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Pedestrian Accident Attorneys in New Jersey

Every year, hundreds of pedestrians in New Jersey are seriously injured or killed by negligent drivers. From busy intersections to crosswalks in towns like Freehold or Point Pleasant, pedestrian accidents are a growing concern across the state. Despite efforts to improve road safety, the reality is that people on foot remain some of the most vulnerable individuals in traffic environments.

At Mallon and Tranger, we understand the life-changing consequences these accidents can have on victims and their families. Medical bills, lost income, long-term disability, and emotional trauma are just a few of the challenges injured pedestrians face. Our experienced New Jersey pedestrian accident attorneys are committed to helping victims hold negligent parties accountable and pursue full compensation under the law.

Whether you were hit while walking in a crosswalk, jogging near a roadway, or struck in a parking lot, our team is here to guide you through your legal options and fight for the justice you deserve.

What Is a Pedestrian Accident?

A pedestrian accident refers to any incident in which an individual traveling on foot is struck by a moving vehicle, object, or bicycle. These collisions often occur suddenly and with great force, leaving the pedestrian with little to no ability to avoid impact. Unlike motorists, pedestrians do not have the protection of seatbelts, airbags, or steel frames, meaning that even low-speed accidents can result in catastrophic injuries or death.

Pedestrian accidents can occur in a variety of locations and under diverse circumstances, including:

  • Marked and unmarked crosswalks: Especially at intersections where drivers fail to yield or run red lights.
  • Sidewalks or pedestrian pathways: In cases where a driver loses control or veers off the road.
  • Parking lots and driveways: Where visibility is limited and vehicles frequently back up without checking blind spots.
  • School zones and residential neighborhoods: Areas where children and families are more likely to walk or play near traffic.
  • Bus stops and transit hubs: Where people may be crossing multiple lanes to catch public transportation.
  • Roadways at night: When poor lighting or lack of reflective clothing may reduce visibility.

In New Jersey, drivers are legally obligated to stop and yield to pedestrians at crosswalks and intersections. However, these laws are often disregarded, especially in high-traffic areas or during rush hour. When drivers ignore pedestrian rights-of-way, fail to pay attention, or operate vehicles recklessly, the results can be devastating.

Pedestrian accidents are not limited to vehicle collisions. In some cases, construction debris, falling objects, malfunctioning traffic signals, or defective sidewalks may also contribute to a pedestrian being injured. In such instances, municipalities, property owners, or third-party contractors could be held liable.

No matter where or how a pedestrian accident occurs, one fact remains constant: pedestrians face a disproportionately high risk of serious injury or death. That’s why securing experienced legal representation as soon as possible is essential to protecting your rights and recovering the compensation you deserve.

Common Causes of Pedestrian Accidents

Pedestrian accidents are rarely “accidents”; they are most often the result of preventable human error, negligence, or reckless behavior. Understanding the most common causes is essential for determining liability and raising awareness about the dangers pedestrians face, especially in high-traffic areas like downtown intersections, school zones, and suburban crosswalks throughout New Jersey.

1. Distracted Driving

One of the leading causes of pedestrian accidents is distracted driving. Whether a driver is texting, adjusting a GPS, eating, or talking on the phone, even a few seconds of inattention can be deadly when pedestrians are nearby.

  • Drivers often fail to scan for pedestrians at intersections, near bus stops, or in parking lots.
  • Children, joggers, and visually impaired pedestrians are especially vulnerable to being overlooked.
  • Distracted drivers are less likely to react in time to avoid a collision.

2. Speeding

Excessive speed significantly increases the chance of hitting a pedestrian and worsens the severity of injuries when a collision occurs.

  • According to the National Highway Traffic Safety Administration (NHTSA), the risk of death rises exponentially with speed. A pedestrian hit at 20 mph has about a 10% chance of dying; that risk jumps to 90% at 50 mph.
  • Speeding reduces reaction time and increases braking distance, often too late to stop for someone crossing the street.

3. Driving Under the Influence (DUI)

Alcohol or drug impairment impairs judgment, vision, coordination, and reaction time.

  • Drunk or high drivers are more likely to fail to yield, drift into pedestrian paths, or run traffic signals.
  • DUI-related pedestrian accidents often occur at night and are tragically more likely to result in fatal outcomes.

4. Failure to Yield

New Jersey law requires drivers to yield the right-of-way to pedestrians in marked crosswalks and at intersections, yet this rule is commonly violated.

  • Many pedestrian accidents happen because a driver failed to yield while turning left or right at an intersection.
  • In busy areas or during rush hour, some drivers focus more on vehicle traffic than people crossing the street.

5. Poor Visibility

Low-light conditions, bad weather, and visual obstructions can all reduce a driver’s ability to spot pedestrians in time.

  • Rain, fog, and glare from headlights make it more difficult for drivers to detect movement along the sides of the road.
  • Accidents are especially common between dusk and dawn, when visibility is naturally compromised.

6. Jaywalking or Unsafe Crossing by Pedestrians

While pedestrians are often the victims, they can also contribute to an accident if they act carelessly.

  • Crossing outside of marked crosswalks or against traffic signals increases the likelihood of not being seen.
  • Distracted walking (e.g., using a phone or headphones) may prevent a pedestrian from recognizing an oncoming hazard.

Additional Contributing Factors:

  • Vehicles backing out of driveways or parking spaces
  • Aggressive driving or road rage
  • Poor road design or malfunctioning traffic signals

Related: What makes SUVs so dangerous for New Jersey pedestrians?


Regardless of the cause, all pedestrian accidents should be carefully investigated to determine who was responsible and what safety rules were violated.

Common injuries after a pedestrian accident

Common Injuries After a Pedestrian Accident

Unlike vehicle occupants, pedestrians have no physical protection from the force of impact. As a result, injuries in pedestrian accidents are often catastrophic, even in lower-speed collisions. At Mallon and Tranger, we’ve seen firsthand how devastating these injuries can be for victims and their families.

Here are the most frequently sustained injuries in New Jersey pedestrian accidents:

1. Traumatic Brain Injuries (TBI)

When a pedestrian’s head strikes a vehicle, pavement, or curb, it can lead to traumatic brain injuries. TBIs range from concussions to permanent cognitive impairment.

  • Symptoms may include memory loss, headaches, vision problems, mood changes, and speech difficulties.
  • Severe TBIs may result in lifelong disability or the need for long-term assisted care.

2. Spinal Cord Injuries

Impact to the back or neck can damage the spinal cord, leading to:

  • Partial or full paralysis (paraplegia or quadriplegia)
  • Loss of mobility or sensation
  • Chronic pain, nerve damage, and bowel/bladder issues

These injuries often require multiple surgeries, years of rehabilitation, and home or vehicle modifications.

3. Fractures and Broken Bones

Pedestrians often suffer multiple fractures upon impact, especially in:

  • Legs and ankles
  • Arms and wrists (from trying to break a fall)
  • Ribs and collarbones
  • Pelvis and hips

Compound or displaced fractures may require surgical repair and extensive physical therapy. Elderly pedestrians are at increased risk of complications like blood clots and permanent mobility loss.

4. Internal Injuries

Blunt force trauma from a collision can damage internal organs, even when there are no immediate external signs:

  • Commonly affected organs include the liver, spleen, lungs, and kidneys.
  • Internal bleeding and organ rupture may be life-threatening if not diagnosed quickly.

Emergency room imaging and monitoring are critical after any serious pedestrian crash.

5. Lacerations, Road Rash, and Burns

Pedestrians may be thrown onto pavement, dragged along the road, or pinned under a vehicle.

  • Lacerations can be deep, requiring stitches, skin grafts, or reconstructive surgery.
  • Burns may result from hot engine parts, gas leaks, or friction from sliding on the road.
  • Severe skin trauma can lead to infection, disfigurement, and permanent scarring.

6. Psychological and Emotional Trauma

Survivors of pedestrian accidents often suffer invisible injuries that are just as real and debilitating as physical ones:

  • Post-Traumatic Stress Disorder (PTSD)
  • Nightmares or flashbacks
  • Fear of walking near traffic
  • Depression or anxiety related to mobility loss or disfigurement

Mental health treatment, counseling, and medication may become a necessary part of recovery.

Why Prompt Medical Care Matters

It’s important to understand that not all injuries present symptoms immediately. Concussions, internal bleeding, and soft tissue damage can take hours or days to become noticeable. Delayed treatment can worsen outcomes and make it harder to link injuries to the accident for legal purposes.

Seeking immediate medical evaluation and maintaining records of all treatment is vital to both your health and your legal claim.

Determining Liability in a New Jersey Pedestrian Accident (Can a Pedestrian Be At-Fault?)

Establishing fault in a pedestrian accident involves a thorough investigation of the circumstances surrounding the incident. Potentially liable parties include:

  • Drivers: For negligent behaviors such as distracted driving, speeding, or failure to yield.
  • Government Entities: Poor road conditions, inadequate signage, or malfunctioning traffic signals may implicate municipal or state agencies.
  • Pedestrians: If a pedestrian was jaywalking, crossing against signals, or under the influence, they might share fault.

New Jersey follows a "comparative negligence" rule, meaning that if you're found to be partially at fault, your compensation may be reduced proportionally. However, as long as you're less than 50% at fault, you're still eligible to recover damages.

Pedestrian Accident Statistics in New Jersey

  • In 2023, there were 171 pedestrian fatalities in New Jersey, accounting for a significant portion of traffic-related deaths.
  • The state’s pedestrian toll dropped from 191 (2022) to 171 (2023), bucking the long-term national rise. Even so, pedestrians represented a disproportionately large share (≈28%) of all NJ traffic deaths, well above the national average.
  • Nationwide, there were over 7,000 pedestrian fatalities in the United States in 2023. 
  • These figures underscore the risks pedestrians face and the importance of adhering to safety regulations.

How Can an Attorney Help After a Pedestrian Accident?

Dealing with the aftermath of a pedestrian accident requires legal expertise:

  • Investigation: Gathering evidence, including police reports, witness statements, and surveillance footage.
  • Identifying Liable Parties: Determining all entities responsible for the accident.
  • Negotiating with Insurers: Ensuring fair compensation and handling communications.
  • Litigation: Representing you in court if a settlement cannot be reached.

What Compensation Is Available After a Pedestrian Accident?

Victims of pedestrian accidents may be entitled to various forms of compensation, including:

  • Medical Expenses: Covering current and future treatment costs.
  • Lost Wages: Compensation for income lost due to inability to work.
  • Pain and Suffering: For physical and emotional distress caused by the accident.
  • Property Damage: Reimbursement for personal property damaged in the incident.
  • Punitive Damages: In cases of gross negligence or intentional misconduct.
  • Wrongful Death Claims: For families who have lost a loved one, covering funeral expenses and loss of companionship.

Our team has experience helping injured victims in a wide range of personal injury claims throughout the state of New Jersey, including: 

Freehold and Point Pleasant Offices Serving All of New Jersey

Every year, there are between 4,000 and 5,000 pedestrian deaths from pedestrian-vehicle accidents. Pedestrian accidents account for roughly 13 percent of all vehicle-related fatalities.

These deadly accidents increase in heavily populated, high-traffic areas. This is concerning given the fact that pedestrian deaths are one of the few transportation-related deaths that have consistently been on the rise over the past several years.

One of the likely reasons for the large number of deaths is because pedestrians have very little in the way of protection against a car, truck, or even a motorcycle. If a pedestrian is hit, the injuries are often very serious or life-threatening. Long-term disabilities and life-changing injuries are not uncommon following a pedestrian accident. If you or your loved one has been injured in a pedestrian accident in New Jersey, attorneys at Mallon and Tranger can help you recover damages. Some of the main areas we serve can be found below:

  • Freehold
  • Middletown
  • Long Branch
  • Oakhurst
  • Howell
  • Toms River
  • Point Pleasant
  • Monmouth County
  • Ocean County
  • And more

Contact Mallon and Tranger After a New Jersey Pedestrian Accident

If you or a loved one has been injured in a pedestrian accident anywhere in New Jersey, whether in a busy intersection in Newark, a school zone in Howell, or a crosswalk in Toms River, you deserve strong legal representation to protect your rights and pursue fair compensation.

At Mallon and Tranger, we understand the devastating impact these accidents can have on your physical health, emotional well-being, and financial stability. From the moment you contact our office, you’ll receive personalized attention, compassionate support, and aggressive advocacy. Our team will investigate your case thoroughly, identify all responsible parties, and handle all negotiations with insurers so you can focus on healing.

We have decades of experience representing injured pedestrians across New Jersey, and we’re prepared to fight for the maximum compensation you are entitled to, whether through a negotiated settlement or a courtroom verdict.

Call Mallon and Tranger today at (732) 780-0230 or connect with us online to schedule your free consultation. Let us help you get the justice and financial recovery you need to move forward.

Frequently Asked Questions

How does New Jersey’s comparative negligence rule affect my pedestrian accident case?

New Jersey follows a modified comparative negligence system, which means your recovery can be reduced by your percentage of fault, but you can still recover damages if you are less than 50 percent at fault. An experienced attorney can analyze factors like crosswalk use, signal timing, vehicle speed, and driver behavior to challenge any unfair fault claims. We routinely handle cases from Freehold to Point Pleasant where insurers try to shift blame, and we build a detailed record to protect your rights.

How soon should I speak with an attorney and what deadlines apply in New Jersey?

It is smart to speak with an attorney as soon as possible so we can preserve evidence and guide communications with insurers. New Jersey generally has a two-year statute of limitations for injury claims, and some claims involving public entities require much earlier notice. If your pedestrian accident happened around Freehold or Point Pleasant, reach out promptly so we can confirm the exact deadlines and protect your claim.

If I was partly at fault as a pedestrian, can I still recover damages in New Jersey?

New Jersey follows a comparative negligence system. You can recover as long as you are not more at fault than the party or parties you are suing. Any award is reduced by your percentage of fault. For example, a 20 percent fault finding reduces a 100,000 dollar award to 80,000 dollars. Insurers and juries can assign fault to multiple people depending on the evidence. Your lawyer will gather traffic camera footage, scene measurements, and witness statements to address fault arguments.ons right away.

If I do not own a car, who pays my medical bills after a pedestrian crash?

Pedestrians often access medical coverage through Personal Injury Protection rules. If you have an auto policy in your household, that policy’s PIP may apply when an automobile causes your injuries. If no household PIP is available, other statutes require certain non-automobile policies to provide PIP to injured pedestrians in defined scenarios. The exact payer can depend on vehicle type and policy language. Your attorney will coordinate benefits while pursuing a liability claim against the at-fault driver. Understanding these layers early helps avoid gaps and delays in care.

What official rules govern drivers stopping for pedestrians at crosswalks and intersections?

New Jersey law requires drivers to stop and remain stopped for pedestrians in marked crosswalks. At unmarked intersections, drivers must yield the right of way to pedestrians crossing within the unmarked crosswalk. There are exceptions when signals or police are controlling traffic. Fines and penalties can apply for failure to yield, and those violations may factor into civil liability assessments. These rules complement evidence such as crash reports and scene diagrams. Your attorney will use the statute alongside physical evidence to show how the driver failed to yield.

What if the driver fled the scene or was uninsured in a New Jersey pedestrian crash?

Hit-and-run and uninsured scenarios are common in pedestrian accident cases, but options still exist. We investigate nearby businesses and traffic cameras in Freehold and Point Pleasant, coordinate with law enforcement, and pursue uninsured or underinsured motorist benefits where available. Our attorney team also explores third-party liability, such as negligent maintenance or dangerous roadway conditions, to maximize potential recovery under New Jersey law. If you were hurt as a pedestrian in New Jersey and want answers tailored to your situation, please contact us so we can review your options right away.

Additional Information in New Jersey

  • New Jersey’s Pedestrian Safety Program: The New Jersey Division of Highway Traffic Safety runs a Pedestrian Safety initiative designed to reduce the state’s higher-than-average pedestrian injury and fatality rates. The program emphasizes three E’s: Education to promote safe walking and driving behaviors, Enforcement to target high-risk areas with police action, and Engineering to improve crosswalks, signage, and roadway design. It also highlights the importance of New Jersey’s “Safe Passing Law” and “Stop and Stay Stopped” rule, ensuring stronger protections for pedestrians across communities statewide.
  • New Jersey Statute 39:4-36 – Drivers Yielding to Pedestrians: This statute requires drivers in New Jersey to stop and remain stopped for pedestrians within marked crosswalks and at intersections. It outlines driver responsibilities, pedestrian rights, and penalties for violations, making it a key law in many pedestrian accident cases across Freehold, Point Pleasant, and the rest of the state.
  • 2023 U.S. Pedestrian Traffic Fatalities: Key Trends and State-by-State Data: The Governors Highway Safety Association (GHSA) released preliminary data showing that 7,318 pedestrians were killed in vehicle crashes in 2023, marking a 5.4% decrease from 2022 but still 14.1% higher than pre-pandemic levels in 2019. Fatalities fell in 29 states, but 21 states and Washington, D.C. recorded increases, underscoring persistent safety challenges


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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call or complete the intake form below.
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