At The Law Offices of Sander Budanitsky, L.L.C., we understand how overwhelming and life-changing a pedestrian accident can be. When someone on foot is struck by a vehicle, the consequences are often severe, both physically and emotionally. Our team has worked with pedestrians and their families throughout Westfield and Union County, and we know firsthand how difficult the aftermath can be.
We approach each case with compassion, drawing on our experience to guide people through the unique challenges these accidents present. From sorting out medical care to understanding how insurance rules apply, we take the time to explain every step in plain language. Our attorneys work together to investigate the facts, answer complex legal questions, and ensure nothing gets overlooked as we build a strong claim for our clients.
Every situation is different, and we believe in open communication and a hands-on approach. If you or a loved one has been hit as a pedestrian, our team is here to listen and help you understand your legal options. Reach out to us today to start a conversation about your situation and learn how we can support you moving forward.
Whether the verbal threshold limits your pain-and-suffering claim depends on your own auto insurance, not on whether you were in a car. If you, or a spouse or parent you live with, carry a New Jersey policy with the limitation on lawsuit option (the default if no option was chosen), that limitation applies to you as a pedestrian. You must then show one of the six injury categories in N.J.S.A. 39:6A-8(a), supported by a physician's certification. If no household policy applies to you, the threshold generally does not.
This distinction is important because the threshold is often a central issue for car occupants. For pedestrians, your eligibility to recover for pain and suffering is directly linked to the tort option on your own, or a household member’s, policy. If you are bound by the limitation, you must prove a qualifying extent of the personal injury; if you are not, you may pursue noneconomic damages more broadly. Understanding which applies to you is crucial in building your claim and avoiding costly mistakes.
Does the verbal threshold limit a pedestrian's claim in New Jersey?
It depends on your household’s auto insurance choices, not just your status as a pedestrian. If you or a family member you live with has the limitation on lawsuit option, it applies even if you were not in a car at the time. Because your own PIP coverage typically pays first, the threshold is triggered by your relationship to that policy, not by vehicle ownership or use. This makes it essential to determine your coverage details early in the process.
Westfield's walkable downtown puts people on foot in close contact with traffic, and certain settings recur. The area around the NJ Transit train station on North Avenue is a documented concern: a member of the town council publicly warned about safety risks to pedestrians crossing North Avenue in front of the station, citing poor signage and traffic flow. Where commuters cross busy roads to reach trains and buses, the risk of a pedestrian being struck is real.
The downtown shopping district adds its own exposure. Quimby Street and East Broad Street draw foot traffic that mixes with turning vehicles, delivery trucks, and cars maneuvering for parking, and a Westfield car accident in which a driver turns across a crosswalk or pulls from a space can strike a pedestrian who had the right of way. Identifying exactly how and where a pedestrian was struck, at a station crossing, a downtown crosswalk, or a residential intersection, is the starting point for establishing the driver's fault.
Under N.J.S.A. 39:4-36, drivers must stop and stay stopped for pedestrians in marked crosswalks and yield at unmarked crosswalks at intersections. When a driver strikes a pedestrian in either one, the jury may infer the driver failed to use due care. A pedestrian crossing elsewhere must yield to traffic, but the driver's duty of due care still applies. A driver who fails to yield in a crosswalk, turns without watching for people on foot, or drives inattentively through an area with foot traffic breaches that duty, and the violation is often central to the pedestrian's claim.
The duty is not limited to marked crosswalks. Drivers must exercise reasonable care for pedestrians everywhere, and a pedestrian struck outside a crosswalk may still recover, with the comparative-fault rule accounting for each party's share. Establishing that the driver failed in the duty the law imposes, whether by failing to yield in a crosswalk or by driving without due care, is the heart of proving a pedestrian claim.
Drivers and their insurers frequently argue that the pedestrian was at fault for crossing outside a crosswalk, against a signal, or without looking, and New Jersey's 51 percent bar under N.J.S.A. 2A:15-5.1 is the framework for that contest. A pedestrian recovers as long as their share of fault is not more than fifty percent, with the recovery reduced by that share, and is barred only at fifty-one percent or more.
This makes the reconstruction of how the crash happened important, because the insurer's effort to shift blame is answered by objective evidence: the point of impact, the vehicle damage, any video, and witness accounts. A child's conduct, in particular, is judged very differently from an adult's, reflecting a child's limited ability to gauge traffic. Establishing the driver's primary responsibility, and rebutting an overstated claim of pedestrian fault, is often decisive in these cases.
A pedestrian has nothing between their body and the vehicle, and the injuries reflect that exposure. Even a relatively low-speed impact can cause fractures, head injuries, and internal harm, and a higher-speed strike often produces traumatic brain injury, spinal damage, multiple fractures, and other catastrophic outcomes. The severity is one reason pedestrian claims warrant careful handling from the start.
If you are not bound by the verbal threshold, your claim for pain and suffering is not limited by the statutory categories that apply to drivers. However, if the threshold does apply based on your household’s policy, you must provide proof that your injuries meet one of the six categories. In either scenario, thorough medical documentation is essential to establish the full scope and future impact of your injuries.
Injured pedestrians in Westfield may be taken to Robert Wood Johnson University Hospital Rahway, about five miles away, for emergency care. Serious trauma goes to University Hospital in Newark, the state-designated Level I trauma center for northern New Jersey and the nearest designated trauma center to Westfield, about 13 miles away. Capturing the complete picture of the injury, including its permanent effects and future cost, is essential to valuing a pedestrian claim accurately.
A troubling number of pedestrian crashes are hit-and-runs, where the driver flees and may not be immediately identified. This does not necessarily leave the injured pedestrian without recourse. Uninsured motorist (UM) coverage, available through the pedestrian's own auto policy or sometimes a household member's, can respond when the at-fault driver cannot be identified, functioning as a source of recovery in place of the missing driver.
Basic auto policies do not include uninsured motorist coverage. If no UM coverage is available, the Unsatisfied Claim and Judgment Fund may cover a hit-and-run injury, but a notice of intention must generally be filed within 180 days (N.J.S.A. 39:6-65), and you must show reasonable efforts were made to identify the driver.
Identifying the driver after the fact is also often possible. Video from nearby businesses, traffic cameras, or doorbell cameras, along with witness accounts and physical evidence from the scene, can lead to identification, but this evidence is perishable and disappears quickly.
A prompt effort to canvass for video and witnesses is frequently what makes identification possible, which is one more reason acting quickly matters after a pedestrian is struck. Where the driver remains unknown despite that effort, the uninsured motorist claim becomes the principal path to recovery for the injured pedestrian.
Two groups face particular risk as pedestrians, and their claims carry specific considerations. Children may dart into the road, misjudge traffic, or be difficult for drivers to see, and the law accounts for this: a young child's conduct is evaluated against what can reasonably be expected of a child that age, not an adult, in the comparative-fault analysis. Drivers are expected to anticipate the presence of children near schools, parks, and residential streets.
Older pedestrians face risks of their own, including slower crossing speeds and a greater likelihood that an impact causes serious injury. In both cases, a driver's duty to exercise due care is heightened by the foreseeable presence of vulnerable pedestrians in places like the downtown district, the area around Mindowaskin Park where people walk and ride a bicycle accident, and residential neighborhoods.
If the injured pedestrian is under 18, the two-year filing period generally does not begin until the child turns 18 (N.J.S.A. 2A:14-21), and a minor's Tort Claims Act deadlines are tolled the same way (N.J.S.A. 59:8-8). Evidence does not wait, though, so acting early still matters. Recognizing how a person's age affects both the risk of being struck and the comparative-fault analysis that follows is part of handling these claims accurately and fairly.
The evidence that establishes a driver's fault in a pedestrian case is often abundant at first and gone within days. The physical scene, the point of impact, the vehicle's resting position, and any debris tell part of the story, and photographs taken promptly preserve it. Video is frequently the most powerful evidence, because the downtown district and the station area are covered by business and municipal cameras, but that footage is routinely overwritten within a week or two.
Witnesses are especially valuable in pedestrian cases, since the crash often turns on who had the right of way and whether the driver was attentive, and their accounts fade with time. The official crash report, the driver's statements, and the medical records documenting the injury complete the picture. Because so much of this evidence is perishable, a prompt effort to gather video, identify witnesses, and document the scene is frequently what allows a fair reconstruction of how a pedestrian was struck.
A point of frequent confusion is who pays a pedestrian's medical bills, and New Jersey's no-fault system supplies an answer that surprises many people. If you have your own New Jersey auto policy, or live with a relative who does, that policy's PIP pays your medical bills first. If no household policy applies and a private passenger car struck you, PIP benefits come from the Unsatisfied Claim and Judgment Fund, administered by the New Jersey Property-Liability Insurance Guaranty Association, and notice must be given within two years. If a commercial vehicle struck you, its insurer's PIP generally responds.
This means a pedestrian's medical bills are often handled early through PIP, regardless of who was at fault, while the claim against the at-fault driver addresses the broader losses, including the pain-and-suffering damages the pedestrian is generally free to pursue. Understanding this division, PIP for early medical bills and the liability claim for the full harm, helps an injured pedestrian see how the pieces fit together and why the unrestricted right to pursue the driver matters so much.
The most common defense in a pedestrian case is that the pedestrian, not the driver, caused the crash, and recognizing this tactic helps an injured person respond. The insurer will often assert that the pedestrian crossed against a signal, stepped out from between parked cars, crossed outside a crosswalk, or was distracted, each argument aimed at assigning enough fault to reduce or eliminate the recovery under the 51 percent bar.
Answering this depends on the objective evidence of how the crash happened and on the driver's own duty of due care. Even where a pedestrian bears some fault, the driver's obligation to watch for and avoid pedestrians often keeps the driver primarily responsible, and a child's conduct is judged by a more forgiving standard. The reconstruction of the crash, supported by video, the point of impact, and witness accounts, is what rebuts an overstated claim of pedestrian fault and protects the recovery.
The steps taken after a pedestrian crash protect both health and the claim, though serious injuries often make this impossible for the injured person at the scene. Medical attention comes first, both to treat the injury and to create the record that ties it to the collision. Ensuring the police respond and document the scene creates an official account, and getting the driver's information is important, especially given the risk of a hit-and-run.
Where someone is able, photographing the scene and any visible injuries, noting nearby cameras that may have captured the crash, and collecting the names of witnesses preserves evidence that disappears quickly.
Being cautious about recorded statements and early settlement offers from the driver's insurer protects the claim, as does recognizing that the two-year deadline is running. If a pedestrian is killed, the family's wrongful death claim generally must be filed within two years of the date of death (N.J.S.A. 2A:31-3). Because video and witness memory fade fast, acting promptly, or having someone act on the injured pedestrian's behalf, is what preserves the proof of fault.
Claims against a town, county, or the State over road conditions are narrow. Public entities are generally immune for injuries caused by an approved roadway design (N.J.S.A. 59:4-6) and for failing to provide ordinary traffic signals, signs, or markings (N.J.S.A. 59:4-5). Liability can still arise from a dangerous condition of public property or a failure to warn of a hidden hazard (N.J.S.A. 59:4-2, 59:4-4).
Pain-and-suffering damages against a public entity require a permanent loss of bodily function, permanent disfigurement, or dismemberment, plus more than $3,600 in medical expenses (N.J.S.A. 59:9-2(d)). The documented concern about signage and traffic flow at the North Avenue station crossing, a state highway, shows why it is important to analyze potential immunities and thresholds before pursuing a claim.
In other cases, more than one driver is involved, or a commercial vehicle and its operator are responsible. New Jersey's allocation rule, N.J.S.A. 2A:15-5.3, divides responsibility among the parties found at fault, allowing full recovery from any party sixty percent or more responsible. Because a serious pedestrian injury can exceed the coverage available from one source, and because a public-entity claim carries a short deadline, identifying every responsible party early is an important part of building the claim.
The driver's insurer approaches a pedestrian claim with the goal of paying as little as possible, and its methods follow a pattern. It will commonly dispute fault, arguing the pedestrian crossed carelessly or unexpectedly, and dispute the injury, suggesting it is less serious than claimed or unrelated to the crash. It may seek a recorded statement early and extend a settlement offer before the full injury is understood.
None of this is improper on its face, but it is adverse to the injured pedestrian. Depending on your household’s insurance situation, you may or may not be limited by the verbal threshold. Insurers may argue the threshold applies when your own or a resident relative’s policy includes the limitation. Regardless, objective evidence of how the crash happened, including video and witness accounts where available, and thorough medical documentation of the injury and its future course are critical to the outcome of your claim.
Traffic crash statistics from 2025 show that Union County experienced 29 fatalities and over 4,900 injury crashes, with Westfield itself recording one traffic death and 104 injury crashes (NJDOT crash data). While the laws that govern pedestrian accident claims are statewide, every case is rooted in a particular place and shaped by its local realities.
Our team’s understanding of Westfield’s streets, intersections, and traffic patterns helps us pinpoint where and how these incidents occur. We’re familiar with well-known risk areas, such as the North Avenue train station crossing, the busy Quimby Street and East Broad Street corridors, and other local spots where pedestrians and vehicles frequently cross paths. This insight allows us to anticipate the arguments insurers and defendants may raise and to present a detailed, credible account of the crash.
We also know the institutions that matter in a serious case: Robert Wood Johnson University Hospital Rahway for emergency care, University Hospital in Newark for trauma cases, and the Union County Courthouse in Elizabeth for litigation. By combining a command of New Jersey law with a deep understanding of Westfield’s unique risks and resources, our team is able to give each claim the attention and local knowledge it deserves.
A pedestrian’s claim sits at a unique intersection of New Jersey’s auto-insurance rules. Your own or a household member’s PIP coverage typically pays initial medical bills, whether or not you were in a car. But the verbal threshold may still apply to you as a pedestrian, depending on your or your household’s policy election. The limitation on lawsuit option follows the person—not merely the use or ownership of a vehicle. Failing to recognize this could result in missing the permanency proof required for certain claims.
The result depends on your insurance relationship and, if a public entity is involved, on additional statutory restrictions. If you are not subject to the verbal threshold, you may pursue the at-fault driver for the full range of damages.
If you are subject to the limitation, or if your claim is against a public entity, you must meet specific statutory injury requirements. Understanding your policy details, and those of your household, as well as the role of public entity immunities and thresholds, is critical to building a successful claim and protecting your right to non-economic damages.
It depends on your own or your household’s auto insurance policy. If you or a resident family member have elected the limitation on lawsuit option, the threshold applies even if you were not inside a vehicle. If you are not covered by such a policy, you are generally not bound by the threshold.
If you have your own New Jersey auto policy, or live with a relative who does, that policy’s PIP pays first. If you have no household coverage and a private passenger car struck you, PIP benefits come from the Unsatisfied Claim and Judgment Fund, administered by the New Jersey Property-Liability Insurance Guaranty Association, and notice must be given within two years. If a commercial vehicle struck you, its insurer’s PIP generally responds. The at-fault driver’s liability coverage then addresses your broader losses.
Possibly. You can recover as long as your share of fault is not more than fifty percent, though crossing outside a crosswalk may reduce your recovery.
A hit-and-run may be covered by uninsured motorist coverage, and identifying the driver through video or witnesses can also be possible. Prompt action helps.
Generally, two years from the crash under N.J.S.A. 2A:14-2. A claim against a public entity, such as NJ Transit or the government responsible for a road, requires written notice within 90 days (N.J.S.A. 59:8-8). A judge may allow late notice up to one year after the crash only for extraordinary circumstances (N.J.S.A. 59:8-9), and suit must still be filed within two years.
A first conversation about what happened costs nothing, and because evidence such as video fades quickly and the two-year deadline is running, there is little reason to wait. You can contact the firm to talk through the crash and how the rules above apply to your situation.
The Law Offices of Sander Budanitsky, L.L.C. represents pedestrians injured throughout Westfield and Union County, with staff who speak Spanish, Russian, and other languages spoken across the community. Attorney Sander Budanitsky has represented injured New Jersey clients since 1996 and is admitted in both New Jersey and Pennsylvania.
Last reviewed: June 2026. This page was reviewed by Sander Budanitsky, licensed in New Jersey since 1996. It is provided for general information and is not legal advice. Consult a licensed New Jersey attorney for guidance specific to your situation.
Call us today at 908-241-3445 today and start your legal journey towards recovery.
The Law Offices of Sander Budanitsky, L.L.C. welcomes calls from potential clients and from attorneys looking to refer or co-counsel a matter. Whether it is an injury claim, a civil dispute, a criminal charge, or an immigration question, the first conversation is free and there is no obligation to hire the firm afterward.
Call the Roselle, New Jersey office at (908) 241-3445 or the Philadelphia, Pennsylvania office at (215) 545-2300. You can also send the details through the contact form and someone from the office will get back to you. Calls are answered 24 hours a day, 7 days a week.
