South Jersey Laws
Automobile Accidents - Pedestrian Injuries
New Jersey Statute § 39:6A-2 - Definitions


According to the law, a pedestrian is anyone:

  • Who is not riding in a motor vehicle, bus or train; or
  • Someone getting in or out of a motor vehicle, bus or train.


Insurance benefits to pedestrians

A pedestrian who is injured in any type of motor vehicle accident gets the same benefits as a person who is in a car at the time of an accident. So if a pedestrian is involved in a motor vehicle accident, the pedestrian’s insurance company will provide the same personal injury protection or PIP benefits for medical care and treatment that the pedestrian would receive if he or she was the driver or passenger of a motor vehicle when the accident happened.


Pedestrians with and without insurance

A pedestrian who is hurt in a motor vehicle accident and:

  • Does not have automobile insurance; or
  • Does not live with someone who has automobile insurance is not restricted in their ability to sue for their injuries, no matter how small.

If a pedestrian does have automobile insurance, or live with someone that does, then the pedestrian is bound by the tort threshold on that automobile insurance policy in a lawsuit for injuries.
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