Oct 072013
 

According to the New Jersey Division of Highway Traffic Safety, a disproportionate number of New Jersey pedestrians are hurt/killed by cars and trucks when compared to the nation as a whole. *Source: www.nj.gov

Prior to April 2010, NJ car and truck drivers only needed to yield to pedestrians in marked crosswalks.  Then on April 1, 2010, a new law was enacted. New Jersey’s new pedestrian accident prevention law requires drivers to stop for pedestrians in marked crosswalks.  This law was passed in hopes of decreasing New Jersey’s pedestrian/car injury and fatality crashes.

Common Types of Car-Pedestrian Accidents

NJ Car/Pedestrian Accident|NJ Car Accident Injury LawyerThe most common type of NJ car/pedestrian accident occurs when a driver attempts to turn right or left and hits the pedestrian in the crosswalk as he turns.  Oftentimes, the driver is not paying attention and doesn’t see the pedestrian.

Another type of NJ car/pedestrian accident occurs when a driver does not slow down as he approaches a marked crosswalk and hits a pedestrian attempting to cross the street.

With the widespread use of cell phones and smartphone devices, we also see more and more pedestrian/car accidents caused by distracted driving, i.e., a driver talking or texting on the phone while driving.

New Jersey Pedestrian Law

Pursuant to New Jersey Statutes Annotated 39:4-36A, drivers must stop for pedestrians in marked crosswalks. Part of the statute states:

The driver of a vehicle must stop and stay stopped for a pedestrian crossing the roadway within any marked crosswalk, but shall yield the right-of-way to a pedestrian crossing the roadway within an unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise prohibited by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

Therefore, not only are NJ drivers required to stop for pedestrians at marked crosswalks, they must also yield to pedestrians at unmarked crosswalks at intersections.

NJ Pedestrians’ Rights to Recovery After Being Hit by a Car

Pedestrians hit and injured by cars have a right to recover damages, such as:

  • medical expenses,
  • lost wages,
  • out of pocket expenses, and/or
  • compensation for pain and suffering.

How Does No Limitation on Lawsuit/Verbal Threshold Apply in a NJ Car-Pedestrian Accident Case?

If the pedestrian owns a car, his right to sue for non-economic damages, such as pain and suffering, is dependent on whether he chose “no limitation on lawsuit” or “verbal threshold” when he bought his car insurance policy.  If he has “no limitation on lawsuit,” then he can sue for non-economic damages.

However, even if the injured pedestrian has “limitation on lawsuit” or “verbal threshold,” he may still file a lawsuit for non-economic damages if his injuries fall into one of the injury categories pursuant to New Jersey Statutes Annotated 39:6A-8a.  Read more about the injury categories, click here: New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages? (Part 1)

New Jersey Car and Truck Accident Lawyer with Over 35 Years of Experience. Free Consultations

If you were a pedestrian walking across a street or road in New Jersey and got hit by a car, feel free to contact Phil T. Ciprietti, Esquire for a free initial consultation. 800.281.8695

Mr. Ciprietti places the interests of his clients first in all matters. Here’s what former clients have to say about working with Phil Ciprietti:
“Phil is professional in his dealings and a great communicator. He never comes off as pompous or talks down to us. He asks for our opinions, and applies any information to help our case.” -William J. Bell, Sr. and Noni Bookbinder Bell

*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in New Jersey. This website page does not provide legal advice or create an attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.