Hit by a Car While Walking in Bergen County isn’t just a phrase—it’s the moment everything changes. We’re Sammarro & Zalarick, a Bergen County firm, and when a driver hits a pedestrian our first job is simple: give you a clear plan. Do you have a case? Who covers the hospital bills? What if you weren’t in a marked crosswalk? We answer those questions the day you call.
We’ll explain your rights under New Jersey law, how fault is divided, what deadlines matter, and the first steps to protect your claim—medical coverage, evidence to save, and how we deal with insurers—so you can focus on healing while we handle the heavy lifting.
The Law on Crosswalks and Right of Way—And What It Means for You
New Jersey gives pedestrians strong protection in crosswalks—marked or unmarked at intersections. Drivers must stop and remain stopped for people in the crosswalk and may not pass a car that’s already stopped for someone crossing. At the same time, pedestrians can’t step off the curb into the path of a vehicle that can’t reasonably stop. The statute imposes due care on both sides. In the real world, that means a driver who rolls a right-on-red and clips you in a crosswalk is usually bearing most of the fault, while a person who darts mid-block between parked cars may share blame. The details decide apportionment.
How Fault Really Works: New Jersey’s Comparative Negligence
New Jersey uses modified comparative negligence. A jury assigns percentages of fault to everyone involved. If you’re 50% or less at fault, you can still recover, but your compensation is reduced by your share. At 51% or more, you recover nothing. We keep your percentage fair by anchoring the facts to the law: sightlines, lighting, vehicle speed, crosswalk rules, and the driver’s choices in the seconds before impact. The Comparative Negligence Act and the model jury charge tell jurors exactly how to do that math.
Who Pays Your Medical Bills First: PIP Coverage for Pedestrians
One surprise catches almost every client: your own New Jersey auto policy can pay your medical bills even if you were on foot. It’s called Personal Injury Protection (PIP). If you carry a standard NJ auto policy—or you live with someone who does and you’re covered as a resident relative—PIP pays your crash-related treatment regardless of fault when you’re injured as a pedestrian hit by an automobile. That’s the statute’s design: get you treated now, sort out fault later. If you don’t have auto insurance in your household, there are other routes (health insurance, and sometimes special programs), but we still open the right claim fast so care isn’t delayed.
Pain and Suffering Claims and the “Verbal Threshold”
Whether you can pursue pain and suffering depends in part on your household’s insurance election. New Jersey’s limitation on lawsuit option (often called the verbal threshold) restricts non-economic damages unless you meet one of a handful of categories: death, dismemberment, significant scarring/disfigurement, a displaced fracture, loss of a fetus, or a permanent injury certified by a doctor. The verbal threshold can apply even if you were walking—it’s tied to whether you’re subject to PIP coverage through your or your household’s policy. Sorting this out early changes settlement value and strategy.
Hit-and-Run or Minimal Insurance: Your UM/UIM Safety Net
If the driver fled or carried minimal coverage, we look to your uninsured (UM) and underinsured (UIM) motorist benefits. Those coverages often follow you, not just your car. They can step in when the at-fault driver has no insurance or not enough to cover the harm. New Jersey’s UM/UIM statute also has anti-stacking language and rules about how credits work—fine print we navigate to maximize your net recovery.
Deadlines That Matter: Two Years—and Sometimes 90 Days
Most pedestrian-injury lawsuits in New Jersey must be filed within two years of the crash. That’s the general statute of limitations. Don’t confuse this with claims involving a public entity (a municipal vehicle, county road, or defective crosswalk signal). If a public entity is involved, you must also serve a Notice of Claim within 90 days, and there’s a separate threshold for pain-and-suffering against public entities. We treat those clocks like emergency items on day one.
“Hit by a Car While Walking in Bergen County” Cases Are Won on Evidence
We win these cases with facts, not adjectives. From the first week, we move to preserve:
The police file: report, 911 audio, CAD logs, and any body-cam or dash-cam. The 911 tape catches first statements from drivers and witnesses—often the most candid.
The scene: photographs and measurements at the same time of day, documenting crosswalk paint, sightlines, street lighting, and obstructions from hedges, parked trucks, or construction signage.
The video layer: deli and gas-station cameras, bus cameras, school cameras, and traffic cameras. We send preservation letters within days; many systems overwrite themselves quickly.
The vehicle: we document visible damage and, when necessary, request an event data recorder (EDR) download to confirm speed and braking.
The signals: if timing or phasing is in question, we request the municipality’s or county’s timing plans and maintenance records.
When we stitch these together with your medical records, the fault picture becomes clear and defensible.
What If I Got a Ticket?
A municipal ticket is a piece of evidence—not the end of your claim. We’ve resolved many cases favorably even when our client paid a pedestrian-violation fine. The crosswalk statute still imposes due care on drivers, and New Jersey’s comparative negligence law allows recovery so long as your share does not exceed 50 percent. We keep the narrative honest and fact-driven.
“Hit by a Car While Walking in New Jersey” and Your Medical Story
Pedestrian impacts cause a different injury profile from rear-end fender-benders. We often see multi-level disc injuries, fractures, knee and shoulder tears, post-concussion symptoms, and psychological trauma. We don’t bury adjusters in paper; we tell a medical story that connects the dots:
What you felt at the scene.
What the ER found.
What imaging showed.
What surgery or therapy accomplished.
What your ordinary day looks like now.
If your job requires standing, lifting, or focused screen time, we tie those demands to your injuries with treating-physician support. That’s how settlement numbers move from generic to specific.
How Comparative Fault Gets Argued—and Rebalanced
Defense teams like to claim you were distracted, wearing dark clothing, or not “exactly in” the crosswalk. We don’t ignore those points. We widen the frame: speed for the conditions, headlight angle, sightline obstructions, right-on-red behavior, and the driver’s last clear chance to avoid impact. With the Comparative Negligence Act as our framework and the model charge as our roadmap, juries can apportion fault fairly—and that’s usually well under 50% for a pedestrian who was simply trying to cross the road.
“Hit by a Car While Walking ” When a Public Entity Is Involved
If a municipal truck struck you, if a county road’s signal timing failed, or if a crosswalk was dangerously maintained, your case may involve a public entity. Two things change immediately:
First, you must serve a Notice of Claim within 90 days of the crash, with narrow exceptions that require court permission within one year. Second, to recover pain and suffering against a public entity, you must clear a permanency and monetary threshold set by statute. We map these issues on day one and serve the notice quickly so your rights are preserved.
Money Questions: What Can Be Recovered?
Your claim has several lanes:
Medical expenses
PIP, health insurance, or a combination pays providers as the case proceeds. In settlement or verdict, we account for liens and balances so you don’t get surprised.
Wage loss and household services
If you missed work or can’t do what you used to do at home, we document it with employer letters, tax records, and practical examples of lost services.
Pain and suffering
Subject to the verbal threshold if it applies to you. We work with treating physicians to certify permanent injuries when warranted.
UM/UIM benefits
If the at-fault driver was uninsured or underinsured—or fled—your policy may fill the gap. We analyze coverages early to avoid missing value.
We don’t inflate numbers. We document them.
What To Do in the First Week
Start medical care and tell providers it was a pedestrian vs. car crash so they code it correctly for PIP if you have NJ auto coverage. Save photos of the scene and your clothing and shoes. Keep the police report number. Make a simple timeline—symptoms, appointments, calls—and designate one family member as the communication point so nothing is missed. Then call us. We’ll open the right claims, preserve the evidence, and keep you off the phone with multiple insurers.
Our Bergen County Playbook
Local matters. Route 4 at rush hour is not the same as a quiet residential corner in Ridgewood. We know where to look for cameras, how to pull timing plans, and how to get quick scene access before repairs erase crucial details. We also know how adjusters and defense firms value pedestrian cases here. That experience shortens the learning curve and helps you sooner.
FAQs—Short and Candid
Do pedestrians always have the right of way?
No. You have strong rights in crosswalks; outside of them, you must yield, and everyone owes due care. The statute spells it out.
Who pays my medical bills if I don’t own a car?
If you’re not covered by any NJ auto policy in your household, we pivot to health insurance and pursue the driver’s carrier for the rest. We still open a claim promptly so treatment isn’t disrupted. 
What if the driver took off?
We pursue UM benefits under your policy and look for video and witnesses. UM is there precisely for hit-and-run.
How long do I have to sue?
Generally two years, but if a public entity is involved you must also serve a 90-day notice. We calendar both immediately.
I got a ticket—am I sunk?
No. A ticket is evidence, not a verdict. Comparative negligence rules still apply.
How We Work With You
We work on a contingency fee—you don’t pay attorney’s fees unless we recover money for you. We advance case costs (experts, records, depositions) as permitted by law, and we go line-by-line through the agreement so you know exactly how it works. We update you in plain English and set realistic timelines. Truck-size emails and legalese aren’t our style.
A Final Word—and Your Next Step
If you were Hit by a Car While Walking in Bergen County, don’t talk yourself out of your rights. New Jersey expects reasonableness from pedestrians and drivers alike. The law then assigns percentages and allows recovery when your share is 50 percent or less. Your job now is to heal. Our job is to protect the evidence, the deadlines, and the value of your claim.
Get in touch with Sammarro & Zalarick, P.A. when you’re ready. Bring the report number if you have it. We’ll handle the rest.
Legal disclaimer: This guide is general information, not legal advice. Every case is fact-specific. For advice about your situation, contact a lawyer.