Pedestrian & Crosswalk Accidents

In Bergen County, pedestrian accident lawyer services are crucial due to the all-too-common reality of pedestrian and crosswalk accidents, particularly in busy suburban towns with congested intersections and school zones. When a pedestrian is struck by a vehicle, the results are often catastrophic. Due to their vulnerability, pedestrians—especially children—face a high risk of serious injury or death. Their smaller size makes them less visible to drivers and more susceptible to severe impact injuries.

New Jersey law provides protections for pedestrians, particularly in designated crosswalks. However, despite these legal safeguards, proving fault can be challenging. Drivers may claim the pedestrian was outside the crosswalk or not paying attention, and insurers may attempt to minimize the value of your claim. These cases often become fiercely contested, requiring thorough investigation and skilled legal advocacy.

Pedestrian and crosswalk accidents are a pressing public safety issue in Bergen County and throughout New Jersey. The high population density, suburban sprawl, and congested roadways in North Jersey create similar risks for those traveling on foot. According to the New Jersey Division of Highway Traffic Safety, pedestrians accounted for 30% of all traffic fatalities statewide in recent years—one of the highest percentages in the nation.

The dangers are particularly pronounced during early morning and evening hours, when visibility is lower. Children, seniors, and commuters crossing busy intersections are especially vulnerable. Unfortunately, even marked crosswalks don’t guarantee safety. Drivers often fail to yield, speed through intersections, or are distracted behind the wheel, putting pedestrians at serious risk.

Unmarked crosswalks also pose legal challenges. Under N.J.S.A. 39:4-36, drivers are required to stop for pedestrians in marked crosswalks and at intersections with no traffic signals. However, many motorists are unaware that unmarked crosswalks exist at most intersections where sidewalks are present—leading to confusion and legal disputes when accidents occur.

Pedestrian safety remains a pressing concern in Bergen County and across New Jersey. Recent data highlights the severity of the issue:

• Bergen County Fatalities: Between 2017 and 2021, Bergen County recorded 79 pedestrian fatalities, accounting for 44.13% of all traffic deaths in the county .
• Statewide Trends: In 2024, New Jersey experienced 221 pedestrian deaths, marking a 29% increase from the previous year and the highest number since 1988 .
• National Ranking: New Jersey has been identified as the most dangerous state for pedestrians, with 31.5% of fatal car crashes between 2018 and 2022 involving pedestrians .
• Elderly Vulnerability: In Bergen County, individuals aged 75 and older represent 7.6% of the population but account for 25.2% of pedestrian fatalities .

These statistics underscore the importance of heightened awareness and proactive measures to protect pedestrians, especially in densely populated areas like Bergen County.

In Bergen County and across New Jersey, the term “crosswalk” refers to more than just painted lines on the pavement. Under New Jersey law (N.J.S.A. 39:1-1), a crosswalk is defined as:

1. Marked Crosswalk: The familiar white painted lines at intersections or mid-blocks indicating a pedestrian crossing zone.
2. Unmarked Crosswalk: Legally recognized pedestrian crossings that exist at intersections even without painted lines. These are generally the extensions of the sidewalk lines across the intersecting roadway, and are still protected under the law.

In both scenarios, New Jersey law requires drivers to stop and yield to pedestrians within any crosswalk—marked or unmarked. This means a pedestrian crossing at a standard four-way intersection in Bergen County is typically in a legal crosswalk, even if no signage or paint is present.

Being hit by a car is a traumatic and disorienting experience, but taking the right steps immediately after the incident can make a significant difference in protecting your health and legal rights. Here’s what to do:

1. Seek Immediate Medical Attention

Even if you feel fine, injuries from pedestrian accidents can be internal or delayed. Call 911 or ask someone to do so. Emergency personnel will assess your condition and transport you to the hospital if necessary.

2. Contact Law Enforcement

Ensure a police report is filed at the scene. This report will serve as a vital piece of evidence when filing insurance claims or pursuing legal action.

3. Gather Evidence

If you are physically able:

• Take photos of the scene, vehicle, your injuries, and surrounding conditions.
• Get the driver’s contact, license plate, and insurance information.
• Obtain contact details of any witnesses.

4. Do Not Admit Fault

Avoid making statements that could be interpreted as accepting blame. Stick to the facts when speaking with police and others.

5. Report the Accident to Your Insurance

New Jersey is a no-fault state, which means your Personal Injury Protection (PIP) insurance can cover medical expenses, even if you were a pedestrian.

6. Consult a Personal Injury Attorney

An experienced attorney based in Bergen County can help you:

• Understand your rights under New Jersey law
• Navigate complex insurance processes
• File a claim for medical expenses, lost wages, and pain and suffering
• Comply with legal deadlines, such as New Jersey’s two-year statute of limitations for personal injury claims, or 90 days if a government entity is involved

7. Follow Through on Medical Care

Continue treatment and follow all medical advice. Keep records of appointments, diagnoses, bills, and any changes in your physical or emotional condition.

Pedestrian accident cases in Bergen County are governed by New Jersey state laws that establish the rights of injured victims and the responsibilities of drivers. For those injured while walking in crosswalks or along roadways, it’s critical to understand several key legal factors that affect their ability to pursue compensation.

First and foremost, New Jersey’s right-of-way laws play a vital role. Under N.J.S.A. 39:4-36, drivers are legally required to stop and remain stopped for pedestrians in marked crosswalks. Failure to comply can result in traffic citations and serves as strong evidence of negligence in civil claims. Even in unmarked crosswalks—at intersections with sidewalks—drivers must yield when pedestrians are crossing.

Another major consideration is comparative negligence. New Jersey follows a “modified comparative fault” rule, meaning a pedestrian can still recover damages even if they were partially at fault—so long as their share of fault does not exceed 50%. For example, if a court finds a pedestrian 30% at fault for darting into the road, their compensation will be reduced by that percentage.

The statute of limitations is also critical. Pedestrian accident victims generally have two years from the date of the accident to file a personal injury lawsuit. However, if the accident involves a public bus or a hazardous roadway condition maintained by a government agency, the New Jersey Tort Claims Act requires the victim to file a Notice of Claim within 90 days of the incident. Missing this deadline can forfeit your right to compensation.

Because New Jersey is a no-fault insurance state, many injured pedestrians can access Personal Injury Protection (PIP) benefits. If you or someone in your household owns a vehicle, your auto insurance policy might cover medical bills, regardless of who was at fault. If no applicable PIP policy exists, the at-fault driver’s insurance may be pursued for damages.

In some cases, the roadway or sidewalk condition itself may be at fault. When this occurs, municipal liability can arise. To bring a claim against a town, county, or state agency (such as NJDOT), strict procedures must be followed, including documentation of the defect and evidence of the government’s prior knowledge or negligence.

Key Legal Aspects at a Glance:

Right-of-Way Laws: Drivers must stop for pedestrians in both marked and unmarked crosswalks. (N.J.S.A. 39:4-36)

Comparative Negligence: Compensation is reduced by the pedestrian’s percentage of fault (if under 51%).

Statute of Limitations: Two years for personal injury lawsuits; 90 days to file against public entities under the Tort Claims Act.

PIP Coverage: May be accessed through your auto policy or a household member’s, regardless of fault.

Municipal Liability: Applies when dangerous roadway conditions contribute to the accident; special claim procedures apply.

Understanding these laws is essential for effectively asserting your rights and protecting your claim. Victims are encouraged to consult with an experienced personal injury attorney who understands Bergen County courts and New Jersey traffic statutes.

Crosswalks and traffic signals serve as critical tools in reducing pedestrian accidents in Bergen County. When properly designed and obeyed, they create predictable zones for pedestrian movement and signal clear responsibilities for drivers. However, failure to follow or properly maintain these traffic controls can significantly increase the likelihood of collisions.

In New Jersey, marked crosswalks are often found at intersections and mid-block locations, providing designated safe areas for pedestrians to cross. According to N.J.S.A. 39:4-36, drivers are required to stop and yield to pedestrians within any marked crosswalk and must remain stopped until the pedestrian has cleared the lane. Pedestrians, in turn, are expected to use crosswalks when available and follow traffic control signals.

Traffic signals, including pedestrian walk signals and countdown timers, also play a key role. These devices regulate the flow of both vehicles and foot traffic. When signals are obeyed, they help minimize conflicts between cars and pedestrians. However, many accidents occur when:

• Drivers run red lights or fail to yield while turning at intersections.
• Pedestrians cross against signals or step into traffic outside marked areas.
• Traffic lights are malfunctioning or poorly timed, creating confusion.

Crosswalk and signal violations are often at the center of fault determinations in accident claims. A driver who fails to yield to a pedestrian in a crosswalk with an active “Walk” signal may be presumed negligent. Conversely, if a pedestrian crosses against a “Don’t Walk” signal, their actions may contribute to the accident, affecting their compensation under comparative negligence rules.

Additionally, unmarked crosswalks, which legally exist at most intersections, can complicate liability issues. Many drivers are unaware of their duty to yield at these locations, and municipalities may be held liable if inadequate signage or signal timing contributed to unsafe conditions.

Ultimately, crosswalks and signals are only as effective as their design, visibility, and public compliance. Where they are ignored or defective, serious pedestrian accidents can result—often with devastating consequences.

In any pedestrian accident case in Bergen County, the success of a personal injury claim depends heavily on the quality and availability of evidence. The goal is to prove that the driver or another party acted negligently, that their actions caused the accident, and that you suffered injuries as a result. Here’s the key evidence typically needed:

1. Police Report

The responding police officer’s report is a foundational document. It includes details like the date, time, and location of the accident, statements from both parties, citations issued, and sometimes an initial determination of fault. This report helps establish a neutral third-party account of the incident.

2. Photographic and Video Evidence

Photos taken at the scene—including skid marks, vehicle damage, injuries, road signs, and traffic signals—can offer powerful visual proof. If nearby businesses, residences, or traffic cameras captured the accident, this footage can be pivotal in showing what actually occurred.

3. Witness Statements

Independent witnesses can provide crucial corroboration. Their observations may confirm who had the right of way, how fast the vehicle was going, or whether traffic signals were obeyed. Witness testimony adds credibility and can counter any false claims made by the driver.

4. Medical Records

Comprehensive medical documentation is essential to prove the extent and cause of your injuries. Records from ER visits, physician notes, imaging (like X-rays or MRIs), and rehabilitation therapy not only support your claim but also link the injuries directly to the accident.

5. Expert Testimony

Accident reconstruction experts can help determine fault by analyzing the physics of the collision, such as the driver’s speed and stopping distance. Medical experts may also testify to the severity and long-term impact of your injuries.

6. Insurance Documentation

All communication with insurers—yours and the driver’s—should be preserved. This includes claim numbers, adjuster names, settlement offers, and denials. Such records help track the timeline and terms of the compensation process.

7. Driver’s Information

Collecting the at-fault driver’s license number, plate number, insurance policy details, and contact information is critical. If the driver flees the scene, prompt reporting to the police can initiate an investigation into a hit-and-run offense.

8. Traffic Signal and Crosswalk Evidence

Whether or not you were in a marked crosswalk or had a “Walk” signal at the time of the accident can affect liability significantly. Photos, intersection maps, and city planning documents may help confirm traffic control devices and pedestrian rights-of-way.

If you’ve been hit by a car while walking in Bergen County, a personal injury attorney can be an indispensable advocate during your recovery and legal journey. These cases often involve complex liability issues, insurance disputes, and strict procedural rules that can significantly impact the outcome. Here’s how a skilled attorney can help:

1. Investigating the Accident

Your attorney will launch a thorough investigation, gathering all available evidence including police reports, medical records, surveillance footage, witness statements, and accident reconstruction analysis. This step is essential for building a strong case that proves fault and maximizes your chances of compensation.

2. Determining Liability

Pedestrian cases often involve disputes over right-of-way, crosswalk use, or comparative negligence. An experienced attorney understands how New Jersey’s traffic laws and N.J.S.A. 39:4-36 apply to your case and can effectively counter any efforts to shift blame onto you.

3. Handling Insurance Companies

Insurance adjusters frequently aim to minimize payouts. Your attorney will manage all communications, ensuring that you don’t say anything that could harm your claim. They will negotiate firmly to obtain a settlement that fully covers your medical bills, lost wages, pain and suffering, and long-term care if needed.

4. Calculating Damages

Many accident victims underestimate the full value of their claim. A personal injury attorney can evaluate both economic (medical costs, lost income) and non-economic damages (pain, trauma, loss of enjoyment of life), and seek compensation accordingly.

5. Managing Deadlines and Legal Requirements

New Jersey imposes a two-year statute of limitations for most personal injury cases. If your case involves a government entity—such as a public bus or unsafe public crosswalk—a Notice of Claim must be filed within 90 days under the New Jersey Tort Claims Act. Missing these deadlines can void your right to compensation. Your attorney ensures all filings are accurate and timely.

6. Representing You in Court

If a fair settlement cannot be reached, your lawyer is prepared to litigate. This includes presenting your case before a judge or jury, cross-examining witnesses, and delivering a compelling argument grounded in the law and facts of your case.

7. Providing Emotional and Legal Support

Beyond legal strategy, a personal injury attorney offers much-needed support during a stressful and vulnerable time. They manage the legal burdens so you can focus on healing and rebuilding your life.

Working with a local Bergen County attorney ensures familiarity with area courts, traffic conditions, and municipal policies—giving your case a strategic edge.