Pedestrian Accident Attorney in New Jersey and New York

Pedestrians struck by vehicles have no metal frame around them, no seatbelt, and no airbag. The injuries are almost always severe. Broken bones, traumatic brain injuries, spinal cord damage, and internal injuries are common outcomes even at low vehicle speeds. New Jersey and New York are among the most dangerous states in the country for pedestrian safety, and the legal path to compensation after a pedestrian accident is more complicated than most victims expect. Thai Nguyen Law fights for pedestrian accident victims across New Jersey and New York.

How Pedestrian Accident Claims Work in New Jersey and New York

New Jersey’s no-fault insurance system creates an unusual dynamic for pedestrian accident claims. Unlike most states, New Jersey extends Personal Injury Protection (PIP) coverage to pedestrians struck by motor vehicles. If you were hit by a car and you are a named insured or household member under a New Jersey auto policy, your own PIP coverage may apply to your initial medical expenses. If you do not have auto insurance, the driver’s PIP policy may cover you, or you may have access to the New Jersey Property-Liability Insurance Guaranty Association in certain uninsured scenarios.

PIP coverage alone is almost never enough for serious pedestrian injuries. Once PIP limits are exhausted, the path forward is a third-party liability claim against the at-fault driver. To pursue that claim, your injuries must meet the serious injury threshold under N.J.S.A. 39:6A-8. Serious injury in New Jersey includes dismemberment, significant disfigurement, displaced fractures, loss of a fetus, permanent injury, and death. Given the severity of most pedestrian accidents, the threshold is frequently met, but documenting it properly from the start is what turns a valid claim into a successful one.

New York follows a similar framework. Pedestrians in New York can access the driver’s no-fault Personal Injury Protection coverage for medical expenses up to $50,000. To step outside no-fault and pursue a direct claim against the driver, the pedestrian must satisfy New York’s serious injury threshold under Insurance Law Section 5102(d), which includes fractures, significant disfigurement, permanent limitation of use of a body organ or member, and a 90/180-day disability. Attorney Nguyen builds the medical documentation that satisfies these thresholds and supports maximum recovery.

Where Pedestrian Accidents Most Often Happen in New Jersey and New York

The highest concentrations of pedestrian accidents in New Jersey occur in urban corridors with heavy foot traffic and complex intersections: Newark, Jersey City, Paterson, Elizabeth, and the Route 1 and Route 9 corridors through Middlesex and Union Counties. In New York, pedestrian accidents are densest in Manhattan, the outer borough commercial districts, and along major arterials in Brooklyn and Queens. Common scenarios include drivers failing to yield at crosswalks, right-turn-on-red violations that strike pedestrians legally crossing, distracted driving, and speeding in school zones or residential areas. When road design or signal timing contributes to a crash, municipal liability may also apply.

How Thai Nguyen Law Handles Pedestrian Accident Cases

Pedestrian accident cases require fast action for the same reason all serious accident cases do: evidence disappears. Surveillance footage from businesses and traffic cameras gets overwritten within days. Skid marks fade. Witnesses move on. We move immediately to preserve everything that documents how the crash happened and who was responsible. We also manage all contact with insurance companies so that nothing you say in the immediate aftermath of a traumatic event is used to reduce what you recover.

Our approach to pedestrian accident cases includes:

  • Immediate requests for surveillance footage from traffic cameras, nearby businesses, and any dashcams
  • Accident scene investigation including crosswalk conditions, signal timing, and sight line analysis
  • PIP coverage analysis and coordination to ensure all available first-party benefits are accessed
  • Medical documentation to satisfy the serious injury threshold and capture long-term care needs
  • Demand package preparation covering economic and non-economic damages, including future losses
  • Filing suit in New Jersey or New York courts when a fair settlement cannot be reached

When a Municipality May Share Liability for a Pedestrian Accident

Not every pedestrian accident is solely the driver’s fault. Poorly designed intersections, malfunctioning traffic signals, inadequate crosswalk markings, missing or obscured signage, and road surfaces in a state of disrepair can all contribute to a pedestrian being struck. When a government entity is responsible for the dangerous condition, a separate claim against the municipality is possible. In New Jersey, this requires a Notice of Claim within 90 days under the Tort Claims Act. In New York, the same 90-day requirement applies under General Municipal Law Section 50-e, with the added requirement of prior written notice for certain roadway defect claims. Attorney Nguyen evaluates both the driver and the roadway as potential sources of liability in every pedestrian case.

What to Expect Working With Us

  • 01 – Free Case Review — We evaluate your case at no cost, identify all applicable insurance coverage, and explain the specific deadlines that apply. No fees unless we win.
  • 02 – Evidence Preservation — We move immediately to request surveillance footage, document scene conditions, and contact witnesses before the evidence trail goes cold.
  • 03 – Medical Documentation and Threshold Analysis — We work with your medical providers to document injuries in a way that satisfies the serious injury threshold and fully captures the long-term impact on your life.
  • 04 – Demand, Negotiation, or Trial — We build a comprehensive demand and negotiate from strength. If the insurer or municipality refuses fair value, we take the case to court.

Why Choose Thai Nguyen Law?

As a refugee from Vietnam now attorney in the United States, Attorney Nguyen understands what it means to be in a vulnerable position and need someone to fight on your behalf. Pedestrian accident victims are among the most seriously injured people his firm represents. They are often unable to work, facing mounting medical bills, and dealing with an insurance system that was not designed to make their recovery easy. Thai Nguyen Law was built to be the answer to exactly that situation.

Thai Nguyen’s journey from immigrant to attorney in the United States — from refugee to immigrant to practicing lawyer — gives him a perspective that most attorneys simply do not have. He knows what it means to navigate a complex system without a guide. His clients do not navigate it alone. Thai Nguyen Law serves New Jersey and New York and handles serious cases nationwide. Services are available in English, Vietnamese, and Spanish.

  • No fees unless we win — No upfront cost, ever
  • Free consultation — Understand your rights before making any decisions
  • Multilingual service — English, Vietnamese, and Spanish
  • Award-winning representation — Recognized for results that make a real difference

Frequently Asked Questions

Jaywalking does not forfeit your right to compensation. New Jersey’s modified comparative negligence rule means your recovery is reduced by your percentage of fault, but you can still collect as long as you are not more than 50 percent responsible for the crash. A pedestrian crossing mid-block may bear some fault, but a driver who was speeding, distracted, or failed to take reasonable evasive action carries significant fault as well. The allocation of fault between the parties is a factual question, not a foregone conclusion. Insurance adjusters routinely try to pin maximum fault on the pedestrian. Attorney Nguyen challenges that tactic with evidence and legal argument.

Get medical attention first, even if you feel you can walk away from the scene. Adrenaline masks pain, and injuries like traumatic brain injuries and internal bleeding are not always immediately apparent. Call the police so there is an official report. Get the driver’s name, license plate, insurance information, and contact details for any witnesses. If you are physically able, photograph the scene, your injuries, the vehicle, and any skid marks or road conditions. Do not give a recorded statement to the driver’s insurance company before speaking with an attorney. That recorded statement will be used in whatever way most benefits the insurer, not you.

The statute of limitations for personal injury claims in New Jersey is two years from the date of the accident under N.J.S.A. 2A:14-2. In New York the standard deadline is three years for most personal injury claims. If a municipality or government entity bears any responsibility, the 90-day Notice of Claim requirement applies in both states and is a hard deadline. For pedestrian cases involving serious injuries, the practical pressure to act quickly is even greater: medical bills accumulate fast, lost income compounds, and the evidence that supports your case deteriorates with every passing day. Contact Attorney Nguyen as soon as you are medically stable.

An uninsured driver does not end your case. Several avenues remain open. If you or a household member has an auto insurance policy in New Jersey, the uninsured motorist (UM) coverage on that policy can apply to your injuries as a pedestrian. New Jersey requires insurers to offer UM coverage, and it extends to household members struck as pedestrians in most standard policy forms. If no household policy exists, New Jersey’s Property-Liability Insurance Guaranty Association may provide a last-resort avenue in certain circumstances. Attorney Nguyen analyzes every available source of recovery before any conclusion is drawn about what the case is worth.

Struck by a Vehicle? Call Thai Nguyen Law Today.

Pedestrian accident victims in New Jersey and New York deserve aggressive, experienced representation. The injuries are serious, the deadlines are strict, and the insurance companies move fast. Call Thai Nguyen Law for a free, confidential consultation. No upfront fees. No costs unless we win.

Call or text: 201-566-1604 | Free Consultation | No Fees Unless We Win