Pedestrian accidents are among the most devastating types of crashes in New York and New Jersey. A moment of distraction by a driver can leave a person with life-altering injuries and overwhelming medical bills. If you or someone you love was struck by a vehicle, knowing your rights—and understanding how your medical costs and pain-and-suffering damages are covered—can make all the difference in your recovery.
Who Has the Right of Way
Both states have clear rules: drivers must stop or yield to pedestrians in marked crosswalks. When approaching an intersection, motorists are expected to slow down and remain alert for people crossing the road. A driver who fails to yield or drives inattentively can be held legally responsible for the injuries that result.
Pedestrians also have responsibilities—they must cross when signals allow and exercise reasonable care for their own safety—but a momentary mistake by a pedestrian does not erase the driver’s duty to exercise caution.
If You Were Partly at Fault
Accidents are rarely black-and-white. Even if you were partly at fault, you may still be entitled to compensation.
- New York follows a pure comparative negligence rule: your compensation is reduced by your percentage of fault, but you can recover even if you were mostly not careful.
- New Jersey follows a modified comparative negligence rule: you can recover damages only if you were 50% or less at fault.
For example, if your total damages are $100,000 and you are found 25% responsible, your recovery would be $75,000.
This system ensures that a pedestrian who bears some responsibility—such as stepping off the curb slightly early—can still be compensated when the driver’s negligence is the primary cause.
How Medical Bills Are Covered
After a pedestrian crash, one of the first questions victims ask is “Who pays my medical bills?”
The answer depends on where the accident happened and what insurance applies:
- New York (No-Fault System):
Under New York’s no-fault insurance law, the vehicle’s insurance—not the pedestrian’s—pays for medical treatment and lost wages, regardless of who caused the accident. This coverage is called Personal Injury Protection (PIP) and generally provides up to $50,000 for medical expenses and economic losses.
Once that coverage is exhausted, any remaining bills can be submitted to your health insurance or pursued through a claim against the at-fault driver. - New Jersey:
New Jersey’s system is similar but depends on your own insurance coverage. If you own a car, your own PIP coverage usually pays first, even if you were walking when hit. If you don’t own a car, the driver’s PIP typically covers your medical costs.
Like New York, once PIP benefits run out, you can recover additional expenses and damages from the negligent driver through a personal-injury lawsuit.
Compensation for Pain and Suffering
In addition to medical expenses, you may recover non-economic damages—often called pain and suffering—if your injuries are serious. This includes compensation for:
- Physical pain, scarring, or permanent limitations
- Emotional distress, anxiety, or trauma
- Loss of enjoyment of life or mobility
- Impact on work, family, or daily activities
Under New York law, a pedestrian must usually meet a “serious injury” threshold to claim pain-and-suffering damages (such as fractures, significant scarring, or permanent impairment). New Jersey has a similar rule for those who selected a “limitation on lawsuit” option in their auto policy, but pedestrians without auto insurance often are not bound by that restriction.
An experienced personal-injury attorney can evaluate whether your injuries qualify and calculate fair compensation based on medical records, expert evaluations, and how your life has changed since the accident.
What to Do Immediately After an Accident
If you are hit by a car, take these steps as soon as possible:
- Call 911 to request police and medical assistance.
- Get medical attention right away. Even minor symptoms can develop into serious conditions later.
- Document the scene. Take photos of the vehicle, your injuries, the roadway, and traffic signals.
- Get contact information for the driver, witnesses, and anyone who saw the crash.
- Do not discuss fault with the driver or insurance representatives. Speak only to the police.
- Contact a personal-injury attorney to guide you through insurance claims and protect your rights.
Legal Deadlines to File a Claim
There are strict deadlines for filing claims:
- New York: You generally have three years from the date of the accident to file a personal-injury lawsuit. If a government vehicle or public property was involved, you must file a Notice of Claim within 90 days.
- New Jersey: You generally have two years to file suit, and if a public entity was involved, a Notice of Claim must be filed within 90 days.
Failing to meet these deadlines may permanently prevent recovery. Prompt legal advice ensures all notices and filings are completed correctly and on time.
Common Injuries and Their Impact
Pedestrian collisions often cause serious injuries such as:
- Fractures and orthopedic trauma
- Head and spinal injuries
- Internal bleeding and organ damage
- Soft-tissue injuries or nerve damage
- Post-traumatic stress and emotional distress
Beyond the immediate pain, these injuries can lead to months of rehabilitation, lost wages, and lasting limitations. Compensation is meant to restore not only financial losses but also the quality of life you’ve lost because of someone else’s carelessness.
How a Personal-Injury Lawyer Can Help
Pedestrian accident claims are complex because they may involve multiple insurance companies and overlapping coverage rules. An experienced attorney can:
- Identify every available insurance policy and coordinate PIP and liability coverage
- Collect vital evidence such as surveillance footage, police reports, and medical documentation
- Work directly with insurers to ensure bills are paid on time
- Pursue compensation for both economic losses and pain and suffering
- Handle negotiations or litigation while you focus on healing
Early legal guidance helps ensure that medical expenses are covered promptly and that you receive full and fair compensation for your injuries.
Get Help Today
Pedestrian accidents often cause serious, long-term consequences—but you don’t have to handle them alone. If you were struck by a vehicle in New York or New Jersey, contact Song Law Firm today for a free consultation at 201-461-0031 or pi@songlawfirm.com.
Our experienced attorneys understand the local laws, insurance systems, and deadlines that affect your claim. We will fight to secure coverage for your medical bills and pursue the maximum compensation for your pain and suffering.
Disclaimer: This column is for informational purposes only and does not constitute legal advice. Each case is unique. Consult an attorney to receive guidance specific to your situation.
