First Steps After Being Hit by a Car in NJ
If you or a family member has just been hit by a car as a pedestrian in New Jersey, the steps you take in the first hours and days protect both your health and your right to compensation. The right order:
- Call 911 — even if injuries feel minor. A police report creates the official record
- Stay still until paramedics evaluate you. Adrenaline masks serious injuries; don’t move from shock
- Get the driver’s information — name, license, insurance carrier, policy number, vehicle plate
- Get witness contact information — names and phone numbers of bystanders
- Photograph the scene if you’re physically able — vehicle position, road markings, signage, your injuries, the driver’s plate
- Accept ambulance transport. The hospital evaluation establishes the medical record that anchors your case
- Do NOT sign anything from the driver’s insurance carrier
- Contact a NJ pedestrian accident attorney within days, not weeks
Call 908-692-7745 for a free consultation. Read on for how NJ’s no-fault PIP system shapes pedestrian recovery.
NJ Personal Injury Protection (PIP) and Pedestrians
New Jersey is a “no-fault” state for auto insurance, which makes pedestrian claims more complex than they seem. Pedestrians injured by cars in NJ may have access to three potential sources of insurance recovery:
- Your own auto policy’s PIP — if you own a vehicle, your own PIP follows you as a pedestrian and pays medical expenses up to policy limits
- The driver’s auto liability insurance — for your bodily injury and pain-and-suffering claim against the at-fault driver
- The driver’s PIP — if you don’t own a vehicle, NJ allows pedestrians to claim PIP benefits against the driver’s policy
NJ’s PIP requirement is codified at N.J.S.A. 39:6A-4; pedestrian coverage rules under N.J.S.A. 39:6A-7.
“Limited” vs “Full” Tort — The NJ Threshold Question
This is where NJ pedestrian cases diverge most from other states. Most NJ auto policyholders selected either:
- Limited tort — lower premium, but you can only sue for pain and suffering if your injuries meet a statutory threshold (death, dismemberment, significant disfigurement, displaced fractures, loss of a fetus, or permanent injury)
- Full tort — higher premium, no threshold required to recover non-economic damages
The catch for pedestrians: if you don’t own a car, your tort election is typically the one chosen by your household policy. If the household has limited tort, you may be subject to the threshold even though you’re suing as a pedestrian. There are important exceptions, including cases where the driver was intoxicated — talk to a NJ pedestrian accident lawyer before assuming the threshold blocks your claim.
NJ Statutes Drivers Violate in Pedestrian Accidents
The statutory framework matters because it creates per se negligence — proof of the violation generally establishes the breach element of your case:
- N.J.S.A. 39:4-36 — Drivers must yield to pedestrians in crosswalks. Failure to yield is 2 points and an automatic prima facie negligence case
- N.J.S.A. 39:4-97 — Careless driving
- N.J.S.A. 39:4-96 — Reckless driving (criminal-track)
- N.J.S.A. 39:4-50 — DWI (if driver was impaired)
- N.J.S.A. 39:4-32 — Pedestrian’s duty to follow traffic signals (relevant to defense’s comparative fault arguments)
Common NJ Pedestrian Accident Locations
If you practice pedestrian PI in NJ, the hotspots are predictable:
- Asbury Park boardwalk crossings — Ocean Ave, Cookman Ave
- Route 9 corridor through Lakewood to Toms River — high traffic, limited crosswalks
- Long Branch boardwalk and Ocean Avenue
- Red Bank Broad Street — dense pedestrian environment, frequent incidents
- Freehold Raceway Mall parking lot
- Brick Boulevard intersections
- Toms River Hooper Avenue shopping corridor
- Garden State Parkway service-road crossings
If You Were Partly at Fault as a Pedestrian
NJ’s modified comparative negligence rule (N.J.S.A. 2A:15-5.1) applies to pedestrians just like other PI claimants:
- You can recover if you’re less than 51% at fault
- Recovery is reduced by your fault percentage
- Common partial-fault scenarios for pedestrians: crossing outside a crosswalk, crossing against the signal, being distracted by phone, dark clothing at night
- Crossing against the light usually contributes significant fault, but rarely eliminates recovery
Hit-and-Run Pedestrian Accidents
If the driver fled the scene:
- Your own auto policy’s Uninsured Motorist (UM) coverage may apply
- Report immediately to police — delays hurt your claim
- Surveillance video, plate witnesses, and vehicle-damage matching often identify drivers later
- If driver is identified but uninsured, NJ’s Property Liability Insurance Guaranty Association (PLIGA) may provide a recovery source
If the Driver Was on the Job (Commercial Liability)
Pedestrian accidents involving delivery drivers, Uber/Lyft drivers, truck drivers, or employees driving for work activate employer liability under the doctrine of respondeat superior. Commercial policies typically carry far higher limits than personal auto policies — sometimes orders of magnitude higher.
Specific carriers and claims processes for major employers (Amazon, UPS, FedEx, Uber, Lyft, USPS) each have their own quirks. A lawyer who handles NJ commercial-vehicle accidents knows the leverage points.
What Your NJ Pedestrian Accident Case May Be Worth
Damages in NJ pedestrian PI cases typically include:
- Medical expenses, past and reasonably projected future
- Lost wages and earning capacity
- Pain and suffering (subject to limited-tort threshold if applicable)
- Permanent impairment or disability
- Loss of consortium for the injured person’s spouse
- Wrongful death if the accident was fatal (N.J.S.A. 2A:31-1)
Catastrophic-injury indicators (TBI, paralysis, amputation, significant burns, permanent organ damage) substantially change valuation. So does the driver’s insurance limits and the availability of commercial-policy coverage.
Statute of Limitations: 2 Years (90 Days for Government Vehicles)
You have 2 years from the date of the accident to file a personal injury lawsuit in NJ. Wrongful death claims have the same 2-year window. If the driver was operating a government vehicle (police car, town truck, school bus), you must file written notice within 90 days under the Tort Claims Act before any suit can proceed.
Minors who are injured have the clock paused until age 18.
How a NJ Pedestrian Accident Lawyer Is Paid
Contingency fee — capped at 33⅓% under NJ Rule 1:21-7 for most PI matters. No upfront cost. All case expenses (medical record retrieval, expert witnesses, court filing fees) are fronted by the firm and recovered from any settlement.
If there’s no recovery, you owe no attorney’s fee.
Frequently Asked Questions
What should I do immediately after being hit by a car in NJ?
Call 911, accept medical evaluation, document everything, photograph the scene if possible, and get a lawyer before talking to the driver’s insurance.
Can I sue if I was crossing outside the crosswalk?
Yes, if your fault is less than 51% under NJ comparative negligence. Drivers still owe a duty to keep a proper lookout, and that duty doesn’t disappear because you crossed mid-block.
What if I don’t own a car — am I still covered for PIP?
Yes. NJ allows pedestrians without their own auto policy to claim PIP benefits under the at-fault driver’s policy.
What if the driver fled the scene?
Your own UM coverage may apply. If the driver is later identified but uninsured, PLIGA may provide recovery. Police investigation often identifies hit-and-run drivers within days.
How long do I have to file a NJ pedestrian accident lawsuit?
2 years from the date of accident. 90 days for written tort-claim notice if the vehicle was government-owned.
Can I claim if the accident happened in a parking lot?
Yes — parking lots are still public-facing private property where driver negligence and premises issues both come into play. Settlement values can be similar to roadway accidents.
Talk to a NJ Pedestrian Accident Lawyer
If you or a loved one has been struck by a car as a pedestrian in New Jersey, the decisions you make in the first days affect your right to recover compensation. Goldman Law Firm represents NJ pedestrians injured in roadway, intersection, and parking-lot accidents throughout the state.
Free consultations. No fee unless we recover.
Call 908-692-7745 or request a free consultation online.
Related New Jersey Legal Resources
- NJ Personal Injury Lawyer
- NJ Car Accident Lawyer
- NJ Slip and Fall Lawyer
- Ocean County Lawyer
- Monmouth County Lawyer
- Free Consultation
Ready to talk to a lawyer? See our NJ pedestrian accident lawyer page or call 908-692-7745 for a free consultation.