Being struck by a vehicle can change an ordinary walk into an emergency within seconds. You may have been crossing an intersection in New Brunswick, walking through a parking area in Edison, heading toward a bus stop, or simply walking near your home when a driver hit you.
After a serious pedestrian accident, the first concerns are usually immediate: getting medical care, managing pain, contacting family, and figuring out whether you can return to work. Soon, other questions can follow. Who was responsible? What if the driver says you stepped into traffic? Who pays your medical bills? What happens if you were not in a marked crosswalk?
At the Law Offices of Harold J. Gerr, we understand that a serious injury affects more than one part of your life. The steps you take after a pedestrian accident in Central New Jersey can also help preserve evidence and information that become important when determining what happened and evaluating an injury claim.
Get the Medical Care You Need and Follow Through With Treatment
Your health comes first after a pedestrian accident. If emergency responders recommend transportation to a hospital, or if you develop significant symptoms after leaving the scene, getting appropriate medical care is important.
A serious pedestrian injury often requires more than an emergency-room visit. You could be referred for imaging, orthopedic or neurological evaluations, surgery, physical therapy, or other follow-up treatment. Some injuries also require doctors to monitor your recovery before they can determine whether any limitations will be temporary or permanent.
Follow your doctors' instructions and keep scheduled appointments. Medical records document what doctors diagnosed, what treatment they recommended, and how your condition progressed after the collision. That information can later help establish the extent of injuries caused by the accident.
Document the Pedestrian Accident Before Evidence Is Lost
A seriously injured pedestrian may not be physically able to collect evidence at the scene. If you can do so safely, or if a family member can help, preserve as much information about the collision as possible.
That can include the police report number, the driver's identifying and insurance information, witness contact information, photographs of the roadway and vehicle, visible injuries, damaged clothing or personal belongings, traffic signals, crosswalk markings, and the exact location where the impact occurred.
Look at the surrounding area as well. A nearby store, apartment building, parking facility, home, or other property may have a camera pointed toward the roadway. If footage exists, it can show whether the vehicle was turning, where you entered the roadway, how long you were visible, or what happened immediately before impact.
The details that seem insignificant during the first few hours after a crash can become important when different accounts of the accident emerge.
Does the Police Report Decide Who Was at Fault?
A police report is an important piece of evidence, but it does not automatically decide who was legally responsible for a pedestrian accident.
For example, a report might state that a pedestrian crossed outside a marked crosswalk or record a driver's claim that the pedestrian entered the roadway suddenly. The injured pedestrian may have been transported to a hospital before giving a complete statement.
Those circumstances make additional evidence especially important.
Witness accounts, available surveillance footage, vehicle damage, roadway evidence, traffic signals, the driver's movements, and the pedestrian's location can all help establish how the collision occurred.
What If You Were Hit Outside a Crosswalk?
Being outside a marked crosswalk does not automatically mean that you have no injury claim.
New Jersey law places responsibilities on both pedestrians and drivers. Motorists must stop for pedestrians crossing within marked crosswalks under the circumstances specified by law and yield to pedestrians crossing within unmarked crosswalks at intersections.
Pedestrians, however, must also obey applicable traffic controls and must generally yield to vehicles when crossing somewhere other than a marked or unmarked crosswalk at an intersection. Pedestrians also cannot suddenly leave a place of safety and enter the path of a vehicle that is too close for the driver to stop or yield.
That does not make every accident outside a crosswalk the pedestrian's fault.
The driver's conduct still matters. Evidence can show that a driver was speeding, distracted, turning without keeping a proper lookout, or otherwise driving negligently. New Jersey follows comparative-negligence rules, meaning an injured person's own share of fault can reduce a recovery without necessarily eliminating it.
Under New Jersey law, recovery is barred when the injured person's negligence is greater than the negligence of the person or combined parties from whom recovery is sought. Any permitted recovery is reduced according to the injured person's percentage of fault.
What If the Driver Says You Stepped in Front of the Car?
When the driver and pedestrian tell different stories, the investigation becomes especially important.
The question is not simply which person sounds more convincing. Evidence can help establish where you entered the roadway, how far away the vehicle was, whether the driver was going straight or turning, whether you were visible, whether the driver braked, what the traffic signal displayed, and whether independent witnesses or cameras captured the collision.
What either person said at the scene is relevant, but those statements should be considered alongside the available physical, documentary, and witness evidence.
Who Pays Medical Bills After a New Jersey Pedestrian Accident?
This question is often more complicated than injured pedestrians expect.
New Jersey Personal Injury Protection, commonly called PIP, can provide covered benefits without regard to who caused the accident. If you have applicable automobile insurance, your own policy can provide PIP benefits when you are injured as a pedestrian in an accident involving an automobile. A policy covering a resident family member can also provide benefits if you qualify for coverage under that policy.
If no applicable automobile coverage is available, certain pedestrians injured by private passenger automobiles can seek PIP benefits through the Unsatisfied Claim and Judgment Fund.
For that reason, do not assume that the liability insurance carried by the driver who struck you is automatically responsible for your immediate medical bills. Identifying the applicable coverage early can reduce confusion while treatment is ongoing.
What Should You Do If an Insurance Adjuster Calls?
After a pedestrian accident, you can hear from more than one insurance company. Before giving a detailed or recorded statement, understand which insurer is contacting you and why.
Questions from an adjuster can concern where you were walking, whether you were in a crosswalk, what the traffic signal showed, when you first saw the vehicle, what injuries you reported, and whether you have returned to work. Whatever information you provide should be truthful. Do not guess about facts you do not remember.
If the collision left you injured or disoriented and you do not remember part of what happened, say that rather than filling in missing details. Likewise, do not make assumptions about how fully you will recover while your doctors are still evaluating your condition.
A Serious Pedestrian Injury Is Not Measured by the First Hospital Bill
The full consequences of a serious pedestrian injury often become clearer over weeks or months.
A person with a significant leg fracture may later need another operation, months of rehabilitation, assistance using stairs, or additional time away from a physical job. Someone with a brain injury may continue to experience problems with concentration, memory, headaches, or returning to normal work even after leaving the hospital.
Depending on the facts and available insurance coverage, losses in a serious pedestrian injury claim can include medical expenses not covered by applicable PIP benefits, lost income, diminished earning capacity, pain and suffering, and losses associated with permanent physical limitations.
The important question is not simply what the accident has cost so far. It is what the evidence shows the injury has changed and what losses are reasonably expected going forward.
When a Serious Pedestrian Injury Calls for a Closer Investigation
Some pedestrian claims require a closer investigation, particularly when the driver left the scene, a commercial vehicle was involved, insurance coverage is disputed, or the available evidence gives conflicting accounts of how the collision happened.
At the Law Offices of Harold J. Gerr, we approach personal injury cases with the understanding that every client's circumstances are different. Our firm has represented injured people in Central New Jersey for decades and serves communities such as Highland Park, New Brunswick, Edison, East Brunswick, and other areas throughout Middlesex County and the surrounding region.
Our goal is to understand what happened, how the injury has affected your life, and what evidence is needed to evaluate the claim based on its individual facts.
Hurt in a Pedestrian Accident in Central New Jersey?
A serious pedestrian accident can leave you dealing with medical treatment and unresolved questions about the crash at the same time.
You do not have to sort through those questions based on assumptions while you are also dealing with an injury.
If you or someone you love was seriously injured after being struck by a vehicle, contact the Law Offices of Harold J. Gerr to discuss what happened. We can review the circumstances of the collision, explain the legal issues that apply to your situation, and help you understand the options available for moving forward.
Disclaimer: This article is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every pedestrian accident involves different facts, insurance coverage, injuries, and legal considerations. If you are seeking legal advice, please contact our law firm directly.
