Hit by a Car While Walking? You Deserve a Fighter, Not a File Number.
Pedestrians have almost no protection when a driver fails them — and the injuries are almost always serious. I'm Mitchell Friedman, and I've spent 40 years representing pedestrian accident victims across Essex County. When you call my office, you speak with me directly, from the first conversation through the resolution of your case.
When a car strikes a pedestrian, the physical and emotional toll is unlike almost any other type of accident. Broken bones, traumatic brain injuries, spinal damage, and long recovery periods are common. So is confusion about what to do next — and worry about how to pay for it all. New Jersey law gives pedestrian accident victims real rights, including the right to pursue compensation from the driver who hit you, their insurance carrier, or in some cases a municipality responsible for unsafe road conditions. The challenge is knowing how to build a case that reflects the full extent of what you've been through. That's where I come in.
Why Pedestrian Accident Cases Require an Attorney Who Will Go the Distance
Insurance companies move quickly after a pedestrian accident — and not in your favor. Adjusters may contact you within days, offering a settlement that sounds reasonable before you fully understand the extent of your injuries. Accepting that offer too soon can forfeit your right to additional compensation, even if your medical costs grow significantly in the months ahead. I've seen this pattern for four decades, and I know how to counter it. My approach is to document everything thoroughly, work with medical professionals to understand the long-term picture, and negotiate from a position of strength. If the insurance company won't offer fair value, I'm prepared to take your case to trial. That willingness matters — it changes how the other side calculates what your case is worth.
What Compensation Can a Pedestrian Accident Victim Recover in New Jersey?
Every case is different, but pedestrian accident victims in New Jersey may be entitled to recover compensation for a range of losses, including:
- Medical expenses, both current and future, including surgery, rehabilitation, and ongoing care
- Lost wages and reduced earning capacity if your injuries affect your ability to work
- Pain and suffering, including physical pain, emotional distress, and loss of enjoyment of life
- Out-of-pocket costs related to your recovery, such as transportation to medical appointments
New Jersey's comparative negligence rules mean that even if you were partially at fault — for example, crossing outside a marked crosswalk — you may still be entitled to recover compensation, as long as your share of fault does not exceed 50 percent. I'll evaluate the facts of your situation honestly and tell you exactly where you stand.
Common Causes of Pedestrian Accidents in Essex County
Pedestrian accidents in West Orange, Newark, East Orange, and the surrounding communities tend to follow recognizable patterns. Understanding how your accident happened is one of the first steps in building a strong claim.
Distracted and Reckless Drivers
Drivers who are texting, running red lights, or failing to yield at crosswalks are responsible for a significant share of pedestrian injuries in New Jersey. When a driver's negligence caused your injuries, that driver — and their insurance carrier — can be held accountable. Documenting the driver's behavior at the time of the accident is critical, and I know exactly what evidence to look for.
Dangerous Intersections and Crosswalk Failures
Not every pedestrian accident comes down to driver error alone. Poorly marked crosswalks, broken traffic signals, inadequate street lighting, and road design failures can all contribute to an accident. In these situations, a municipality or government entity may share liability. These claims involve specific procedural requirements and strict notice deadlines under New Jersey law — missing them can eliminate your right to recover entirely. I handle these cases with the attention to detail they require.
Parking Lot and Driveway Accidents
Many pedestrian injuries happen not on busy streets but in parking lots, driveways, and private property entrances — where drivers move without adequate attention and pedestrians have limited visibility. Property owners and businesses can be liable when unsafe conditions on their premises contribute to an accident. This type of claim often overlaps with premises liability law, and I have deep experience handling both.
Frequently Asked Questions About Pedestrian Accident Claims in NJ
What should I do immediately after being hit by a car while walking in New Jersey?
Call 911 and get medical attention right away, even if you feel you can walk it off. Get the driver's name, insurance information, and license plate number if you can. Take photos of the scene, your injuries, and any contributing conditions like a broken crosswalk signal. Then contact an attorney before speaking with any insurance adjuster. What you say in those early conversations can affect your claim.How long do I have to file a pedestrian accident lawsuit in New Jersey?
In most cases, New Jersey's statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. If a government entity is involved — such as a municipality responsible for road conditions — you may have as little as 90 days to file a notice of claim. These deadlines are firm, and missing them typically means losing your right to recover. The sooner you contact an attorney, the better.What if the driver who hit me didn't have insurance?
New Jersey requires drivers to carry auto insurance, but not all do. If you were hit by an uninsured driver, you may be able to recover through your own uninsured motorist coverage if you have it. There may also be other avenues depending on the circumstances of your accident. I'll review the full picture and identify every available path to compensation.Can I still recover compensation if I was jaywalking when I was hit?
Possibly, yes. New Jersey follows a modified comparative negligence standard, which means your compensation is reduced by your percentage of fault — but you can still recover as long as you were not more than 50 percent responsible for the accident. Whether crossing outside a crosswalk affects your claim depends on the specific facts. I'll give you an honest assessment.Do I need a pedestrian accident attorney, or can I handle the claim myself?
You have the right to handle a claim on your own, but pedestrian accident cases often involve serious injuries, disputed liability, and insurance companies with experienced adjusters working against your interests. Having an attorney levels the playing field. I work on contingency, which means you pay nothing unless I recover compensation for you — so there's no financial risk in getting legal advice early.
If you were injured in a car accident in Essex County or anywhere in New Jersey, I'm ready to help. Call me directly at 973-325-0243, or use the contact form to schedule your free consultation. You'll speak with me — not a staff member — and I'll give you an honest assessment of your case.