Being hit by a car as a pedestrian is a terrifying and often life-altering experience. Unlike vehicle occupants who have seatbelts, airbags, and a metal frame for protection, pedestrians have nothing between them and a multi-ton vehicle. The injuries are almost always serious, and the physical, emotional, and financial aftermath can be overwhelming. If you or a loved one has been struck by a vehicle, understanding your legal rights is the first step toward recovery.
Pedestrian Accident Statistics
Pedestrian fatalities have been rising across the United States. In New Jersey, pedestrian deaths account for roughly 30% of all traffic fatalities — one of the highest rates in the nation. New York City sees thousands of pedestrian injuries each year despite its Vision Zero initiative. The most dangerous scenarios include intersections without adequate crosswalk signals, drivers making right turns on red without checking for pedestrians, distracted drivers who fail to see pedestrians in crosswalks, speeding in residential neighborhoods and school zones, and impaired drivers during evening and nighttime hours.
Your Rights as an Injured Pedestrian
In both New Jersey and New York, pedestrians have significant legal protections. Drivers have a duty to yield to pedestrians in crosswalks. Drivers must exercise due care to avoid hitting pedestrians, even if the pedestrian is jaywalking. New Jersey's no-fault insurance system means your own PIP coverage pays initial medical bills regardless of fault. You can file a personal injury claim against the driver who hit you for damages beyond what PIP covers. Even if you were partially at fault — for example, crossing outside a crosswalk — you can still recover compensation in New Jersey as long as you were less than 51% at fault.
Common Pedestrian Accident Injuries
The human body is no match for a vehicle, even at low speeds. A car traveling at just 20 mph can cause serious injuries to a pedestrian. Common injuries include traumatic brain injuries from the initial impact or from hitting the ground, broken legs, hips, and pelvis from bumper-height impact, spinal cord injuries and paralysis, internal organ damage from blunt force trauma, severe lacerations and road rash, and psychological trauma including PTSD, anxiety, and fear of crossing streets. Many pedestrian accident victims require multiple surgeries, months of rehabilitation, and may never fully recover their previous level of function.
What to Do After Being Hit by a Car
If you are conscious and able to act after being hit by a vehicle, take these steps. Do not move if you suspect a spinal injury — wait for paramedics. Call 911 or ask someone nearby to call. Get the driver's information — license plate, insurance, name, and phone number. If the driver fled, try to remember or ask witnesses about the vehicle description and direction of travel. Take photos of the scene if you are physically able. Get contact information from witnesses. Go to the emergency room immediately, even if you think your injuries are minor. Report the accident to your own auto insurance company for PIP benefits. Do not speak with the driver's insurance company without an attorney.
Hit-and-Run Pedestrian Accidents
Tragically, many pedestrian accidents involve hit-and-run drivers. If the driver who hit you fled the scene, you still have options. Your own uninsured motorist coverage may apply. Police investigation may identify the driver through surveillance footage, witness descriptions, or vehicle debris. New Jersey's Unsatisfied Claim and Judgment Fund may provide compensation if the driver is never identified. An experienced attorney can help you navigate these alternative paths to recovery.
How SettleWell Helps Pedestrian Accident Victims
SettleWell connects pedestrian accident victims with attorneys who understand the unique aspects of these cases. Our attorneys will investigate the accident scene, obtain surveillance footage before it is deleted, work with accident reconstruction experts, coordinate your medical treatment, and fight for maximum compensation. Contact us for a free case review — we are here to help you get back on your feet.