Pedestrian Accident Claims in New Jersey

Drivers must stop and remain stopped for a pedestrian in a marked crosswalk who is on, or within one lane of, the driver's half of the roadway, and must yield to pedestrians in unmarked crosswalks at intersections, except where police or signals control traffic; drivers may not pass a vehicle stopped for a pedestrian. At signals, pedestrians may not cross against the red or 'stop' signal, and drivers must stop for pedestrians crossing on the green. A pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles, and where traffic is not controlled pedestrians must cross in a crosswalk or, if none, at right angles. In a crash in a crosswalk there is a permissive inference that the driver did not use due care; the driver fine for failing to yield is $200.

Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant (or the combined negligence of the defendants); damages are reduced by the injured person's percentage of negligence.

New Jersey is a no-fault (choice) state. Standard liability minimums for policies issued or renewed on or after January 1, 2026 are $35,000 per person and $70,000 per accident for bodily injury (they were $25,000/$50,000 from 2023 through 2025), and $25,000 for property damage. A low-cost basic or special policy may be used instead. Standard policies must include personal injury protection (PIP) medical benefits of up to $250,000 per person regardless of fault. Drivers choose a tort option; under the "limitation on lawsuit" option, a person may sue for noneconomic loss only for death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, or a permanent injury.

Two years. An action for injury to the person caused by the wrongful act, neglect or default of another must be filed within two years after the cause of action accrues.