What Are The Common Causes of Pedestrian Accidents?
Unfortunately, pedestrian accidents are common in New Jersey. Some common causes of pedestrian accidents include:
Aggressive driving
Aggressive driving generally refers to any behavior on the road that endangers other people, whether it be speeding, tailgating, running red lights, or weaving in and out of traffic. Aggressive driving is one of the leading causes of death and destruction on the roads today.
Distracted driving
Distracted driving is when the driver engages in any activity that diverts their attention from the primary task of driving.
Distracted driving is a major cause of New Jersey pedestrian accidents. Examples of dangerous distracted driving activities include:
- Doing your hair/grooming
- Eating or drinking
- Playing with the radio
- Talking on the phone
- Texting. Since sending or reading a text takes your eyes off the road for 5 seconds a person driving 55 mph would be driving the length of an entire football field with their eyes closed.
- Using a navigation system
According to the National Highway Traffic Safety Administration (NHTSA), 3,142 people were killed in 2020 alone as a result of distracted driving. An additional 431,000 people were injured in motor vehicle crashes involving distracted drivers.
Drunk driving
Alcohol is a substance that impairs thinking, reasoning, and reaction time. All these abilities are essential to operating a vehicle safely.
According to the NHTSA, 32 people in the United States are killed by drunk drivers every day, or 1 person every 45 minutes. In 2020, 11,654 people died in alcohol-impaired driving traffic deaths.
Because of the major impact of New Jersey pedestrian safety, drunk driving is a serious offense that can result in jail time, fines, and the loss of a driver’s license. Someone convicted of drunk driving will likely face many challenges, including the loss of their job, higher insurance rates, and difficulty getting to and from work.
Driving under the influence (DUI)
According to the NHTSA, 56% of drivers involved in serious injury and fatal crashes test positive for at least 1 drug. That includes drivers involved in New Jersey pedestrian accidents.
Besides alcohol, many substances can impair driving, including some over-the-counter and prescription drugs, and illegal drugs.
Drugs that impair the ability to drive because they slow coordination, judgment, and reaction times, like marijuana are a major cause of pedestrian accidents. Cocaine and methamphetamine can make drivers more aggressive and reckless.
Some prescription and over-the-counter medicines can cause extreme drowsiness, dizziness, and other side effects.
Failure to obey traffic laws and signals
Many pedestrian accidents occur because drivers fail to obey traffic laws and signals. Running red lights, ignoring stop signs, and not yielding to pedestrians in crosswalks are common violations that can lead to serious accidents.
Poor night vision
Poor night vision can significantly increase the risk of pedestrian accidents. Drivers who have difficulty seeing in low-light conditions may not notice pedestrians, especially if they are wearing dark clothing or crossing the street in poorly lit areas.
Poor road and weather conditions
Adverse road and weather conditions, such as potholes, slippery surfaces, heavy rain, fog, and snow, can contribute to pedestrian accidents. These conditions can make it harder for drivers to see and react to pedestrians, increasing the likelihood of accidents.
Speeding
Tailgating
Tailgating, or following other vehicles too closely, can also lead to pedestrian accidents. When drivers tailgate, they have less time to stop or maneuver to avoid hitting pedestrians who may suddenly enter the road.
Effective Tips to Avoid Pedestrian Accidents
Naturally, running or walking outside increases the chance you could be hit by a car. Many runners and walkers are hit every year by distracted drivers. There are several ways you can reduce the risk of suffering from a severe injury when outside.
- Cross in a marked crosswalk – Pedestrians crossing the street should be careful to cross in a marked crosswalk.
- Wait for a green light – At a crosswalk with a traffic signal, wait for the hand or WALK signal before crossing.
- Make eye contact with drivers – When crossing the street, make sure to look both ways and make eye contact with drivers. This will help ensure that they see you.
- Wear bright clothing – When running or walking at night, wear bright clothing so that you are more visible to drivers.
- Keep your head up and phone down – Distracted walking is dangerous. When walking, keep your head up and phone down so that you can be aware of your surroundings.
What to do if you were hit in a crosswalk
If you were hit in a crosswalk, the driver who struck you may be liable for your injuries. We will review the facts of your case and help you pursue the compensation you deserve from the driver and their insurance company.
Pedestrian Accidents Involving Children
Pedestrian accidents involving children usually result in serious injury.
The most common ways children are injured in New Jersey pedestrian accidents.
- Child darting out into the street – This is the most common type of child-related car accident.
- Vehicle turning into the path of a child – Just because the walk signal is green does not mean it is automatically safe to cross.
- Ice cream truck accidents – Children can be hidden from view by an ice cream truck. Cars should stop before slowly passing the ice cream truck.
- School bus accidents – This occurs when a child is hidden from view by a bus and a driver does not stop. All States require traffic in both directions to stop when students are getting on or off a school bus.
- Vehicle backing up in roadways, driveways, or parking lots.
What is the “dart out” defense?
The defendant will also raise the “dart out” defense. The “dart out” defense is a legal strategy that can be used by drivers who are accused of hitting a pedestrian while they are driving. This defense argues that the pedestrian “darted out” into traffic and that the driver could not have reasonably avoided hitting them.
This defense can be difficult to prove, as it requires showing that the pedestrian was not being careful and that the driver did everything they could to avoid hitting them. If you are facing charges for hitting a pedestrian, it is important to speak with an experienced attorney who can help you determine if the “dart out” defense is applicable in your case.
How can you run or walk safely without sidewalks?
The answer is that it is very difficult to run or walk safely without a sidewalk. However, if you must run or walk without a sidewalk it is important to face oncoming traffic.
The general rule is that you should walk or run on the left side of the road so that you can see oncoming traffic. If there are no sidewalks and you must walk or run on the road, always walk or run against traffic.
Walking or running at night is more dangerous than during the day because it is harder for drivers to see you. If you must walk or run at night wear reflective clothing so that drivers can see you. You should also carry a flashlight so that you can see where you are going and so that drivers can see you.
Were You Injured in a Pedestrian Accident? Here's What to Do
GET HELP. If you’re in a pedestrian accident, the first thing you need to do is stop and take stock of what has happened. Check to see if you have any injuries and, if you can’t move without further injuring yourself, wait for emergency assistance.
REPORT YOUR ACCIDENT. Next, make sure that someone calls 9-1-1. New Jersey law requires that you report accidents involving death, injury, or property damage of over $500.
TAKE PHOTOS. Take or have someone take accident scene photos with a smartphone that shows the damage and other factors that might help prove your case. If you can, gather witness information and statements before leaving the scene, and try to get their contact information.
GET CHECKED BY A HEALTHCARE PROVIDER. It would be best if you visited an emergency care facility or hospital immediately following an accident. Do not neglect to seek immediate medical attention, because some injuries are not immediately apparent, and your condition could worsen with time. If you wait to see a doctor, it may also be challenging to prove that your injuries result from the pedestrian accident.
CALL US. Finally, call a pedestrian accident lawyer to help you reach a satisfactory settlement to cover costs for the long-term treatment of injuries, lost wages, and other related expenses.
If you’re looking for a New Jersey pedestrian accident lawyer, the Law Firm of Sadaka Associates is here to help. Call us at 1-800-810-3457 to schedule a free initial consultation to launch your case for the compensation you need after a pedestrian accident.
Hiring a New Jersey Pedestrian Lawyer
After you’ve been injured in an accident while walking, running, or biking, our experienced pedestrian accident lawyers can help you understand your legal rights and avoid being duped by insurance companies.
Never assume you are at fault if you are hit while walking, running, or biking. The driver who hit you could have been distracted, speeding, drunk, or trying to beat a red light, and therefore be at fault.
We will investigate the accident, talk to witnesses, and gather the appropriate evidence. Our lawyers will also identify all liable parties and the insurance policies available for compensation. Finally, our attorneys will also develop a full-value estimate of your claim and negotiate with at-fault drivers’ insurers for maximum compensation.
Sadaka Law does not charge fees unless your claim is successful. Please call our attorneys at 1-800-810-3457 or fill in your information on our online form for a no-obligation free consultation.
Pedestrian Accident Rates in New Jersey
In New Jersey, recent statistics show that pedestrian accident fatalities increased by 3% from 2017 and account for 17% of all accident fatalities. Although pedestrian fatalities were 16% lower in 2021 than in 1975 when records began, they have increased by 53% since reaching their lowest point in 2009.
These recent statistics from the Insurance Institute for Highway Safety and the Highway Loss Data Institute (IIHS-HLDI) also show that:
- 6,283 pedestrians died in pedestrian accidents in 2021
- 22% of pedestrian deaths occurred in hit-and-run accidents.
- 26% of pedestrian deaths occurred in crashes between 6 p.m. and 9 p.m., and 24% occurred between 9 p.m. and midnight.
- 42% of pedestrians aged 16 and older who died in nighttime (9 p.m. to 6 a.m.) accidents had blood alcohol concentrations at or above 0.08%.
- 51% of pedestrian deaths occurred on roads with speed limits of 40 mph or less in urban areas, while in rural areas, the percentage was 16%.
- 62% of pedestrian deaths occurred on roads other than interstate highways and freeways.
- 81% of pedestrian deaths occurred in urban areas, up from 59% in 1975 when records began.
- From 1975 to 2021, the pedestrian death rate for people aged 70+ years declined by 73%.
- From 1975 to 2021, the rate of pedestrian deaths per 100,000 population decreased by 46%.
- From 1995 to 2021, the pedestrian death rate for children aged 0-12 years decreased by 92%.
- Pedestrian deaths (10%) were most frequent in October, November, and December.
- The largest percentage of pedestrian deaths (16%) occurred on Fridays and Saturdays.
New Jersey Pedestrian Accident FAQs
In the state of New Jersey, in an accident, the injured person’s ability to receive damages depends on who was at fault.
New Jersey follows the Comparative Negligence Rule. If the injured person is more than 51% at-fault, they cannot receive damages for injuries resulting from a pedestrian accident. If the case goes to trial, the judge or jury will look at the evidence to determine how much fault each party bears.
- Current and future medical treatment
- Long-term rehabilitation
- Loss of consortium
- Loss of present and future wages
- Pain, suffering, and mental anguish
- Scarring, disfigurement, and loss of body function
There is always a risk, but you can work to reduce the risk of injury by following the rules of the road and obeying signs and signals.
- Walk on sidewalks whenever they are available.
- If there is no sidewalk, walk facing traffic and as far from traffic as possible.
- Cross streets at crosswalks or intersections. Look for cars in all directions, including those turning left or right.
- If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.
- Watch for cars entering or exiting driveways, or backing up in parking lots.
- Avoid alcohol and drugs when walking; they impair your abilities and your judgment.
You must report an accident to your insurance company. However, some pedestrian accident victims make the mistake of making a recorded statement to an insurance claims adjuster representing the at-fault driver. Unfortunately, doing this could hurt your claim.
If you have been in a pedestrian accident, consult an experienced New Jersey pedestrian accident lawyer skilled at handling these situations and negotiating with insurance companies.
Never take it upon yourself to answer any questions from the truck driver’s representatives.
Call the pedestrian accident lawyers at Sadaka Law at 1-800-810-3457 or use our online form to receive a free no-risk consultation.
Yes, the time limit to file most injury claims for any New Jersey accident is two years.
However, if the injured pedestrian was under 18 when the accident occurred, they may have until age 20 to file a claim. That’s why it is vital that you promptly consult an experienced New Jersey pedestrian lawyer to start working on your behalf immediately and increase the chances of your claim being successful.
In New Jersey, a hit-and-run is defined as leaving the scene of an accident before exchanging insurance information or helping any injured parties. Hit-and-runs are considered a serious offense and can result in jail time and hefty fines.
Generally speaking, the answer is no. You are never required to make a recorded statement for the other party’s insurance company. Also, unless the terms of your policy say otherwise, you are not required to make a recorded statement for your own insurance company.
If you’re involved in a hit-and-run, try to get the license plate number of the vehicle if possible. Then, call the police and file a report. If you have injuries, seek medical attention immediately. Finally, call a pedestrian accident lawyer to discuss your legal options.
If you witness a hit-and-run, try to get the license plate number of the vehicle and a description of the driver if possible. Then, call the police and file a report.
Some common pedestrian accident injuries include broken bones, head injuries, neck and back injuries, and soft tissue injuries.
If you’re injured in a pedestrian accident, seek medical attention immediately. Then, call the police and file a report. After that, contact a pedestrian accident lawyer to discuss your legal options.
In the state of New Jersey, in an accident, the injured person’s ability to receive damages depends on who was at fault.
New Jersey follows the Comparative Negligence Rule. If the injured person is more than 51% at-fault, they cannot receive damages for injuries resulting from a pedestrian accident. If the case goes to trial, the judge or jury will look at the evidence to determine how much fault each party bears.
Damages can be for actual costs (the money spent on medical bills and lost wages) and compensation for pain and suffering, loss of consortium, and punitive damages. Damages typically cover:
- Current and future medical treatment
- Long-term rehabilitation
- Loss of consortium. Your spouse can recover for their loss.
- Loss of wages, including future wages
- Past and future pain, suffering, and mental anguish
- Scarring, disfigurement, and loss of body function
