Being hit by a vehicle while walking can upend your life in seconds. Beyond painful injuries, a pedestrian accident can disrupt your independence, strain relationships, derail your career, and lead to overwhelming medical bills. The road to recovery often extends far beyond emergency medical care and may involve months, and even years, of rehabilitation, assistive devices, ongoing treatment, and creating a plan for long-term financial security.
At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we know pedestrian accidents are not “typical” car accident cases. They require a firm grasp of New Jersey traffic and insurance law, strong medical evidence, and the ability to clearly and persuasively communicate the full impact of your injuries to insurance companies and juries.
What sets our pedestrian accident team apart is our trial ready approach. We prepare each case using a state-of-the-art, fully equipped inhouse mock courtroom, conduct mock jury presentations, and work closely with two retired presiding judges who collaborate directly with our trial lawyers. This lets us stress test liability, damages, and case themes and refine your case presentation long before we step into a real courtroom.
This blend of compassion, meticulous preparation, and courtroom strategy has made Scura Law a trusted choice for people injured in New Jersey pedestrian accidents. From cross walk and intersection collisions to hit-and-run and school zone crashes, our team is prepared to fight for you.
What is a Pedestrian Accident Claim in New Jersey?
New Jersey law imposes strict rules for drivers at crosswalks and intersections and allows injured pedestrians to seek compensation when a driver’s negligence causes harm. Both pedestrians and motorists have statutory rights, duties, and obligations under N.J.S.A. §§ 39:4-32 – 39:4-37.1 and other related motor vehicle laws.
In general:
- Pedestrians and motorists both have the right to use streets and highways and must do so with reasonable care.
- Pedestrians in marked crosswalks and are crossing the street in accordance with other traffic control devices (such as traffic signals) are granted the right of way.
- Pedestrians crossing outside a crosswalk or in an area without traffic control device are responsible for their own safety and must use heightened caution.
To bring a successful claim, an injured pedestrian must generally prove that the driver owed a duty of care, breached that duty, caused the collision, and that the pedestrian suffered injuries.
Some Common pedestrian accident scenarios include the following:
- Crosswalk & Intersection Collisions (left/right turns, rolling stops, failure to yield)
- School Zone & Residential Street Crashes
- Bus Stops, rideshare, and curbside pickup/drop-off incidents
- Parking-lots and driveway “back-over” cases
- Hit-and-Run or “Phantom Vehicle” Claims
Common injuries resulting from pedestrian accidents include:
- Complex Fractures & Broken Bones
- Traumatic Brain Injuries/Concussions
- Spinal Trauma & Herniations
- Scarring & Disfigurement
- Psychological injuries, including PTSD, anxiety, depression, and emotional trauma
How Long Do You Have to File a Lawsuit for Injuries from a Pedestrian Accident?
Timing is critical in all personal injury claims. In most cases, you have two years from the date of the accident to file a lawsuit. However, if a public/government entity was involved, such as a New Jersey Transit bus, a municipal vehicle, or police vehicle, you may be required to file a Notice of Claim under the New Jersey Tort Claims Act within 90 days of the accident. Missing these deadlines can bar your claim, even in cases of serious or catastrophic injury. For injured children, certain time limits may be extended, but there are still important deadlines and notice requirements that must be evaluated immediately.
After a pedestrian accident, it is crucial to speak with an attorney as soon as possible to:
- Confirm and protect all applicable deadlines
- Preserve physical and digital evidence
- Locate and secure video footage and witnesses
- Navigate complex insurance issues
- Protect your rights and seek justice
Who Pays After a Pedestrian Accident?
There are several potential sources of coverage that may apply in a New Jersey pedestrian accident:
Personal Injury Protection (PIP) Medical Benefits
PIP coverage is included in all standard New Jersey motor vehicle policies and pays for medical treatment related to auto accidents, regardless of fault. If you or someone in your household owns a vehicle with valid auto insurance, that policy may provide PIP benefits even if you were injured as a pedestrian. If you do not own a vehicle and no household policy applies, you may still be entitled to medical benefits through the at-fault driver’s policy under N.J.S.A. § 17:28-1.3 and other sources of funding.
At Fault Driver’s Liability Coverage
We pursue claims against the negligent driver’s bodily injury liability coverage. Where appropriate, we also pursue claims against commercial employers or other responsible entities to maximize your financial recovery.
Uninsured/Underinsured (UM/UIM) Coverage
If the driver who hits you is uninsured, carries insufficient coverage, or flees the scene, we can pursue a UM/UIM claim to access additional insurance benefits that you may not realize are available.
NJ PLIGA
The New Jersey Property-Liability Insurance Guaranty Association, otherwise known as NJ PLIGA, may provide coverage and other benefits in limited scenarios in the event there are no other applicable policies.
Public Entity Claims
If a public entity contributed to your injuries, either through negligent operation of a government vehicle, unsafe road design/maintenance, or by creating a dangerous condition, special rules and procedures apply. We evaluate potential claims against towns, cities, counties, the State, and public agencies to explore all possible avenues of recovery and ensure compliance with all required notice provisions.
What Money is Recoverable in Pedestrian Accident Cases?
New Jersey law allows injured pedestrians to pursue multiple categories of compensation. Some of these categories include:
Economic Losses
These are the financial losses you’ve incurred or will incur, including:
- Past and future medical bills
- Rehabilitation, therapy, and assistive device costs
- Lost wages and loss of earning capacity
Non-Economic Damages
These compensate you for the human impact of your injuries, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
It is important to understand that certain New Jersey that some auto policies and lawsuit thresholds may affect your ability to recover for your injuries. At Scura Law, we carefully analyze these coverage and threshold issues in every case and aggressively advocate to maximize all benefits and compensation available to you.
What to Do After a Pedestrian Accident
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Call 911 and get immediate medical attention.
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Document the scene by taking photos and videos of the vehicle, your injuries, the crosswalk or roadway, traffic signals, lighting, and any skid marks.
- Identify witnesses and nearby camera sources (homes, businesses, surveillance cameras).
- Avoid speaking to the driver or their insurance company.
- Preserve evidence such as the photos and videos, clothing, footwear, and other damaged personal items.
- Follow treatment recommendations and keep a symptom/daily living impact journal.
Why Pedestrian Cases Demand a Different Approach From Other Personal Injury Cases
Pedestrian accident claims are often heavily contested. Insurance companies will try and find any way to limit their liability and exposure. Some common techniques that insurance companies use include:
- Blaming the pedestrian for “darting out” into traffic
- Focusing on clothing color, lighting, or visibility to argue that the driver is not entirely at fault for the accident, or that you should have seen the vehicle
- Attempting to downplay your injuries or suggesting any injuries are the result of pre-existing conditions
- Arguing shared or majority fault to reduce or deny compensation
This is why it is important to contact Scura Law as we are experienced with New Jersey pedestrian accident litigation. We prepare every case as though it is going to trial. We challenge defense narratives at every stage and build a clear, evidence-based story of what really happened and how the accident has changed your life.
Our pedestrian accident team uses a full arsenal of cutting edge tools, including:
- Accident Reconstruction – Utilizing scene measurements, timing data, vehicle dynamics, sightlines, lighting conditions, and other evidence to explain how the crash occurred and why the driver is at fault.
- Life Care Plans – Experts who calculate the cost of your future medical needs, assistive care, and lost income over your lifetime.
- Medical Evidence – Analyzing your medical records from treating physicians and specialists and retaining medical experts to prove diagnosis, causation, permanency, and future care needs.
- Demonstrative Evidence – Diagrams, timelines, videos, and animations that present your case clearly and powerfully to adjusters, judges, and juries.
Our In-House Mock Courtroom and Trial Lawyers Team
Our pedestrian accident team utilizes a fully functional in-house mock courtroom, allowing us to:
- Conduct mock jury focus groups with community members who review evidence, deliberate, and provide candid feedback.
- Test different case themes, witness examinations, and demonstrative evidence.
- Prepare our clients for depositions and trial, reducing anxiety and improving clarity and confidence.
Our team also collaborates with Hon. Thomas F. Brogan, P.J. Civ. (Ret.) and Hon. Randal C. Chiocca, P.J. Ch. (Ret.) when preparing a case for trial. Their judicial insight helps us refine motions, evidentiary issues, jury selection, and valuation. Instead of guessing how a court might rule, we receive practical guidance rooted in decades on the bench.
Why Choose Scura Law to Handle Your Pedestrian Accident Case
Our pedestrian accident team prepares every case as if we are going to trial and not just for settlement. We provide individualized, detailed attention to every case to best fight on your behalf.
Our team at Scura Law understands the profound impact that injuries resulting from a pedestrian accident can have on your life and fights hard to make sure others see it the same way. We utilize decades of not only attorney experience, but judicial insight, top experts, and cutting edge technology to advocate on your behalf.
Pedestrian claims are among the most contested personal injury cases in New Jersey. They require meticulous investigation, credible experts, and trial ready presentations. At Scura, Wigfield, Heyer, Stevens & Cammarota, we’ve built our practice around those principles. Our mock courtroom, retired judges, and experienced trial lawyers ensure your case is prepared from day one.
If you or a loved one has been injured as a pedestrian in New Jersey, don’t wait. Contact our team today to schedule a free consultation with an experienced New Jersey pedestrian accident attorney today and learn how we can help protect your rights and secure the compensation you deserve.