Walking is an everyday activity in Newark. In crowded business districts, college campuses, and large transportation centers such as Newark Penn Station, individuals tend to walk rather than drive.
To a large extent, these streets are pedestrian friendly, yet accidents do occur, particularly along high-speed routes such as McCarter Highway, Market Street, and South Orange Avenue.
And when a car hits a pedestrian, the injuries are usually severe and the person is left with a medical bill, lost time at work and much uncertainty.
At such a time, in fact, you do not need to go through the recovery process or negotiate with an insurance company yourself. Adjusters are quick to respond to a crash, and they give statements of concern, but in the process, they safeguard their bottom line.
That is where the right legal team comes in. At the Law Offices of Peter Briskin, P.C., we know how overwhelming a pedestrian accident can be, and we do not consider every injured person as a case number.
Having over 25 years of experience and millions of dollars recovered on behalf of our clients in Newark and Essex County, our firm is ready to help you know your rights, defend your rights, and seek fair compensation at each stage of the process.
Newark is a walking city, that is one of the reasons why it is a convenient place to live, work, or study. However, congested intersections, particularly in the Broad Street, Market Street and McCarter Highway, present circumstances where vehicles and pedestrians travel in close proximity.
A pedestrian is not physically protected when a driver runs over a light or does not stop. Even a moderate speed vehicle can cause injuries that alter the life of a person in a matter of seconds.
Such crashes are frequent in the same locations where we observe other roadway accidents in Newark, and the trends are seldom unexpected by us anymore.
A driver is distracted, over speeding or just not attentive. A pedestrian is already walking with the signal or crossing a crosswalk.
The outcome is shocking, agonizing, and dizzying. Most individuals are left with hospital visits, lost working time and a lengthy healing process that begins even before they have time to even think about what has happened.
After the shock, the majority of injured pedestrians have to cope with the second challenge, which is the days that follow.
There are police reports, insurance calls, medical appointments, and questions about liability all at the same time. It is easy to be confused about what actions are the most important or when to seek assistance.
The high traffic, narrow crossroads, and high pedestrian traffic of Newark make the cases unique and the presence of a person who knows the local terrain can be a real difference.
A lot of these concerns also appear in other car cases, especially when insurance companies try to settle quickly or limit their responsibility.
In New Jersey, you may still be eligible to recover compensation. These decisions depend on the specific circumstances, not just where you were standing.
Pedestrian accidents in Newark happen due to different reasons and majority of them are as a result of simple negligence by the drivers.
Close calls between pedestrians and vehicles occur frequently in areas with high pedestrian traffic such as the streets surrounding Rutgers University Newark, NJIT, and the busy streets near Military Park and the Gateway Center.
The consequences of drivers driving at high speed at the intersection or not paying attention to people crossing the road can be disastrous.
One of the major causes is distracted driving. A driver looking at a phone on Central Avenue, setting the navigation on Clinton Avenue, or driving too fast on Newark Penn Station might miss the fact that someone is already in the crosswalk.
Even in such neighborhoods as University Heights or the Ironbound where people are always going back and forth between shops, restaurants, bus stops, and campus buildings, a lapse of attention can result in a severe crash.
In most of the Newark pedestrian accidents, weather is also a major factor. The rain or snow in the area of the Branch Brook Park, low visibility in the areas of the Newark Light Rail stations, or poorly lit blocks around Bloomfield Avenue complicate the ability of the drivers to notice pedestrians in time.
Although weather does not absolve a driver of his or her duty, it tends to justify the high number of collisions during colder seasons or in regions with poor street lighting.
The other common trend is the turning of vehicles. Numerous accidents happen when the drivers turn left or right at the Newark Municipal Court or Essex County Hall of Records and do not see a pedestrian who has already crossed the road with the signal.
This occurs frequently in congested places such as Broad Street and Raymond Boulevard where people can turn quickly and have more than one lane and fail to notice a person walking in their path.
It is the legal duty of drivers to look out properly. The mere fact that they did not see someone hardly ever eliminates their liability.
Weather may be the reason why the accident occurred, but it does not absolve a driver of the responsibility of driving his or her vehicle safely. Courts and insurers continue to consider whether the driver was reasonable or not.
One of the most significant things to do after a pedestrian accident in Newark is to know your legal rights. In fact, the majority of the population is unaware of the numerous safeguards the New Jersey law provides to injured pedestrians, particularly in a city with a high pedestrian flow, roads with high speed such as Raymond Boulevard, and crowded public safety zones around the Newark Police Department headquarters.
You are not supposed to know the law during a crisis situation, but being aware of the fundamentals will assist you to make errors that may compromise your claim in the future.
New Jersey is a modified comparative negligence state, which implies that you can still receive compensation even when you were partially at fault, provided that you were not more than 50 percent to blame.
This is significant since most pedestrians believe that they are deprived of their rights when they were not in a crosswalk or when the driver says that they appeared out of nowhere. The fact is that such cases are based on the entire situation, traffic lights, driver actions, visibility, and road conditions in such places as University Hospital, Newark Beth Israel, or the campus area of NJIT.
Time limits also matter. In most pedestrian accident claims, you have two years from the date of the incident to file a lawsuit.
But when a city vehicle, Newark Police cruiser, sanitation truck, or NJ Transit bus is involved, a Tort Claims Notice must often be filed within just 90 days. Missing this deadline can prevent you from seeking compensation, which is why early legal guidance is critical. Similar timing issues often come up in other injury cases.
The right to seek compensation on various types of loss, medical expenses, lost earnings, pain and suffering, emotional distress, and long term medical care such as physical therapy or rehabilitation are also included in your rights.
A significant number of pedestrians need continuous care in the hospitals like the Saint Michael Medical Center or outpatient clinics across the Washington Street and the downtown medical district.
Seeking medical care immediately after a pedestrian accident is not only advisable, but it is also one of the most crucial actions that you can take to safeguard your health and your legal rights.
Emergency responders are usually fast in responding to an incident like a collision in a city like Newark where collisions are common along high-traffic routes like Broad Street Station, University Heights, or the Gateway Center district. Nevertheless, most injured pedestrians attempt to walk off or postpone treatment without understanding the severity of some injuries until days later.
Any pedestrian accident case is based on medical records. They record the extent of your injuries, relate your injuries to the accident, and demonstrate the course of your treatment.
University Hospital, Saint Michael’s Medical Center, and Newark Beth Israel Medical Center are some of the facilities that regularly assess pedestrian collision victims. Their reports frequently form a major evidence that cannot be easily ignored by the insurers particularly when the injuries are head injuries, fractures, internal injuries, or spinal complications.
Although the symptoms may appear mild initially, the delay in treatment may damage your healing process as well as your right to compensation. Insurance companies tend to use the lapses in medical care as an excuse to challenge the extent of your injuries or deny it all.
Follow-up visits, physical therapy referrals, and recorded pain levels can help paint a clear picture of what you have gone through and what you might still be dealing with in the long-term.
To most individuals, the economic aspect of healthcare is very daunting within a short time. Emergency transportation bills, diagnostic tests, surgery, prescriptions, and continued treatment may increase at a rate that is not anticipated. Retaining all bills, notes, and receipts will enhance the reimbursement claim and no details will be left out as the case advances.
A good pedestrian accident case starts with evidence, the type of evidence that demonstrates exactly what, why and who caused the accident.
In Newark, this may involve collecting data in high-traffic locations such as the Ironbound, Downtown Newark, University Heights, or the streets surrounding the Newark Penn Station, where there is a higher likelihood of cameras, traffic lights, and witnesses.
The faster evidence is gathered, the more difficult it is to have an insurance company refute your side of the story.
The police report is one of the most significant pieces of evidence. Thousands of calls annually are received by Newark Police Department precincts regarding traffic collisions and their reports usually include vital information like the statement of the driver, the witness testimonies, the conditions of the road, and the violation of any traffic regulations by the driver.
The surveillance cameras of the surrounding businesses, NJ Transit buses, or residential buildings can also be of great help in providing clarity when the time of the accident is not known.
Another important element is witness statements. Individuals who were passing by Military Park, the Prudential Tower or Branch Brook Park might have witnessed the accident in a different perspective than you did, particularly when you were injured and lost your orientation.
Such narrations usually assist in determining the speed of the driver, whether he or she followed the traffic lights and the manner in which the pedestrian got into the road. These statements, together with your medical records, will give a more comprehensive, more accurate picture of what happened.
The legal team can also investigate the timing of traffic lights, skid marks, road conditions, and vehicle damage reports. In severe situations, accident reconstruction specialists may be used to clarify the cause of an accident using physical evidence.
This is required since insurers tend to blame or downplay your injuries in order to safeguard their financial gains. The more evidence you have the less they can do to refute your claim.
The insurance process does not seem like a second battle to most pedestrians, but in reality, it usually is. Insurance adjusters are fast and they call you even when you are still getting treatment at University Hospital or Saint Michael Medical Center after an accident.
They might be sympathetic, but they are not concerned about the injured pedestrian, but rather the insurance company of the driver. The sooner they can talk to you, the more they can control the discussion in such a manner that they can minimize their liability.
A quick settlement is one of the most popular strategies. They understand that you have medical bills, lost time at work, and you are not sure about the future, and they want you to take something quick before you realize how badly you are hurt.
This frequently occurs in situations where there is severe injury in the vicinity of such locations as Clinton Avenue, the Newark Light Rail platforms, or Bloomfield Avenue, where pedestrian collisions are likely to lead to long-term medical care. A fast decision can be useful at the time, but it is seldom the real worth of what you have lost.
Insurance adjusters can also request you to give a recorded statement or sign medical release forms that will give them access to your complete health history. What most individuals are not aware of is that these forms enable insurers to go out in search of old injuries to fault rather than adequately compensate the damage caused by the collision. They just want to restrict the payout. This trend is common in most truck claims, with the insurer trying hard to downplay the responsibility.
Your attorney protects you against this. After being represented, you do not need to talk to the insurance company anymore. Everything is communicated, negotiated and documents are handled by your legal team so that nothing is said or signed that can be used against you. This does not only safeguard your rights, but also provides you with space to concentrate on medical care and healing without being stressed all the time.
The injuries caused by pedestrian accidents tend to interfere with all aspects of the life of a person, physically, financially, and emotionally.
The effect is particularly high in Newark, where collisions are common around business areas such as Mulberry Commons, the Gateway Center, or the commercial streets of Ironbound.
The New Jersey legislation permits injured pedestrians to seek compensation on the broad spectrum of losses that occur after a severe crash.
The first thing is medical expenses. Emergency care, hospitalization, radiology, surgery, and post-discharge care at such facilities as Newark Beth Israel Medical Center or ambulatory clinics on the Broad Street can become costly in a short period.
Co-pays, deductibles, and out of network charges can be costly even with health insurance, particularly when added to physical therapy, rehabilitation, or specialist care of long term injuries.
Another significant factor is lost wages. A large number of injured pedestrians cannot resume work immediately, especially when the injury is broken bones, head injuries, or mobility.
Individuals employed in the corporate districts of Newark, educational institutions, or government offices tend to spend a long time out of work, which affects their economic well-being. Loss of earning capacity can also be compensated whereby a person is not able to resume his or her former occupation or full earning capacity due to injuries.
Other non-economic damages, including pain and suffering, emotional distress, and long-term lifestyle changes, are also significant. Pedestrians who experience chronic pain, permanent disability, or psychological trauma due to an accident can be entitled to substantial compensation. The law understands that money cannot really compensate what has been lost but it offers a means of helping one recover and stabilize.
The costs do not stop once the first treatment is over. Most of the injured pedestrians need continuous treatment, assistive devices, or subsequent medical procedures. Such costs in the future are included in a compensation claim and are particularly applicable in situations where the injury causes permanent restrictions.
The recovery may be long-term physical therapy close to Clinton Avenue, outpatient visits close to the Newark Light Rail, or specialist care close to University Heights, but these future requirements need to be computed and factored in.
Knowing the time frame of a pedestrian accident claim may be a relief in an otherwise stressful process. Although each case is unique, the majority of claims in Newark have a similar flow, starting with medical treatment and proceeding with investigation, negotiation, and even litigation.
The time required in each step will depend on the extent of your injuries, the complexity of the evidence, and the level of cooperation of the insurance company.
Your medical care is the starting point of the process. The basis of your case is your doctors assessments, imaging findings, and treatment suggestions. When you are stable enough to have your lawyer comprehend the long-term effect, then the investigation starts.
In the case of accidents around such places as Branch Brook Park, the Ironbound, or Downtown Newark, this step can include the collection of surveillance videos, the police report, the analysis of the time of the traffic lights, and the interviews. These measures complicate the ability of the insurer to challenge the occurrence.
The second step is the negotiation stage. Your legal team provides evidence of your medical costs, lost earnings, pain and suffering, and future requirements. The insurers usually offer low and hope that you will pay early. Your attorney counters, and demands compensation that adequately compensates the long-term effects of your injuries.
In case of the failure of negotiations, litigation can be required. The Essex County Superior Court located close to Market Street hears many cases in Newark. Bringing a case to court does not imply that the case will necessarily proceed to trial; most are settled during discovery or mediation.
Nevertheless, litigation preparation demonstrates to the insurance company that your law firm is serious about seeking the compensation you are entitled to. This usually results in improved settlement packages and increased collaboration.
The process of selecting the appropriate lawyer is daunting, particularly when you are in pain, have appointments, and are uncertain following a pedestrian accident.
What the majority desire is easy: a person to listen to, a person to clarify things and a person to fight the insurance company when the heat is on. That is the basis of our firm operation.
In the Law Offices of Peter Briskin, P.C., clients are not files, not numbers, not claims. Each case is worthy of our personal attention and compassion that we would wish our own families.
We have over 25 years of experience, and our team has worked on numerous complex cases of accidents in Newark and Essex County.
We have dealt with collisions in and around Rutgers University-Newark, collisions around the busy Ironbound area, crashes along McCarter Highway, and pedestrian collisions along the Newark Light Rail.
Having recovered millions of dollars on behalf of injured clients, we know how to maneuver the legal system and bargain with insurance companies that tend to underestimate the extent of pedestrian injuries.
Clarity is another significant element of what we provide. Clients like to know what is going to happen next, what they should expect of the insurance company, and how every stage of the legal process functions.
We ensure that we keep you updated, respond to your queries, and clarify alternatives without using legal terms.
Whether your injuries need long-term care at Newark Beth Israel, continuing therapy in University Heights, or specialist treatment in the area of Saint Michael’s Medical Center, we ensure that your case is a reflection of everything you have gone through.
We also have experience in dealing with cases that border on other areas of practice like bike cases, which frequently have similar issues of visibility, road design, and driver carelessness. This cross-practice knowledge assists us to develop more robust pedestrian cases particularly when there are several factors that led to the collision.
We just promise to defend your rights, help you recover, and fight to get the compensation you deserve, all the way through.
Pedestrian accidents in Essex County may have a lot of the same issues as those that are experienced in the entire of Newark, yet they may differ depending on the town, road structure, and the amount of traffic.
East Orange, Irvington, Bloomfield, and South Orange are all high pedestrian areas around schools, shopping areas and transportation corridors. Due to the high number of residents who walk and use public transportation, it is natural that more collisions with distracted or rushed drivers occur in these community centers.
Accidents in the wider Essex County are usually along major hospitals like the East Orange General Hospital or along college campuses like the Seton Hall University and Essex County College.
These are the places where there is usually a large population of pedestrians, students, families, commuters, and local workers, who cross intersections with high-speed vehicles or busy bus stops. In case an incident occurs in these regions, the injuries that are caused can be as serious as those that occur in downtown Newark.
The local courts also contribute to the way in which the pedestrian claims are conducted. Cases in Essex County are usually processed in the Essex County Superior Court, in Newark, near the Market Street and the Hall of Records.
This court has a large number of personal injury cases, so it is necessary to collaborate with a legal team that is conversant with the local practice, judges, and expectations of the procedure. With such information, a lawyer will be able to better position your case at the outset.
Pedestrian collisions often intersect with other types of accidents seen in the region, especially fall matters, which share similar questions about property conditions, lighting, and roadway safety. Understanding how these cases overlap helps build a more complete picture of how the accident occurred, why it happened, and who may be responsible.
Regardless of the location of the collision in Essex County, the effect on the life of an injured pedestrian is the same: medical expenses, lost working time, physical and emotional stress. The attorney who knows the whole county and not only Newark gives you a wider perspective and better strategic planning of your claim.
If you can, move to a safe area and call 911 immediately. Seek medical attention even if you feel “okay,” because some injuries don’t show symptoms right away. Getting a police report is also important, and your attorney can help obtain it later.
Yes. New Jersey law allows injured pedestrians to pursue compensation even if they weren’t inside a marked crosswalk. Claims depend on the full circumstances, traffic signals, driver behavior, lighting conditions, and roadway design.
Most claims must be filed within two years of the accident. However, if a city vehicle, public employee, or NJ Transit bus was involved, you may need to file a Tort Claims Notice within 90 days. Missing this deadline can affect your ability to recover compensation.
It’s usually better not to. Insurance adjusters often push for early statements or quick settlements before you understand the full extent of your injuries. They’re trained to protect the insurer, not you. Once you hire a lawyer, we handle all communication on your behalf.
Every case is different, but compensation may include medical bills, lost wages, pain and suffering, emotional distress, and future expenses like rehabilitation or ongoing treatment. Severe or permanent injuries may result in higher compensation due to long-term impact.
Most settle through negotiations or mediation. However, if the insurance company refuses to offer fair compensation, filing a lawsuit in the Essex County Superior Court may become necessary. Even then, many cases resolve before reaching trial.
You can still file a claim in many situations. Police reports, surveillance footage, and witness statements often help identify the driver. Your attorney will gather the available evidence and investigate accordingly.
Yes. Surviving family members may be able to pursue a wrongful death claim to seek compensation for funeral costs, lost income, and emotional loss. These cases are handled with care and require proper documentation and legal guidance.
The consequences of being hit by a car can be overwhelming. Honestly, the majority of the population is not aware of where to start. In between doctor visits, inquiries about payments, and the stress of the insurance company, one can easily feel like they are doing it all by themselves. You have a right to have an opportunity to talk to a person who can listen to you, who can explain your possibilities and help you to take a step forward with confidence.
That is what we are offering at the Law Offices of Peter Briskin, P.C. Our group has assisted injured pedestrians in Newark and Essex County, as well as those injured in the areas of University Heights, Ironbound, Branch Brook Park, and the Gateway Center district.
Having over 25 years of combined experience and millions of dollars recovered on behalf of injured clients, we understand how to push back when the insurers downplay injuries or seek to settle fast. We take time to assess your medical requirements, record your losses and develop a plan that portrays your long term recovery.
Free consultation is your chance to discuss openly what has happened, ask questions and learn about your legal rights without being pressured. It is free and no obligation, just straightforward advice of a legal team that does not see you as a case file, but as a person. No matter whether your injuries need continuous treatment, special treatment, or prolonged absence of work, we are ready to assist you in seeking the compensation you are entitled to.
Call (908) 279-7979 today in case you or a loved one was injured in a pedestrian accident. We are here to assist and we will be with you all the way.
Peter Briskin, Esq. received his BS in Finance from The College of New Jersey in 2002. Thereafter he completed his JD degree from Touro Law School in 2006.
He is admitted to practice in the State and Federal Courts of New York and New Jersey.
Peter Briskin’s practice focuses on prosecution of personal injury matters including automobile/motorcycle accidents, slip/trip and fall accidents, dram shop act (bar liability), nursing home negligence and dog bite cases. Peter also represents individuals involved in divorce (incl. custody, support, alimony, maintenance) litigation, construction litigation matters, breach of contract and lemon law.
