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When a vehicle strikes a pedestrian, the consequences can be devastating. Injuries range from broken bones and lacerations to traumatic brain injuries, spinal cord damage, and death. If you or a loved one was hit by a car, you need an experienced pedestrian accident lawyer in Clifton who understands these cases and knows how to recover the compensation you deserve.

At Brach Eichler Injury Lawyers, we have recovered over $535 million for injured clients throughout New Jersey. Our team includes certified civil trial attorneys with decades of combined experience handling pedestrian accident cases. We work on a contingency basis, meaning you pay no fees unless we win your case. Contact us today for a free consultation.

CLIFTON OFFICE 481 Highland Ave. Clifton, NJ 07011 (973) 364-8300
Table Of Contents

    Why Choose Brach Eichler Injury Lawyers for Your Pedestrian Accident Claim

    When you’re injured in a pedestrian accident, choosing the right attorney matters. The difference between a fair settlement and one that leaves you struggling with medical bills and lost income can be significant. Here’s why Brach Eichler Injury Lawyers stands out:

    • Experience and Track Record. We’ve been serving New Jersey clients since 1967—over 50 years of dedicated personal injury representation. Our team of nine attorneys has successfully handled thousands of cases, recovering millions in compensation for pedestrians struck by vehicles. Learn more about our Clifton personal injury lawyers and our commitment to the community.
    • Certified Trial Attorneys. Two of our attorneys, Edward P. Capozzi and Alex S. Capozzi, hold certification as civil trial attorneys from the New Jersey Supreme Court—a distinction held by fewer than 2% of attorneys in the state. This certification reflects our commitment to trial excellence and our ability to take cases to court when necessary.
    • Proven Results. We recovered $21.8 million for a child struck by a commercial vehicle who suffered a traumatic brain injury. We also recovered $5.35 million for a pedestrian struck by a tractor-trailer. These results demonstrate our ability to handle catastrophic pedestrian accident cases and negotiate aggressively on behalf of our clients. View our complete case results and settlements.
    • Local Presence. Our Clifton office at 481 Highland Avenue serves residents throughout Passaic County. We understand the local roads, intersections, and traffic patterns where pedestrian accidents occur.
    • No Upfront Costs. We represent clients on a contingency basis. You don’t pay attorney fees unless we recover compensation for you. This arrangement aligns our interests with yours—we only succeed when you succeed.
    • Client-Centered Approach. Our clients rate us 4.9 stars on Google with over 5,900 reviews. We listen to your concerns, keep you informed throughout your case, and work to recover the maximum compensation available under New Jersey law.

    What Constitutes a Pedestrian Accident in Clifton

    A pedestrian accident occurs when a vehicle strikes a person on foot. These accidents can happen in various settings throughout Clifton—at intersections, in crosswalks, on sidewalks, or in parking lots. The severity ranges from minor injuries to catastrophic harm or death.

    Pedestrians lack the protective shell that vehicle occupants have. When struck by a car, truck, or commercial vehicle, pedestrians often suffer severe injuries because they absorb the full force of the impact. Understanding the different types of pedestrian accidents helps establish liability and strengthens your claim.

    Types of Pedestrian Accidents We Handle

    Some of the pedestrian accidents our firm handles are:

    • Crosswalk Accidents. These occur when a driver fails to yield to a pedestrian lawfully crossing in a marked or unmarked crosswalk. Even when pedestrians have the right of way, drivers sometimes fail to see them or misjudge their speed. Crosswalk violations are a primary cause of pedestrian injuries in New Jersey.
    • Hit-and-Run Incidents. Some drivers flee the scene after striking a pedestrian. We work with police and insurance companies to identify the responsible driver and pursue claims through uninsured motorist coverage when necessary. Learn more about hit-and-run accidents.
    • Distracted Driver Collisions. Drivers texting, using phones, eating, or otherwise distracted may fail to notice pedestrians in their path. These preventable accidents cause serious injuries. Distracted driving is a leading cause of pedestrian accidents in New Jersey.
    • Speeding-Related Pedestrian Strikes. Excessive speed reduces a driver’s ability to stop and increases injury severity. Speeding in residential or commercial areas where pedestrians are present constitutes negligence.
    • Failure to Yield Accidents. Drivers must yield to pedestrians in crosswalks and at intersections. When they fail to do so, pedestrians suffer injuries through no fault of their own.
    • Pedestrian Struck While Jaywalking. Even if a pedestrian was jaywalking, New Jersey’s comparative negligence law may still allow recovery. We investigate these cases thoroughly to minimize your liability percentage.

    Common Causes of Pedestrian Accidents in Clifton

    Understanding what causes pedestrian accidents helps establish liability and proves the driver’s negligence. Common causes include:

    • Distracted Driving. Cell phone use, texting, eating, adjusting GPS, or other distractions divert a driver’s attention from the road. A momentary lapse in attention can result in a pedestrian being struck. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claims thousands of lives annually. The NHTSA reports that distracted driving is a significant factor in pedestrian accidents.
    • Failure to Yield at Intersections and Crosswalks. Drivers must yield to pedestrians in crosswalks and when pedestrians have the walk signal. Many accidents occur when drivers run red lights or turn without checking for pedestrians.
    • Speeding in Residential and Commercial Areas. Excessive speed reduces stopping distance and increases injury severity. Drivers traveling above posted speed limits in areas with pedestrian traffic act negligently. Speeding accidents are particularly dangerous in populated areas.
    • Impaired Driving. Alcohol and drug use impair judgment, reaction time, and motor control. Impaired drivers cannot safely navigate areas with pedestrian traffic. For more information, see our guide on drunk driving accidents.
    • Poor Visibility Conditions. Rain, fog, snow, and darkness reduce visibility. Drivers must adjust their speed and attention accordingly. Failure to do so when a pedestrian is struck constitutes negligence. Winter driving conditions increase pedestrian accident risk significantly.
    • Defective Traffic Signals or Road Hazards. Malfunctioning traffic signals or poorly maintained roads can contribute to pedestrian accidents. In these cases, municipalities or responsible parties may share liability. Road defects can create dangerous conditions for pedestrians.
    • Driver Fatigue. Drowsy drivers have slower reaction times and reduced awareness. Fatigued driving is particularly dangerous in areas with pedestrian traffic.
    • Aggressive Driving Behavior. Tailgating, weaving through traffic, and other aggressive behaviors increase accident risk and demonstrate negligence.

    Injuries Resulting from Pedestrian Accidents

    people walking in pedestrian lane

    Pedestrian accidents often result in severe injuries because pedestrians lack the protection that vehicle occupants have. Common injuries include:

    • Traumatic Brain Injuries (TBI) and Concussions. Impact to the head can cause TBI, ranging from mild concussions to severe brain damage affecting cognition, memory, and motor function. These injuries often require long-term medical care and rehabilitation. Learn more about traumatic brain injuries from accidents and five ways to prove your traumatic brain injury.
    • Spinal Cord Injuries and Paralysis. Damage to the spinal cord can result in partial or complete paralysis. These catastrophic injuries permanently alter a person’s life and require ongoing medical care. Our firm has extensive experience with spinal cord injury cases.
    • Broken Bones and Fractures. Legs, arms, ribs, and pelvis fractures are common in pedestrian accidents. Some fractures require surgery and extended recovery periods.
    • Internal Organ Damage. Blunt force trauma can damage internal organs, causing internal bleeding and other life-threatening conditions.
    • Lacerations and Soft Tissue Injuries. Cuts, abrasions, and muscle or ligament damage occur when pedestrians are struck or dragged by vehicles.
    • Wrongful Death. Tragically, some pedestrian accidents result in death. Families of deceased pedestrians can pursue wrongful death claims for funeral expenses, loss of companionship, and other damages.
    • Long-Term Disability and Chronic Pain. Even after initial recovery, many pedestrian accident victims experience chronic pain, reduced mobility, and permanent disability affecting their ability to work and enjoy life.
    • Psychological Trauma. PTSD, anxiety, and depression commonly follow pedestrian accidents. The psychological impact can be as significant as physical injuries. Learn more about anxiety after an accident.

    Liability and Compensation in Pedestrian Accident Cases

    Establishing liability in pedestrian accident cases requires proving that the driver owed a duty of care to the pedestrian, breached that duty, and caused injuries as a result.

    • Duty of Care. Drivers owe a duty of care to pedestrians on roadways. This duty requires drivers to operate vehicles safely, obey traffic laws, and avoid actions that could harm pedestrians.
    • Pedestrian Right-of-Way Rules in New Jersey. New Jersey law grants pedestrians the right of way in marked and unmarked crosswalks when the pedestrian has the walk signal or when entering the crosswalk lawfully. Drivers must yield to pedestrians in these situations. According to the New Jersey Department of Transportation, pedestrian safety is a critical priority.
    • Comparative Negligence. New Jersey follows a comparative negligence system. Even if a pedestrian was partially at fault—for example, jaywalking—they can still recover compensation. Your recovery is reduced by your percentage of fault. If you were 20% at fault and your damages total $100,000, you would recover $80,000.
    • Insurance Coverage. Most pedestrian accident claims are covered by the driver’s auto liability insurance. If the driver is uninsured or underinsured, your own uninsured motorist coverage may apply.
    • Recoverable Damages. Pedestrian accident victims can recover:

    How We Prove Liability

    The lawyers at Brach Eichler Injury Lawyers can prove liability by gathering the following:

    • Police Accident Reports. Official reports document the accident, identify witnesses, and often include the officer’s assessment of fault.
    • Witness Testimony. Eyewitnesses provide crucial accounts of how the accident occurred and who was at fault.
    • Traffic Camera and Surveillance Footage. Video evidence from nearby businesses, traffic cameras, or dashcams often clearly shows how the accident happened.
    • Expert Accident Reconstruction. We retain accident reconstruction experts who analyze vehicle damage, road conditions, and physics to determine how the accident occurred and establish fault.
    • Medical Records and Expert Testimony. Medical records document your injuries. Medical experts testify about the severity of injuries and their connection to the accident.
    • Vehicle Maintenance Records. We obtain records showing whether the vehicle had mechanical defects that contributed to the accident.

    Our Pedestrian Accident Case Results

    Our track record demonstrates our ability to recover substantial compensation for pedestrian accident victims:

    • $21.8 Million Settlement. A child was struck by a commercial vehicle while crossing the street, suffering a permanent traumatic brain injury affecting cognitive function and physical capabilities. This settlement represents one of the largest personal injury settlements in New Jersey history and reflects the severity of the child’s injuries and our aggressive advocacy. Edward P. Capozzi and Alex S. Capozzi handled this case.
    • $5.35 Million Settlement at Trial. A pedestrian was struck by a tractor-trailer. We negotiated this substantial settlement during trial proceedings, demonstrating our strong jury trial position and willingness to take cases to court. Edward P. Capozzi, Alex S. Capozzi, and Corey A. Dietz handled this case.
    • $3.55 Million Settlement. A woman injured when her car struck a guardrail received this recovery. Corey A. Dietz handled this case.

    These results reflect our commitment to maximizing compensation for our clients and our willingness to take cases to trial when necessary to achieve fair outcomes. View our complete results page for additional case outcomes.

    Steps to Take After a Pedestrian Accident in Clifton

    If you’re struck by a vehicle, taking the right steps immediately after the accident protects your health and strengthens your legal claim:

    1. Seek Immediate Medical Attention. Your health is the priority. Call 911 if you’re seriously injured. Even if injuries seem minor, see a doctor. Some injuries like internal bleeding or concussions don’t show symptoms immediately. Medical records document your injuries and create a clear link between the accident and your harm.
    2. Report the Accident to Police. Call the Clifton Police Department to report the accident. Obtain the police report number. The official report documents the accident and often includes the officer’s assessment of fault.
    3. Gather Witness Contact Information. Ask anyone who saw the accident for their name and phone number. Witness testimony is valuable evidence.
    4. Document the Scene. Take photos and video of the accident scene, vehicle damage, traffic signals, road conditions, and your injuries. This evidence helps establish how the accident occurred.
    5. Preserve Evidence. Keep the clothing you wore during the accident. Damage to clothing can help demonstrate the force of impact.
    6. Do Not Admit Fault. Don’t tell the driver or police that the accident was your fault. Statements made at the scene can be used against you later.
    7. Do Not Sign Documents. Don’t sign anything except for police reports. Insurance companies may try to get you to sign documents limiting your rights.
    8. Contact Brach Eichler Injury Lawyers Immediately. Call us for a free consultation as soon as possible. Early investigation is crucial. We can preserve evidence, identify witnesses, and begin building your case.
    9. Avoid Social Media. Don’t post about the accident on social media. Insurance companies monitor social media and may use your posts against you. For more information, see our guide on social media and insurance claims.

    Frequently Asked Questions

    What if I was partially at fault for the pedestrian accident?

    New Jersey’s comparative negligence law allows you to recover even if you were partially at fault. Your compensation is reduced by your percentage of fault. For example, if you were 15% at fault and your damages total $100,000, you would recover $85,000. We investigate thoroughly to minimize your liability percentage and maximize your recovery.

     

    How long does a pedestrian accident case take?

    Most cases settle within 6 to 12 months through negotiation with insurance companies. Cases that go to trial typically take 1 to 3 years depending on complexity and court schedules. We keep you informed throughout the process and discuss settlement offers with you before accepting any resolution. Learn more about how long personal injury lawsuits take.

     

    What damages can I recover in a pedestrian accident claim?

    You can recover economic damages (medical expenses, lost wages, future medical care) and non-economic damages (pain and suffering, emotional distress, permanent disability). In wrongful death cases, families can recover funeral expenses and damages for loss of companionship. The specific damages depend on your injuries and circumstances.

    Do I have to go to trial for my pedestrian accident case?

    Most cases settle before trial. However, we prepare every case as if it will go to trial. If the insurance company refuses to offer fair compensation, we’re prepared to take your case to court. You have the final say on whether to accept a settlement or proceed to trial. Learn more about why some personal injury cases go to trial.

    What is the statute of limitations for pedestrian accidents in New Jersey?

    You have two years from the date of the accident to file a lawsuit. Missing this deadline bars you from recovering compensation. Contact us immediately to protect your rights and ensure we file within the deadline. Learn more about suing after an accident time limit.

    How much does it cost to hire Brach Eichler Injury Lawyers for my case?

    We represent clients on a contingency basis. You pay no upfront fees. We only get paid if we recover compensation for you through settlement or trial verdict. This arrangement means we’re motivated to maximize your recovery.

    What makes Brach Eichler Injury Lawyers different from other pedestrian accident lawyers?

    We bring 50+ years of experience, certified civil trial attorneys, and a proven track record of multi-million dollar recoveries. We recovered $21.8 million for a pedestrian struck by a commercial vehicle and $5.35 million for a pedestrian struck by a tractor-trailer. Our attorneys are recognized by Super Lawyers, Best Lawyers in America, and the Multi-Million Dollar Advocates Forum. We maintain a local Clifton office for convenient access and operate on a contingency basis so you have no financial risk.

    Contact Brach Eichler Injury Lawyers Today

    If you were struck by a vehicle in Clifton, don’t wait to seek legal representation from our firm. The sooner we begin investigating your case, the better our team of attorneys can preserve evidence and build a strong claim. Contact Brach Eichler Injury Lawyers for a free consultation. Call us at (973) 364-8300 or schedule a consultation online. We’re here to help you recover the compensation you deserve.

    Written by: Brach Eichler Injury Lawyers Last Updated : October 30, 2025
    It's All About Results

    We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.

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    My case was not a simple case, but Ed Capozzi and his team took it head on. It was a pleasure to deal with Ed Capozzi and Corey Dietz. All their knowledge and fast response to any questions I had throughout the case made it easier on me. I can’t forget about Mr. Capozzi’s wonderful paralegal. Ella Twardowski was a pleasure to talk to and work with. Everybody was kind and thoughtful. This team of attorneys never made me feel like I was just another case. They make you feel like friends. If you need an attorney, give Ed Capozzi and Corey Dietz a call! They won’t let you down! Thanks to everyone at Brach Eichler Injury Lawyers! You guys rock!

    - M. W.

    Edward Capozzi helped my father tremendously throughout his case. Throughout the whole process, Capozzi and his staff were very helpful and answered all of our questions thoroughly. My family and I are just speechless. Excellent job!!! Would 100% recommend anyone to them.

    - E. K.

    I had a great experience with Alex Capozzi at Brach Eichler Injury Lawyers, helping resolve an issue I had with a previous landlord. Alex provided invaluable guidance and professionalism that helped me avoid a massive headache. Highly recommend this firm to anyone looking for legal advice or services! Thanks Alex!

    - D. P.

    The personal injury attorneys at Brach Eichler Injury Lawyers set the bar very high. They are a phenomenal group of lawyers and I would not recommend searching anywhere else. I personally know Kristofer Petrie (Kris) and his team work endlessly to make you feel at home in the toughest of situations, while getting the results that you’re hoping for in a timely manner.

    - A. S.

    The staff is polite and kind. My attorney Capozzi worked hard to get me what I deserved! I would definitely recommend and give more stars if I could.

    - N. R.
    *Past results to not indicate future performance. Results may vary depending on your particular facts and legal circumstances.
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