When a pedestrian is struck by a vehicle, the consequences are often severe. Unlike vehicle occupants who have airbags, seat belts, and metal frames for protection, pedestrians face the full force of impact. There are no barriers between them and serious injury or death. If you or a loved one has been injured in a pedestrian accident in New Jersey, you need an experienced attorney. Our legal team understands these cases and will work hard for the compensation you deserve.
At Brach Eichler Injury Lawyers, we have spent over 50 years representing pedestrian accident victims throughout New Jersey. Our team of certified civil trial attorneys has recovered millions of dollars for clients. We understand the physical, emotional, and financial toll that a pedestrian accident takes on victims and their families. We are committed to holding negligent drivers accountable.
Why Choose Brach Eichler Injury Lawyers for Your Pedestrian Accident Claim
When you choose Brach Eichler Injury Lawyers, you are choosing a firm with a strong track record of success in pedestrian accident cases. Here’s what sets us apart:
- Results in Serious Cases – We recovered a $21.8 million settlement for a child struck by a commercial vehicle. The child suffered a permanent traumatic brain injury. We also recovered $5.35 million in a pedestrian struck by a tractor-trailer case. View our case results to learn more about our settlements and verdicts.
- Certified Civil Trial Attorneys – Our founding partner, Edward P. Capozzi, and partner Alex S. Capozzi are both certified civil trial attorneys. The New Jersey Supreme Court grants this certification. This certification is held by approximately 2% of attorneys in New Jersey. It indicates strong expertise in trial advocacy. Edward P. Capozzi brings decades of experience in personal injury law. He has been recognized as a Super Lawyer since 2012. Alex S. Capozzi is a Super Lawyers Rising Star. He was recognized in the 2024 Top 20 New Jersey Verdicts with a $2.75 million jury verdict.
- Multi-Million Dollar Track Record – Across all practice areas, Brach Eichler Injury Lawyers has recovered over $535 million for clients. This demonstrates our consistent ability to secure substantial settlements and verdicts.
- 50+ Years of Experience – Founded in 1967, our firm has spent more than five decades representing injury victims throughout New Jersey. We have the experience, resources, and relationships necessary to handle complex pedestrian accident cases. Learn more about our firm.
- Statewide Presence – With 8 office locations across New Jersey, we are accessible to clients throughout the state. Whether you were injured in North Jersey, Central Jersey, or South Jersey, we have an office near you. We serve clients in Bergen County, Essex County, Hudson County, and throughout the state.
- No Fees Unless We Win – We represent clients on a contingency fee basis. You pay nothing unless we recover compensation for you. This aligns our interests with yours. We only succeed when you succeed.
- Trial Experience – We are prepared to take cases to trial. In 2024, one of our attorneys secured the 12th highest jury verdict in New Jersey. This demonstrates our trial strength. It shows our willingness to fight for maximum compensation. We do not accept inadequate settlement offers.
- National Recognition – Our attorneys have been recognized by Best Lawyers in America 2026, Super Lawyers, the Multi-Million Dollar Advocates Forum, and the Million Dollar Advocates Forum. Edward P. Capozzi served as the 59th President of the New Jersey Association for Justice. He was inducted into the New Jersey Law Journal Hall of Fame in 2014.
When you hire Brach Eichler Injury Lawyers, you get a team of experienced trial attorneys. We investigate your case thoroughly and negotiate aggressively with insurance companies. We take your case to trial if necessary to secure the compensation you deserve.
Why Pedestrian Accidents Require Immediate Legal Action
Pedestrian accidents are among the most serious motor vehicle incidents. According to data from the National Highway Traffic Safety Administration, pedestrians account for a significant portion of traffic fatalities and serious injuries each year. In New Jersey, pedestrians struck by vehicles often suffer life-altering injuries. These injuries require extensive medical treatment and long-term care.
The injuries sustained in pedestrian accidents are typically severe. There is no protection between the victim and the vehicle. Common injuries include traumatic brain injuries, spinal cord injuries, broken bones, internal organ damage, and soft tissue injuries. Many victims face permanent disability, chronic pain, and ongoing medical care needs.
One critical reason to seek legal representation immediately after a pedestrian accident is the statute of limitations. In New Jersey, you have two years from the date of your injury to file a lawsuit. This deadline is absolute. If you miss it, you lose your right to pursue compensation forever. Additionally, evidence deteriorates over time. Witness memories fade, surveillance footage is deleted, and accident scenes change. An experienced attorney will preserve evidence immediately. We begin building your case while the details are fresh.
Insurance companies also move quickly after pedestrian accidents. They often attempt to settle claims for far less than they are worth. They employ teams of adjusters and attorneys. Their job is to minimize payouts. Without legal representation, you are at a significant disadvantage. You cannot negotiate effectively with these professionals alone.
Common Causes of Pedestrian Accidents in New Jersey
Pedestrian accidents occur for many reasons. Most are caused by driver negligence. Understanding the common causes helps establish liability in your case:
- Distracted Driving – Drivers texting, using phones, or eating fail to see pedestrians. They miss pedestrians in crosswalks or on sidewalks. Distracted driving accidents are a leading cause of pedestrian injuries.
- Speeding and Failure to Yield – Drivers who exceed speed limits fail to yield the right-of-way to pedestrians. Accidents occur at intersections and crosswalks. Speeding accidents often result in more severe injuries.
- Impaired Driving – Drivers under the influence of alcohol or drugs have slower reaction times. Their judgment is impaired, making them unable to avoid pedestrians. Drunk driving accidents pose a significant risk to pedestrians.
- Poor Visibility and Weather Conditions – Accidents occur more frequently during dawn, dusk, nighttime, rain, and snow. Visibility is reduced in these conditions. Drivers must adjust their speed and attention accordingly.
- Defective Traffic Signals and Road Hazards – Malfunctioning traffic signals, inadequate street lighting, and poor road conditions contribute to pedestrian accidents. In these cases, municipalities or property owners may share liability. Premises liability claims may apply in these situations.
- Aggressive Driving – Road rage, tailgating, and other aggressive driving behaviors increase the risk of pedestrian accidents.
- Vehicle Defects – In some cases, defective brakes, steering systems, or other vehicle components contribute to accidents. Product liability claims may be available if vehicle defects caused your injury.
Each of these causes establishes driver negligence. Negligence is essential to recovering compensation for your injuries. If you were injured in a car accident caused by any of these factors, our attorneys can help.
What to Do Immediately After a Pedestrian Accident
The moments and hours following a pedestrian accident are critical. Taking the right steps protects your health. It also preserves evidence and strengthens your legal case:
- Call 911 and Seek Medical Attention First – Your health is the priority. Call emergency services immediately, even if you think your injuries are minor. Some serious injuries may not be immediately apparent. Internal bleeding or traumatic brain injuries can develop over time. A medical evaluation creates an official record of your injuries. This record is essential for your case.
- Document the Scene – If you are able, take photos and videos of the accident scene. Include the vehicle involved, traffic signals, street conditions, and your injuries. Ask bystanders for their contact information. Witness testimony is important.
- Exchange Information with the Driver – Get the driver’s name, phone number, address, insurance information, and vehicle details. Note the vehicle’s license plate number and description.
- Report to Police – File a police report and obtain the report number. This official documentation is critical for your claim.
- Preserve Evidence – Keep the clothing you were wearing. It may show the point of impact. Preserve all medical records, prescriptions, and receipts related to your treatment.
- Contact an Attorney Before Speaking to Insurance – This is crucial. Insurance adjusters will contact you and may ask for a recorded statement. Anything you say can be used against you. It may minimize your claim. An experienced attorney will handle all communications with insurance companies. We protect your rights.
How New Jersey Comparative Negligence Laws Affect Your Case
New Jersey follows a “modified comparative negligence” rule. It is also known as the 50% bar rule. You can recover compensation even if you were partially at fault for the accident. This applies as long as you were less than 50% responsible. However, your recovery is reduced by your percentage of fault.
For example, if a jury determines you were 20% at fault and the driver was 80% at fault, your recovery is reduced. This reflects your 20% share of fault.
Defense attorneys often try to shift blame to pedestrians. They argue pedestrians were jaywalking, not paying attention, or wearing dark clothing. These are common defense tactics. They are designed to reduce the driver’s liability. Our attorneys are experienced in countering these arguments. We investigate thoroughly to establish that the driver had a duty to avoid hitting you. This duty exists regardless of whether you were jaywalking. Drivers must maintain control of their vehicles. They must avoid pedestrians whenever possible.
The strength of liability in your case directly impacts settlement value. Cases with clear driver liability and minimal pedestrian fault command higher settlements. Cases where fault is disputed typically result in lower settlements. Our New Jersey personal injury attorneys have extensive experience negotiating these complex liability issues.
Frequently Asked Questions About Pedestrian Accidents in New Jersey
How long do I have to file a pedestrian accident lawsuit in New Jersey?
You have two years from the date of your injury to file a lawsuit in New Jersey. This is called the statute of limitations. If you do not file within this timeframe, you lose your right to pursue compensation forever. This is why it is critical to contact an attorney as soon as possible after your accident. We will ensure that all deadlines are met. We will ensure that your case is filed properly.
What damages can I recover in a pedestrian accident case?
You can recover both economic and non-economic damages. Economic damages include medical expenses (past and future), lost wages, rehabilitation costs, and other out-of-pocket expenses. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement. In cases involving permanent injury, non-economic damages can be substantial. Our attorneys will calculate all damages you are entitled to. We fight to recover the full amount.
What if I were partially at fault for the pedestrian accident?
New Jersey’s comparative negligence rule allows you to recover compensation even if you were partially at fault. This applies as long as you were less than 50% responsible for the accident. Your recovery will be reduced by your percentage of fault. Our attorneys will work to minimize any finding of fault against you. We maximize the driver’s liability.
How much is my pedestrian accident case worth?
The value of your case depends on several factors. These include the severity of your injuries, the extent of your medical expenses, your lost wages, the strength of liability, and the insurance coverage available. Cases involving permanent injuries and significant medical expenses are worth more. Cases with lost earning capacity are worth more. In contrast, cases with minor injuries are worth less. We evaluate each case individually and provide clients with a realistic assessment of their case value. We base this on comparable cases and jury verdicts.
Do I need an attorney for my pedestrian accident claim?
Yes. Insurance companies have teams of adjusters and attorneys. Their job is to minimize payouts. Without legal representation, you are at a significant disadvantage. Studies show that injury victims who hire attorneys recover substantially more compensation. Those who represent themselves recover less. An attorney will handle all negotiations. We protect your rights. We ensure you receive fair compensation.
How long does a pedestrian accident case take to resolve?
The timeline depends on the complexity of your case. It depends on the severity of your injuries. It depends on whether liability is disputed. Some cases settle within 6 months. Others take 1-2 years or longer. Cases that go to trial take longer than cases that settle. Our firm is committed to thorough investigation and negotiation. Our lawyers are also prepared to take your case to trial. We do this if the insurance company refuses to offer fair compensation. We will keep you informed throughout the process and discuss all options with you.
Contact Brach Eichler Injury Lawyers for Your Free Pedestrian Accident Consultation
If you have been injured in a pedestrian accident in New Jersey, do not wait to seek legal representation. The statute of limitations is only two years. Evidence can disappear quickly. The sooner you contact an attorney, the sooner we can begin investigating your case. We protect your rights.
Brach Eichler Injury Lawyers offers a free, confidential consultation to discuss your case. During this consultation, our firm will listen to your story. We will answer your questions, explain your legal options, and be honest about the strengths and weaknesses of your case. We provide you with a realistic assessment of what you can expect.
Our team represents pedestrian accident victims on a contingency fee basis. You pay nothing unless we recover compensation for you. There are no upfront costs, no hidden fees, and no financial risk to you. We only succeed when you succeed.
Contact Brach Eichler Injury Lawyers today to schedule your free consultation. Call (973) 364-8300 or visit our website to submit a contact form. We have 8 office locations throughout New Jersey. We are ready to help you recover the compensation you deserve.
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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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