How Pedestrian Accident Victims and Their Families Can Seek Justice
New Jersey has earned the grim distinction of being the most dangerous state in the country for pedestrian fatalities. Between 2018 and 2022, over 31% of fatal crashes in the state involved a pedestrian, totaling 915 deaths out of 2,901 fatal collisions. The crisis worsened in 2024, when 221 pedestrians lost their lives, marking a 36-year high and a 29% increase from the previous year.
The alarming trend has been linked to increased drug and alcohol use among drivers. A recent report by the New Jersey State Police revealed a surge in motorists testing positive for alcohol, marijuana, and other narcotics in recent years. While pedestrian accidents have long been a concern in urban areas like Newark, Trenton, and Jersey City, the rise in impaired driving has made streets even more dangerous for those on foot.
To address the crisis, New Jersey Governor Phil Murphy signed legislation in January 2025 creating a 13-member Target Zero Commission, which aims to eliminate traffic-related fatalities by 2040. The New Jersey Department of Transportation has pledged to make pedestrian safety a priority, but despite these efforts, fatal crashes continue to claim lives at an alarming rate.
The Growing Danger for Pedestrians in New Jersey
Walking in New Jersey has become increasingly hazardous. Pedestrians often face speeding drivers, reckless motorists ignoring crosswalks, and vehicles running red lights. The rise in impaired driving has only added to the dangers. Alcohol and drug use impair reaction times, reduce a driver's ability to judge distances, and increase the likelihood of reckless behavior.
The effects of these crashes are devastating. Victims of pedestrian accidents often suffer severe, life-altering injuries, including traumatic brain injuries, spinal cord damage, broken bones, and internal organ damage. Many victims do not survive the impact, leaving grieving families to cope with an unimaginable loss.
Urban areas, particularly downtown sections of Newark, Paterson, and Elizabeth, are among the deadliest places for pedestrians. High traffic volumes, congested intersections, and distracted drivers create conditions where accidents are more likely to occur. Even in suburban areas, poorly designed crosswalks and inadequate lighting make pedestrians vulnerable to inattentive or impaired drivers.
While some improvements in road design and enforcement measures may help reduce pedestrian fatalities, many of these accidents result from driver negligence. When a motorist chooses to drive under the influence or ignore traffic laws, they put innocent lives at risk. Victims and their families have legal rights and may be able to pursue compensation through a personal injury or wrongful death claim.
Filing a Pedestrian Accident Claim in New Jersey
For victims who survive pedestrian crashes, the physical and emotional toll can be overwhelming. Severe injuries often require extensive medical treatment, rehabilitation, and long-term care. Many victims are unable to return to work, leading to significant financial strain.
When a pedestrian is struck and injured by a negligent driver, they may be entitled to seek compensation for medical expenses, lost wages, and pain and suffering. In fatal cases, the victim’s family may file a wrongful death lawsuit to recover damages for funeral expenses, loss of financial support, and emotional suffering.
Establishing fault in a pedestrian accident case often requires thorough investigation. Police reports, surveillance footage, and witness statements help determine whether the driver was speeding, impaired, or distracted at the time of the crash. In cases involving drunk or drugged driving, toxicology reports and prior DUI history may be critical pieces of evidence.
New Jersey follows a comparative negligence system, which means that even if a pedestrian was partially at fault—for example, by crossing outside of a designated crosswalk—they may still be eligible for compensation. However, if they are found to be more than 50% responsible for the accident, they may be barred from recovering damages. This makes it crucial to work with an attorney who can present a strong case proving the driver’s negligence.
Time limits apply when filing a claim. Under New Jersey law, most personal injury lawsuits must be filed within two years from the date of the accident. Wrongful death claims must also be filed within two years of the victim’s passing. Failing to file within this timeframe may result in losing the right to pursue compensation.
Why Choose Parker Waichman LLP?
For victims and families dealing with the aftermath of a pedestrian accident, legal representation can make a significant difference. Insurance companies often try to minimize payouts, blaming pedestrians or downplaying the extent of injuries. Having an experienced legal team ensures that victims receive the full compensation they deserve.
Parker Waichman LLP has a proven track record of handling pedestrian accident cases in New Jersey. The firm is dedicated to holding negligent drivers accountable and fighting for victims’ rights. From gathering evidence to negotiating settlements, the legal team works tirelessly to ensure that those affected by pedestrian crashes receive the financial support they need.
When injuries are catastrophic or a family is grieving the wrongful death of a loved one, the legal process can feel overwhelming. Parker Waichman LLP handles all aspects of pedestrian accident claims, allowing clients to focus on healing while their case is pursued.
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