Imagine crossing the street on your way to work, stepping into a marked crosswalk with the light in your favor, when a driver making a turn strikes you without warning. In an instant, you are on the ground with serious injuries, facing emergency room bills, weeks or months away from your job, and no clear understanding of what happens next. Unfortunately, this scenario is far too common in New Jersey and New York.
In 2024, 230 pedestrians were killed on New Jersey roads alone, a 30-year high according to the New Jersey State Police. Nationwide, the National Highway Traffic Safety Administration (NHTSA) reported that 7,148 pedestrians were struck and killed by motor vehicles in 2024. While those numbers declined somewhat in 2025, thousands of pedestrians continue to suffer life-altering injuries every year. If you or someone you love has been hit by a car while walking, understanding your legal rights is an essential first step toward obtaining the compensation you may deserve.
Your Rights as a Pedestrian in New Jersey
New Jersey law provides important protections for pedestrians. Under N.J.S.A. 39:4-36, drivers are required to yield the right-of-way to pedestrians within any marked crosswalk or at any unmarked crosswalk at an intersection. A driver who fails to yield and strikes a pedestrian may be liable for the resulting injuries.
To pursue a personal injury claim after a pedestrian accident in New Jersey, you generally must establish four elements: the driver owed you a duty of care, the driver breached that duty (for example, by speeding, running a red light, or failing to yield), the breach caused your injuries, and you suffered actual damages such as medical expenses, lost wages, or pain and suffering.
New Jersey follows a modified comparative negligence rule under N.J.S.A. 2A:15-5.1. This means that even if you were partially at fault for the accident, such as crossing outside of a crosswalk, you may still recover compensation. However, your award will be reduced by your percentage of fault. If you are found to be more than 50 percent at fault, you are barred from recovering any damages.
It is also important to know that New Jersey is a no-fault insurance state. After a pedestrian accident, your own automobile insurance policy (or the policy of a household member) typically provides Personal Injury Protection (PIP) benefits to cover initial medical expenses, regardless of who caused the accident. However, to pursue a claim for pain and suffering against the at-fault driver, you may need to meet the serious injury threshold unless you selected the unlimited right to sue option on your insurance policy.
The statute of limitations for filing a personal injury lawsuit in New Jersey is two years from the date of the accident under N.J.S.A. 2A:14-2. If the accident involved a government vehicle or occurred on government property, you must file a Notice of Claim within 90 days under the New Jersey Tort Claims Act (N.J.S.A. 59:8-8). Missing these deadlines could permanently bar your claim.
Your Rights as a Pedestrian in New York
New York provides strong protections for injured pedestrians as well, though the legal framework differs from New Jersey in several important ways.
New York follows a pure comparative negligence standard under CPLR § 1411. Unlike New Jersey, there is no threshold that bars recovery. Even if you are found to be 80 or 90 percent at fault, you may still recover damages, reduced by your percentage of fault. This is a significant protection for pedestrians who may have contributed to the accident in some way.
Like New Jersey, New York is also a no-fault state. Pedestrians who are struck by a motor vehicle are considered “covered persons” under the New York Insurance Law and are entitled to no-fault (PIP) benefits from the striking vehicle’s insurance carrier. These benefits cover medical expenses, a portion of lost earnings, and other basic economic losses up to $50,000, regardless of fault.
To recover compensation for pain and suffering in New York, however, you must demonstrate that you sustained a “serious injury” as defined by Insurance Law § 5102(d). The statute lists nine categories of qualifying injuries, including significant disfigurement, bone fracture, permanent limitation of use of a body organ or member, and a medically determined injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days following the accident.
The statute of limitations for personal injury claims in New York is three years from the date of the accident under CPLR § 214. For claims against a New York City agency or municipal entity, a Notice of Claim must be filed within 90 days, and the lawsuit must be filed within one year and 90 days of the incident.
What Should You Do After a Pedestrian Accident?
If you have been hit by a car, the steps you take in the immediate aftermath can significantly impact your ability to recover compensation. Here are several important steps to consider:
- Seek medical attention immediately: Even if your injuries seem minor at first, some conditions, such as internal bleeding, concussions, or soft tissue damage, may not be immediately apparent. Prompt medical treatment creates documentation that can be critical to your claim.
- Call the police: A police report provides an official record of the accident, including the driver’s information, witness statements, and the officer’s observations about the scene.
- Document the scene: If you are able, take photographs of the accident scene, your injuries, the vehicle involved, traffic signals, crosswalks, and any other relevant details.
- Do not give recorded statements to insurance companies: Insurance adjusters may contact you shortly after the accident. It is generally advisable to consult with an attorney before providing any recorded statements, as these statements can be used to minimize your claim.
- Keep records of all expenses: Save all medical bills, receipts, pay stubs showing lost wages, and any other documentation of the financial impact of your injuries.
- Consult a personal injury attorney: An experienced attorney can evaluate the circumstances of your accident, advise you on the applicable laws in your state, and help you pursue the full compensation you may be entitled to.
Conclusion
Pedestrian accidents can result in devastating injuries that affect every aspect of your life, from your physical health to your ability to work and provide for your family. Whether your accident occurred in New Jersey or New York, the law provides pathways to compensation, but navigating the legal process requires an understanding of the specific rules, deadlines, and requirements that apply in each state. Acting promptly and seeking experienced legal guidance can make a meaningful difference in the outcome of your case.
If you or a loved one has been injured in a pedestrian accident in New Jersey or New York, Song Law Firm is here to help. Our personal injury team has experience handling pedestrian accident claims and can guide you through every step of the legal process.
For a free consultation, call 201-461-0031 or email pi@songlawfirm.com. The sooner you reach out, the sooner we can begin protecting your rights.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a qualified attorney for advice specific to your circumstances.
