Understanding Pedestrian Rights in New Jersey

Jaywalking is a common occurrence, especially in busy cities or when crosswalks are inconveniently placed. But if you're hit by a vehicle while crossing the road illegally, does that mean you're automatically at fault and can’t file a personal injury claim? Not necessarily. In New Jersey, the law allows injured pedestrians to pursue compensation even if they were jaywalking, thanks to a concept called “comparative negligence.”

Understanding your rights after a pedestrian accident is critical, especially if you're worried that your actions may have contributed to the incident. While jaywalking can impact the outcome of your case, it doesn’t automatically prevent you from seeking damages.

What Is Comparative Negligence and How Does It Apply?

New Jersey follows a modified comparative negligence system. This means that each party involved in an accident can be assigned a percentage of fault based on their actions leading up to the event. As long as you are not more than 50% at fault, you are still eligible to receive compensation for your injuries.

Let’s say a pedestrian crosses a road outside of a crosswalk, but the driver who hits them was speeding or distracted. In that scenario, both parties might share responsibility. If the court finds the pedestrian 30% at fault and the driver 70% at fault, any awarded compensation would be reduced by 30%. So, if the total damages are $100,000, the pedestrian would receive $70,000.

However, if the pedestrian is found to be 51% or more at fault, they would not be able to recover any damages under New Jersey law. This makes establishing the driver's level of negligence a key part of building a strong case.

How Jaywalking Impacts Your Claim

Jaywalking can definitely complicate a pedestrian accident claim, but it doesn't automatically invalidate it. Here's how it may affect your case:

• Insurance Company Tactics: Insurers may try to argue that your actions entirely caused the accident to avoid paying a settlement. They may claim that you acted recklessly by entering the road outside a marked crosswalk or against a traffic signal.
• Evidence Will Be Scrutinized: Your attorney will need to gather and present strong evidence showing that the driver’s negligence played a significant role. This might include surveillance footage, witness statements, accident reconstruction, and police reports.
• Medical Documentation Is Critical: Detailed records of your injuries, treatment plan, and recovery timeline will help prove the extent of your damages and justify your compensation claim, even if you're partially at fault.

Ultimately, the focus of your case will shift toward demonstrating that the driver's behavior was more dangerous or negligent than yours. Common driver errors include texting while driving, speeding, running a red light, or failing to yield to pedestrians, even outside a marked crosswalk.

What to Do After a Jaywalking Accident in New Jersey

If you’ve been injured in a pedestrian accident, even if you weren’t in a crosswalk, your actions immediately following the incident can greatly affect your ability to recover compensation. Here are the key steps to take:

• Seek Medical Attention: Your health is the top priority. Even if injuries seem minor, get checked out right away. Some conditions, like internal bleeding or head injuries, may not show symptoms immediately.
• Document the Scene: If possible, take photos of the area, including traffic signals, skid marks, vehicle damage, and your injuries. Try to get names and contact information for any witnesses.
• File a Police Report: Having an official record of the accident can strengthen your claim, especially if it notes the driver’s behavior or citations issued at the scene.
• Avoid Making Statements: Don’t admit fault or speculate about what happened when speaking to police, the driver, or insurance adjusters. These statements can be used against you.
• Contact a Pedestrian Accident Attorney: Working with an experienced lawyer is crucial, especially when jaywalking may be a factor. They’ll assess the details of your case and fight for your right to compensation.

New Jersey’s personal injury laws are complex, and pedestrian accidents involving jaywalking require a careful, strategic approach. You shouldn’t assume you’re out of options just because you weren’t in a crosswalk.

How a Pedestrian Accident Lawyer Can Help

Filing a claim when you've jaywalked might sound like an uphill battle, but with the right legal support, it’s often possible to achieve a fair outcome. A skilled pedestrian accident attorney will investigate the accident thoroughly, analyze fault distribution, and negotiate with the insurance company on your behalf. They may also bring in expert witnesses or accident reconstruction specialists to strengthen your case.

In many cases, the driver’s negligence, such as failing to brake, not seeing a pedestrian in plain sight, or driving under the influence, will outweigh any minor mistake made by the pedestrian. An attorney can present these facts clearly and help ensure you aren’t unfairly blamed.

Call Lee Law Firm After a New Jersey Pedestrian Accident

Don’t let fear or uncertainty stop you from pursuing justice. Even if you were jaywalking, you could still have a valid claim and deserve to be compensated for your injuries, medical bills, lost wages, and pain and suffering.

If you were struck by a vehicle while jaywalking, you may still have a case worth pursuing. Contact us today to discuss your situation. We’ll review your case, explain your legal options, and help you move forward with confidence.