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Guide · Pedestrians and bikes · All states

Pedestrian accident lawsuits: who's at fault and what you can recover

Updated By the Counselworthy teamGeneral information, not legal advice

Short answer

  • Fault turns on negligence: who failed to use reasonable care.
  • In New Jersey, drivers must stop and stay stopped for people in marked crosswalks, and a crash there lets a jury infer the driver wasn't careful.
  • People crossing elsewhere must yield, but can still recover unless found more than 50% at fault.

Checked October 24, 2026.

Sources: Cornell Law School, Legal Information Institute, Wex: negligence; P.L.2009, c.319, s.2 (N.J.S.A. 39:4-36); Model Civil Jury Charge 5.32C (revised 03/2021); Traffic Safety Bulletin 10, "Stop and Remain Stopped" for Pedestrians Law; N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2. Every fact cites a source

Checker

Where were you hit?

Pick the closest one. It shows the New Jersey rule that usually matters most there. It can't tell you who was at fault in your crash, or what your claim is worth.

In a marked crosswalkThe driver's duty is clearest
What it is
A crossing where drivers must stop and stay stopped for you.
Why it matters
A crash in a marked crosswalk lets a jury infer the driver didn't use due care.
The rule
A driver must stop and remain stopped for someone crossing in a marked crosswalk. The fine is $200.
What you can do now

Write down the crosswalk's location and signals, and check what the police report says about where you were.

Source: P.L.2009, c.319, s.2 (N.J.S.A. 39:4-36); Model Civil Jury Charge 5.32C (revised 03/2021); Traffic Safety Bulletin 10, "Stop and Remain Stopped" for Pedestrians Law
At a corner with no painted crosswalkDrivers usually must yield
What it is
An unmarked crosswalk at an intersection.
Why it matters
The law gives you the right of way there too, though the inference applies to marked crosswalks.
The rule
A driver must yield the right of way to someone crossing in an unmarked crosswalk at an intersection.
What you can do now

Write down the two streets, and which way the driver was going or turning.

Source: P.L.2009, c.319, s.2 (N.J.S.A. 39:4-36); Model Civil Jury Charge 5.32C (revised 03/2021); Traffic Safety Bulletin 10, "Stop and Remain Stopped" for Pedestrians Law
Crossing mid-blockShared fault will likely come up
What it is
Crossing away from a crosswalk.
Why it matters
You had to yield to vehicles. A driver still owes care, and your share of the fault only cuts what you recover.
The rule
Someone crossing outside a crosswalk must yield to vehicles. In New Jersey, you recover nothing only if you were more than 50% at fault.
What you can do now

Ask for the police report, and write down any cameras or witnesses nearby.

Source: P.L.2009, c.319, s.2 (N.J.S.A. 39:4-36); Model Civil Jury Charge 5.32C (revised 03/2021); Traffic Safety Bulletin 10, "Stop and Remain Stopped" for Pedestrians Law; N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
My child was hitDifferent rules for children
What it is
A claim for an injured child, brought by a parent or guardian.
Why it matters
The law holds children to a child's standard of care, not an adult's.
The rule
The law presumes a child under 7 isn't capable of acting negligently. A judge must find a child's settlement fair and reasonable.
What you can do now

Keep every medical record and bill in one place, from the first visit on.

Source: Model Civil Jury Charge 7.11; R. 4:44-3; R. 1:21-7(c)(6)
The driver drove offYour own coverage comes first
What it is
A claim with no driver to name yet.
Why it matters
Your household's auto policy covers you on foot, whoever caused it.
The rule
Your household's PIP covers you as a pedestrian. Someone without a household policy may be eligible for PIP from the state's Unsatisfied Claim and Judgment Fund.
What you can do now

Report it to police right away, and give your insurer written notice.

Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6-86.7; N.J.S.A. 17:28-1.3; New Jersey Property-Liability Insurance Guaranty Association, Unsatisfied Claim & Judgment Fund; UCJF Claims, N.J.S.A. 39:6-65 and 39:6-70; Pedestrian Personal Injury Protection (PIP) Claims, N.J.S.A. 39:6-61 et seq.; Notice of Intention to Make a Claim (UCJF)
A bus or a town vehicle hit meAsk a lawyer soon
What it is
A claim against a public entity.
Why it matters
Its notice deadline is far shorter than the usual deadline to sue.
The rule
Written notice of a claim against a public entity is due within 90 days.
What you can do now

Write down the agency, the vehicle or route number, and the date now.

Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

NJWhat Jersey City's police reports show

Police reports don't decide fault, but they show how crashes that hurt people on foot happen. These come from the reports behind New Jersey's crash tables for Jersey City.

  • 42%of people hurt on foot in Jersey City were crossing in a marked crosswalk at a corner, by the police report: 464 of 1,116.
  • 48%of people hurt on foot in Jersey City had police mark "None" for anything they did to contribute: 536 of 1,116.
  • 51%of crashes in Jersey City that hurt someone on foot had a driver police wrote wasn't paying attention: 544 of 1,067.
  • 30%of crashes in Jersey City that hurt someone on foot had a driver turning left: 317 of 1,067.
  • 34%of crashes in Jersey City that hurt someone on foot happened in the dark, street lights on or off (of those with the light recorded): 361 of 1,061.
  • 1 in 4crashes in Jersey City that hurt someone on foot was a hit-and-run, where a driver left: 274 of 1,067.

What police wrote on each crash report (form NJTR-1), 2019 to 2023, the newest years NJDOT has published in full. It isn't a finding of fault. Source: NJDOT crash tables, checked October 16, 2026.

See every crash on Jersey City's crash map

NJWho has the right of way

New Jersey's crosswalk law puts duties on both sides.

  1. Marked crosswalks: stop and stay stoppedA driver must stop and remain stopped for someone crossing in a marked crosswalk. The fine is $200.Source: P.L.2009, c.319, s.2 (N.J.S.A. 39:4-36); Model Civil Jury Charge 5.32C (revised 03/2021); Traffic Safety Bulletin 10, "Stop and Remain Stopped" for Pedestrians Law
  2. Corners without paint: yieldA driver must yield the right of way to someone crossing in an unmarked crosswalk at an intersection.Source: P.L.2009, c.319, s.2 (N.J.S.A. 39:4-36); Model Civil Jury Charge 5.32C (revised 03/2021); Traffic Safety Bulletin 10, "Stop and Remain Stopped" for Pedestrians Law
  3. Anywhere else: the person on foot yieldsSomeone crossing outside a marked or unmarked crosswalk at an intersection must yield to vehicles.Source: P.L.2009, c.319, s.2 (N.J.S.A. 39:4-36); Model Civil Jury Charge 5.32C (revised 03/2021); Traffic Safety Bulletin 10, "Stop and Remain Stopped" for Pedestrians Law
  4. No stepping into a car too close to stopNo one may leave a curb and walk or run into the path of a vehicle so close the driver can't yield or stop. The law doesn't excuse a person on foot from using due care.Source: P.L.2009, c.319, s.2 (N.J.S.A. 39:4-36); Model Civil Jury Charge 5.32C (revised 03/2021); Traffic Safety Bulletin 10, "Stop and Remain Stopped" for Pedestrians Law
  5. A crash in a marked crosswalkWhen a car hits someone in a marked crosswalk, the jury may infer the driver didn't use due care for that person's safety. It's an inference, not an automatic finding.Source: P.L.2009, c.319, s.2 (N.J.S.A. 39:4-36); Model Civil Jury Charge 5.32C (revised 03/2021); Traffic Safety Bulletin 10, "Stop and Remain Stopped" for Pedestrians Law

How fault gets decided

Anywhere in the country, an injury claim is usually about negligence: someone failed to use the care a reasonable person would have, and that caused the harm.

  1. NegligenceThe person you claim against owed you a duty of care, failed to meet it, and that caused your injury.Source: Cornell Law School, Legal Information Institute, Wex: negligence
  2. Traffic laws can matter on their ownCornell's Legal Information Institute says the most common use of negligence per se is traffic violations: breaking the traffic code counts as negligence. States differ on how far they take it.Source: Cornell Law School, Legal Information Institute, Wex: negligence per se
  3. Shared fault, in New JerseyYour recovery is cut by your share of the fault. You recover nothing only if your negligence was greater than the driver's, or than everyone you sue combined.Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
  4. Who decidesIn a New Jersey trial, the jury puts a percentage of the fault on each side.Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

NJWhat a claim can cover

In New Jersey, your own household's auto policy pays first, then a claim against the driver can cover what it doesn't.

  1. Medical bills, first from PIPA household auto policy's PIP covers you when a car hits you on foot, whoever caused it.Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6-86.7; N.J.S.A. 17:28-1.3
  2. Bills and losses past PIPThe PIP law doesn't limit recovering what PIP didn't pay from the person at fault: medical bills above the PIP limits, deductibles and copays, and lost income.Source: N.J.S.A. 39:6A-12; N.J.S.A. 39:6A-2(k)
  3. Pain and sufferingIf your household's policy has the lawsuit limit, it can apply: a claim needs one of the injuries the law lists, such as death, dismemberment, significant disfigurement or significant scarring, displaced fractures, loss of a fetus and a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)
  4. When someone diesA wrongful death claim recovers the financial losses the death caused, plus hospital, medical and funeral expenses.Source: N.J.S.A. 2A:31-5

NJWhen a child is hit

  1. A child's standard of careThe law presumes a child under 7 isn't capable of acting negligently. An older child is held to the care of children of similar age, judgment and experience.Source: Model Civil Jury Charge 7.11
  2. More time to sueFor a child under 18, the time to sue generally starts at 18.Source: N.J.S.A. 2A:14-21
  3. A judge approves the settlementA judge decides whether a child's settlement is fair and reasonable. Settled before a jury is seated, the lawyer's fee is capped at 25%.Source: R. 4:44-3; R. 1:21-7(c)(6)
  4. Nationally17% of children 14 and younger killed in traffic crashes in 2024 were pedestrians, by NHTSA's count.Source: NHTSA, Traffic Safety Facts, Pedestrians: 2024 Data (DOT HS 813 818, June 2026)

What to do after a pedestrian accident

  • DoCall the police so there's a report, even if you feel fine.
  • DoGet the driver's name, insurance and plate, and the names of anyone who saw it.
  • DoWrite down where you were crossing, the signals, and which way the car was turning.
  • DoGive your own auto insurer written notice for PIP, and keep every bill.
  • Don'tDon't guess about fault with the driver or an adjuster. Stick to what happened.
  • Don'tDon't sign anything from the driver's insurer before you know what it ends.

Pedestrian crashes, nationally

NHTSA's newest full year, 2024:

  1. 7,080 people killed on footPedestrians died in traffic crashes across the country, by NHTSA's count.Source: NHTSA, Traffic Safety Facts, Pedestrians: 2024 Data (DOT HS 813 818, June 2026)
  2. Most in the dark76% of pedestrian deaths happened in the dark.Source: NHTSA, Traffic Safety Facts, Pedestrians: 2024 Data (DOT HS 813 818, June 2026)
  3. Most away from intersections73% happened at places that weren't intersections.Source: NHTSA, Traffic Safety Facts, Pedestrians: 2024 Data (DOT HS 813 818, June 2026)

NJThe deadlines

  1. Sue the driver, in generalN.J.S.A. 2A:14-2(a)2 years after the injury
  2. A bus or vehicle of a public entityN.J.S.A. 59:8-8Notice within 90 days
  3. A child's claimN.J.S.A. 2A:14-21The clock generally starts at 18
Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9; N.J.S.A. 2A:14-21

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

Who is at fault in a pedestrian accident?

Whoever failed to use reasonable care, and often both share it. In New Jersey, drivers must stop and stay stopped for people in marked crosswalks, and people crossing elsewhere must yield to vehicles. A jury puts a percentage of the fault on each side.

Can a pedestrian be at fault for being hit?

Yes, in part or mostly. In New Jersey, your share of the fault cuts what you recover, and you recover nothing only if you were more than 50% at fault.

What happens if a pedestrian is hit outside a crosswalk?

In New Jersey, someone crossing outside a crosswalk must yield to vehicles, so shared fault usually comes up. The driver still owes care, and a claim can still recover what's left after your share is taken off.

Can you sue if you were hit by a car while walking?

Generally yes, within 2 years in New Jersey. Your household's PIP pays medical bills first. If your policy has the lawsuit limit, pain and suffering needs one of the injuries the law lists.

How much is a pedestrian accident settlement?

No average fits a claim: it turns on the injuries, the coverage and the shares of fault. Counselworthy's settlement results list what local firms posted for pedestrian cases, in their own words.

What if a child is hit by a car?

The law presumes a child under 7 can't be negligent, and older children are held to a child's standard. The time to sue generally starts at 18, and a judge must approve a settlement.

What should you do after being hit by a car as a pedestrian?

Call the police so there's a report, get the driver's insurance and witnesses' names, write down where you were crossing, and give your own insurer written notice for PIP.

More on pedestrians and bikes

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