A person on foot has no airbag, no seatbelt, and no steel frame. When a car strikes a pedestrian, even at low speed, the injuries are often serious. Broken legs, pelvic fractures, head trauma, and spinal injuries are common.
South Jersey has more pedestrian risk than people expect. Busy corridors like Route 73, Route 70, the White Horse Pike, and the Black Horse Pike run straight through neighborhoods in Cherry Hill, Berlin, Atco, and Blackwood. Many stretches were built for cars, not people.
If you or someone you love was hit while walking, a pedestrian accident lawyer in South Jersey can help you sort out insurance, fault, and compensation. Here is what you should know.
New Jersey’s Crosswalk Law Protects Pedestrians
New Jersey has a “stop and stay stopped” law. Drivers must come to a full stop and remain stopped for a pedestrian in a marked crosswalk. At unmarked crosswalks at intersections, drivers must also yield. A violation can carry fines, points, and even community service.
When a driver breaks this rule and hits someone, the violation can be strong evidence of negligence in a civil claim.
Pedestrians have duties too. People are expected to use crosswalks where available and obey traffic signals. But a pedestrian stepping outside a crosswalk does not give drivers permission to hit them. Drivers must still exercise reasonable care.
Common Causes of Pedestrian Accidents in South Jersey
In our experience handling claims from Voorhees to Deptford, the same patterns show up again and again:
- Failure to yield at crosswalks and intersections
- Distracted driving, especially phone use
- Left turns where the driver is watching oncoming traffic, not the crosswalk
- Speeding on multi-lane highways near shopping centers
- Poor lighting on rural roads in Waterford and Hammonton
- Parking lot collisions at busy retail centers
- Drunk or drowsy driving, often at night
A pedestrian accident lawyer in South Jersey will look at the scene itself. Missing sidewalks, broken signals, or blocked sightlines can point to additional responsible parties.
Who Pays Medical Bills When a Pedestrian Is Hit?
New Jersey is a no-fault state, and that system applies to pedestrians. Personal Injury Protection, or PIP, usually pays medical bills first, regardless of who caused the crash.
Which policy pays depends on your situation:
- If you have your own auto policy, your PIP typically applies, even though you were walking.
- If you live with a relative who has an auto policy, that household policy may apply.
- If there is no policy in your household, the PIP coverage on the vehicle that hit you may apply.
Sorting out the right carrier early prevents denied bills and collection notices. Our post on who pays medical bills after a New Jersey car accident explains PIP in more detail.
Can a Pedestrian Sue for Pain and Suffering?
Often, yes. A pedestrian who owns no car and has no household auto policy is generally not bound by the “limitation on lawsuit” option. That means they can pursue pain and suffering without meeting the permanent injury threshold.
If you do have your own auto policy with the limitation option, the threshold may apply even though you were on foot. That is one more reason to have your coverage reviewed quickly.
What If the Driver Had No Insurance or Drove Away?
Hit-and-run crashes are sadly common in pedestrian cases. So are drivers with minimal or no coverage. Uninsured and underinsured motorist coverage on your own policy, or a household policy, may step in.
Learn more about what happens when you are hit by an uninsured driver in New Jersey.
New Jersey also raised its minimum liability limits to $35,000 per person and $70,000 per accident for policies issued or renewed on or after January 1, 2026. That is still low compared to the cost of a serious pedestrian injury. Finding every available policy matters.
Comparative Fault in Pedestrian Cases
Insurers often try to blame the pedestrian. They may say you were not in a crosswalk, wore dark clothing, or were looking at your phone.
New Jersey uses modified comparative negligence. You can recover as long as you are not more than 50 percent at fault. Your recovery is reduced by your share of fault. A pedestrian accident lawyer in South Jersey pushes back on unfair blame with evidence.
Evidence That Strengthens a Pedestrian Claim
Evidence disappears fast. Try to preserve:
- The police report and the responding officer’s name
- Photos of the scene, crosswalk markings, signals, and lighting
- Names and phone numbers of witnesses
- Surveillance or doorbell video from nearby businesses and homes
- Medical records from the first visit onward
- Your damaged clothing and shoes
Business video is often overwritten within days. Sending a preservation letter quickly can make the difference.
Damages Available After a Pedestrian Accident
Depending on the facts and coverage, an injured pedestrian may pursue:
- Medical expenses beyond PIP
- Lost wages and reduced earning capacity
- Pain and suffering
- Future care costs
- Wrongful death damages for families who lost a loved one
For the most serious injuries, see our work as a catastrophic injury lawyer in Cherry Hill. Families facing a loss can read about our New Jersey wrongful death practice.
How Long Do You Have to File?
The general deadline for a New Jersey personal injury lawsuit is two years from the date of injury. If a town, county, or state agency may be responsible, such as for a broken signal, a notice of claim is typically due within 90 days. Do not wait.
Frequently Asked Questions
Do I need a pedestrian accident lawyer in South Jersey if the driver admitted fault?
It still helps. An admission at the scene does not guarantee the insurer will pay fairly. Coverage questions, PIP disputes, and the value of your injuries all need attention.
Does my own car insurance cover me if I was hit while walking?
Often, yes. If you have an auto policy, your PIP usually pays your medical bills first, even though you were not in your car.
What if I was not in a crosswalk?
You may still have a claim. Drivers must use reasonable care at all times. Your recovery may be reduced by your share of fault, but it is not automatically barred.
Can I recover if I was hit in a parking lot?
Yes, in many cases. Parking lot claims may involve the driver’s insurance and sometimes the property owner, if poor design or lighting contributed.
How much does a pedestrian accident lawyer cost?
Our firm works on a contingency fee. You pay no attorney fee unless we recover compensation for you.
Talk to a Pedestrian Accident Lawyer in South Jersey
The Law Offices of Doner & Castro, P.C. have represented injured people for decades. Our personal injury attorneys serve Cherry Hill, Berlin, Atco, Blackwood, Deptford, Waterford, and Voorhees.
Meet our team on the About Us page. Then call (856) 719-8711 or schedule a free consultation. No fee unless we win.