New Jersey Pedestrian Accident Lawyer
Sanvenero & Cittadino, LLC represents people hurt as pedestrians across Monmouth County, including Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park, and clients in Ocean County, Middlesex County, and throughout New Jersey. A New Jersey pedestrian accident lawyer at our firm handles the claim from the first insurance call through settlement or trial, so injured walkers are not left to argue with an adjuster while they are still in treatment.
Pedestrian cases are different from ordinary car crashes in one painful way: the person on foot has no protection at all. There is no airbag, no crumple zone, and no seatbelt. Injuries tend to be serious, recovery tends to be long, and the other side almost always argues that the walker was somewhere they should not have been or stepped out when they should not have. How that argument is answered decides how much a claim is worth.
Many of these collisions happen on the shore-area roads people walk every day: the crosswalks near downtown Red Bank, the Broadway corridor in Long Branch, the boardwalk crossings and side streets in Asbury Park, and the busy state highways that cut through Middletown, Tinton Falls, and Freehold, where sidewalks end and crosswalks are far apart.
Why Choose Sanvenero & Cittadino, LLC for a Pedestrian Injury Claim
Sanvenero & Cittadino, LLC is a full-service law firm serving individuals, families, and business owners throughout Monmouth, Ocean, and Middlesex Counties. Our personal injury lawyers pursue compensation for medical bills, lost income, and pain and suffering, and they deal directly with insurance companies so clients can focus on getting better. The firm’s personal injury work has produced results, including $400,000 recovered for personal injury clients in just three months.
Joshua Cittadino, Founding Partner, brings experience in personal injury, construction litigation, real estate, employment matters, and business transactions. That breadth matters in pedestrian cases, which often involve a commercial driver, a delivery company, a property owner whose parking lot or walkway was unsafe, or a contractor whose work zone forced people into the roadway. Richard Sanvenero, Managing Partner and a New Jersey Supreme Court Certified Matrimonial Attorney, and Mike Canarick, Of Counsel and a tax and estate planning attorney, add depth when an injury touches a family’s finances, a marriage, or long-term planning. Our attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia, and several have been recognized by Super Lawyers.
Clients tell us what they need most is straight answers. Our team communicates clearly, returns calls, and explains each step in plain terms, which is exactly what someone with a broken pelvis and a stack of medical bills is looking for.
Pedestrian Accident Situations We Handle
- Crosswalk Collisions: A driver turning left or right through a marked crosswalk and striking someone with the walk signal is among the most common fact patterns. Downtown intersections in Red Bank, Long Branch, and Asbury Park see heavy foot traffic, and fault often turns on signal timing, sight lines, and witness accounts.
- Mid-Block and Unmarked Crossings: Walkers hit outside a crosswalk are routinely blamed by insurers. These cases depend on comparative negligence, visibility, speed, and whether the driver was paying attention.
- Parking Lot and Driveway Strikes: Shopping centers along Route 35, Route 36, and Route 9 produce backing-up and low-speed collisions that still cause fractures and head injuries. A property owner’s lighting, layout, and signage can become part of the claim.
- Hit-and-Run Accidents: When the driver leaves the scene, the claim may shift to your own uninsured motorist coverage. Prompt police reports and nearby surveillance footage are often the only way to identify the vehicle.
- Commercial and Delivery Vehicles: Trucks, delivery vans, buses, and rideshare cars bring employers, fleet insurers, and sometimes multiple defendants into the case.
- Dark-Road and Rural Stretches: Roads in Colts Neck, Holmdel, and parts of Freehold have limited lighting and few sidewalks, and evening walkers, runners, and cyclists are vulnerable.
- Government Roadway Defects: Broken sidewalks, poorly designed crossings, malfunctioning signals, and missing signage can implicate a town, county, or the state, which triggers special notice rules.
- Wrongful Death: When a pedestrian dies, surviving family members may bring a wrongful death claim with its own filing deadline.
What to Do After You Have Been Struck While Walking
Get medical care first, even if you feel mobile. Adrenaline hides fractures, concussions, and internal injuries, and a gap between the crash and your first treatment gives an insurer room to argue the injury came from somewhere else. Hospitals and urgent care centers in Monmouth County, including those serving Red Bank, Long Branch, and Freehold, create the records your claim will rest on. Follow every referral and keep every appointment.
Call the police and make sure a report is filed with the local department where the crash occurred, whether that is Red Bank, Middletown, Tinton Falls, Long Branch, Asbury Park, or a township or borough elsewhere. Ask for the report number. If you can, photograph the crosswalk, the signals, skid marks, your clothing, and your injuries, and get names and numbers for witnesses. In a hit-and-run, note anything about the vehicle and ask nearby businesses to preserve camera footage right away, since many systems overwrite within days.
Be careful with the other driver’s insurance company. Adjusters often call within a day or two, sounding sympathetic, and ask for a recorded statement. Anything you say about where you were walking, whether you looked, or how you feel can be used to shift blame. You can decline until you have talked to a lawyer. Do not sign releases or accept a quick check before you know the full extent of your injuries.
Deadlines matter. A personal injury lawsuit in New Jersey generally must be filed within two years of the date the claim accrued, and a wrongful death action within two years of the date of death. Property damage claims have a six-year window. If a government entity may share responsibility, such as a town with a defective sidewalk or a public vehicle, a notice of claim must be served within 90 days, a deadline far shorter than the lawsuit deadline and one that is easy to miss. Cases that reach court are filed in the Superior Court in the county where the claim belongs, which for much of our area means the Monmouth County Courthouse in Freehold or the Ocean County Courthouse in Toms River.
Fault, Comparative Negligence, and How Insurers Value Pedestrian Claims
New Jersey follows a comparative negligence rule. You can recover as long as your share of fault is not greater than the share of the party you are seeking recovery from, meaning you cannot be more than 50 percent at fault. If you are found partly responsible, your damages are reduced by your percentage. A walker found 20 percent at fault recovers 80 percent of the award, and a walker found more than 50 percent at fault recovers nothing. That is why insurers push so hard to assign blame to the pedestrian, and why every percentage point carries real money.
Proving the driver’s fault takes evidence: the police report, witness statements, traffic and surveillance video, signal timing records, vehicle data, phone records where distraction is suspected, and medical documentation connecting the injuries to the impact. In cases involving a trucking company or employer, we look at driver training, hours, and vehicle maintenance. When a property owner or public entity contributed to the danger, we examine maintenance records and design issues that put the walker in harm’s way.
Damages in pedestrian cases are usually substantial because the injuries are. Compensation can include current and future medical expenses, lost wages and lost earning capacity, rehabilitation, and pain and suffering. Fractures, spinal injuries, traumatic brain injuries, and surgeries mean long recoveries, and a fair claim has to account for care that may continue long after a settlement offer arrives. Settling before treatment has plateaued is one of the most common and costly mistakes.
Questions About New Jersey Pedestrian Accident Claims
How long do I have to file a pedestrian accident lawsuit in New Jersey?
A personal injury lawsuit generally must be filed within two years of the date the claim accrued. A wrongful death action must be filed within two years of the date of death, with limited exceptions. Property damage claims have six years. Waiting rarely helps, since evidence disappears and witnesses become hard to find.
What if I was not in a crosswalk when I was hit?
You may still have a valid claim. Being outside a crosswalk is one factor in the fault analysis, but drivers are still expected to keep a proper lookout and control their speed. Under comparative negligence, you can recover so long as your fault is not greater than 50 percent, though your award will be reduced by your share.
What happens if the driver who hit me left the scene?
Report the crash to police immediately and gather any detail about the vehicle. If the driver cannot be identified, your own uninsured motorist coverage may respond, depending on your policy. Surveillance footage from nearby businesses and homes is time-sensitive, so request preservation quickly.
Do I need to give a recorded statement to the other driver’s insurer?
No. You are generally not obligated to speak with the other side’s insurance company, and early statements are frequently used to minimize or deny claims. It is usually wiser to speak with a lawyer before giving one.
Who pays my medical bills while the claim is pending?
Often your own health insurance pays first, and your auto policy’s personal injury protection coverage may apply depending on your situation and coverage choices. Providers and insurers may later seek reimbursement from a settlement, which is one reason a lawyer should review liens before any money is distributed.
Can I still recover if I was partly at fault?
Yes, as long as your fault does not exceed 50 percent. Your damages are then reduced by your percentage of responsibility. If you are found more than 50 percent at fault, New Jersey law bars recovery.
What if a pothole, broken sidewalk, or bad signal contributed to my fall or crash?
A government entity may share responsibility, but claims against public bodies require a notice of claim within 90 days, and additional rules apply. Missing that deadline can end the claim, so contact a lawyer promptly if a public road or sidewalk condition played a role.
Is it worth hiring a lawyer for a pedestrian injury that seems minor?
Often yes. Soft tissue and head injuries can worsen over weeks, and early settlement offers tend to ignore future treatment. A consultation lets you understand your options before you sign anything, and it costs nothing to ask.
Can I bring a claim if my family member was killed as a pedestrian?
Yes. A wrongful death claim can be brought on behalf of the surviving family, generally within two years of the date of death. A narrow exception removes the time limit in certain cases where the death resulted from murder or manslaughter and the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent.
How long does a pedestrian accident case take?
It depends on the severity of the injuries, how clearly fault is established, and whether the insurer negotiates in good faith. Cases usually should not be resolved until you have reached maximum medical improvement or your doctors can project future care. Cases that go to suit in Superior Court take longer than those that settle in negotiation.
What if the pedestrian accident also affects my divorce, support, or business?
A serious injury can change income, earning capacity, and household finances, and it may affect support obligations or a business you run. Because our firm also handles family law, business law, and estate planning, we can coordinate those issues rather than leaving you to piece together separate firms.
Serving Pedestrian Injury Clients Across Monmouth, Ocean, and Middlesex Counties
Our work for injured pedestrians begins in Monmouth County, in Red Bank, Shrewsbury, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park, and extends to neighboring shore communities throughout the county. We also represent clients in Ocean County, including Toms River, and in Middlesex County, along with injured walkers elsewhere across New Jersey. Whether the collision happened at a downtown crosswalk, along a state highway, or in a shopping center lot, we handle the claim with the same attention to the evidence and to the full cost of the injury.
Speak With a New Jersey Pedestrian Accident Attorney
If you or a family member was struck while on foot, a New Jersey pedestrian accident attorney at Sanvenero & Cittadino, LLC can review what happened, explain the deadlines that apply, and tell you honestly what the claim may be worth. Call our team to schedule a consultation. The sooner we start, the more evidence we can preserve and the more options you will have.