· Drunk driving or driving under the influence of drugs
Most pedestrian accidents are avoidable and involve motorists breaking one or more traffic laws. If every pedestrian and driver followed the road rules, pedestrian encounters would be far less frequent, and deadly accidents could be avoided.
Can a Pedestrian Be Held Responsible for a Motor Vehicle Accident?
Under New Jersey’s comparative negligence laws, even an injured pedestrian could be considered at fault for an accident.
Suppose the pedestrian was only partially at fault for the accident. In that case, they may still be able to recover damages, but the amount of total compensation may be reduced proportionately. For example, if the pedestrian was found to be 30% at fault for the accident, they would see their maximum compensation reduced by 30%.
Pedestrians may be considered at fault for crossing illegally, ignoring traffic signals, walking across the street while distracted by their phones, or unexpectedly entering traffic.
How Long Does an Injured Victim Have to File a Personal Injury Lawsuit in NJ?
In New Jersey, the statute of limitations for personal injury claims is strict. In most cases, it is two years from the date of the accident. However, depending on the defendant in the pedestrian accident case, the statute of limitations could be dramatically shorter.
You must seek professional legal representation to discuss your personal injury case without delay, as failure to file a claim within the allotted time window could result in your case being dismissed. You do not want to be barred from recovering compensation.
Can Pedestrian Accident Victims Recover Financial Compensation for Their Injuries?
Personal injury victims may be entitled to compensation for their injuries and financial losses. The injured victim could recover monetary compensation through economic and non-economic damages with a successful case.
Potential financial recovery may include the following:
· Emotional distress and psychological trauma compensation
· Lost wages
· Past medical bills and future medical expenses
· Physical pain and suffering compensation
· Wrongful death damages
· And more
The amount of compensation can depend on several factors, including the level of fault, the severity of injuries, and available insurance coverage. Suppose the at-fault party’s insurance coverage is inadequate to cover the damages. In that case, a lawyer can assist you in filing a personal injury lawsuit against the at-fault party themselves.
What Happens if You Lost a Loved One in a Fatal Pedestrian Accident?
It’s not uncommon for pedestrians to lose their lives in collisions with motor vehicles. Pedestrians most at risk for fatal accidents include adults over age 65, children under age 15, and those who are impaired by alcohol or drugs.
If a loved one or family member was struck and killed by a motor vehicle, you may be able to file a pedestrian wrongful death claim against the at-fault parties. Wrongful death cases are challenging, not least of all because of the emotional stop and psychological impact of such cases. Our personal injury attorneys can represent your interests as you seek to recover damages on behalf of your deceased loved one.
Contact Us to Schedule a Free Consultation with Our Compassionate Personal Injury Lawyers Today
Our Essex County law firm has extensive experience representing clients in personal injury cases, including those injured in pedestrian accidents. We are well-versed in the applicable laws and can help you prove fault to recover a fair settlement from negligent parties.
To learn more about the benefits of retaining our legal representation, don’t hesitate to get in touch with our law office to schedule your free initial consultation with our legal team.
You can reach our Montclair office at 973-355-7635. Alternatively, you can contact us at our Nutley law office at 973-355-7635. We look forward to speaking with you.
