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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
After a pedestrian accident, two questions need attention at the same time: how to pay for treatment and how to prove what happened in the roadway. The driver’s account may be incomplete, and the insurance that handles medical bills may be different from the coverage that pays an injury settlement. You should not have to resolve either question alone while recovering.
The Epstein Law Firm represents pedestrians injured in New Jersey vehicle collisions. We investigate the moments before impact, examine available insurance and document the injury’s effect on everyday life. Our car accident practice addresses the broader claim process; pedestrian cases require particular attention to crossing locations, visibility, signal timing and the driver’s opportunity to stop.
A disputed crossing does not make the driver’s version the final answer. Photographs, witnesses and recordings can help establish the sequence that a brief police-report description may not capture.
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Get medical help before trying to investigate the collision. Tell treating clinicians that a vehicle struck you, describe any fall or head impact, and report changes in symptoms. Follow the discharge instructions and ask about work, walking and follow-up restrictions. A family member can help keep appointment information and correspondence together while you recover.
Do not return to traffic to photograph the scene. Use information already available, or ask someone who can document conditions safely. Useful material includes:
Keep original files rather than only edited screenshots. If you remember something later, note when that recollection occurred. Separate what you saw from what someone told you. Those distinctions help an attorney assess conflicting accounts without turning uncertainty into an unsupported claim.
Whether the collision happened in a marked crosswalk, an unmarked intersection crossing or elsewhere matters. New Jersey’s pedestrian safety rules distinguish marked-crosswalk stopping duties from yielding at unmarked crosswalks at uncontrolled intersections. Drivers also have a continuing obligation to use care around pedestrians.
At a marked crossing, the pedestrian’s position relative to the driver’s half of the roadway affects the stopping requirement. A turn can matter just as much as forward travel. Investigators should identify the lane the driver entered and the pedestrian’s position before impact, rather than treating the entire intersection as one undifferentiated space.
Signals add another question: when did the person begin crossing? NJDOT explains that a flashing hand warns people not to start crossing, while the interval gives those already crossing time to finish. A photograph of the signal after the crash cannot, by itself, establish what it displayed when someone stepped off the curb.
An allegation that someone darted into traffic needs to be tested against the physical evidence. Where was the vehicle when the pedestrian became visible? Was another vehicle blocking the view? Was the driver turning, backing up or passing a vehicle that had stopped? A reconstruction may compare those details with damage, available footage and witness observations.
The Epstein Law Firm’s pedestrian accident practice includes examining reports and medical records, locating witnesses and surveillance, and using accident reconstruction expertise when appropriate. Identifying nearby cameras promptly is useful even when you do not know whether they recorded the collision. The firm can investigate availability and seek preservation; the existence of a camera does not guarantee usable footage.
Pedestrians also owe care for their own safety. Under New Jersey’s comparative-negligence statute, partial fault reduces recovery, and recovery is barred when the injured person’s negligence exceeds the combined negligence of those from whom recovery is sought. The practical task is to establish each person’s conduct, not simply accept a percentage proposed by an insurer.
Being on foot does not automatically put you outside automobile medical coverage. New Jersey Treasury’s explanation of pedestrian medical coverage identifies your own or household automobile insurance as a potential source of personal injury protection, or PIP. Eligibility and payment priority need review under the actual policies.
PIP addresses covered medical expenses without first resolving fault. Some policies select health insurance as the primary payer; the Department of Banking and Insurance explains that arrangement. Provide the relevant policy information to your lawyer and medical providers so bills are directed appropriately. A liability investigation and a medical-benefits application may proceed alongside one another.
Keep separate folders for benefit decisions and the driver’s liability correspondence. Record the claim number and adjuster for each. A medical-payment denial, an exhausted benefit and an offer to settle your injury claim are different events. Before signing a release, understand which claims it resolves and how unresolved treatment expenses will be handled.
A serious walking injury can interfere with commuting, household tasks and the ability to remain independent. Keep an accurate record of assistance, missed work and treatment-related expenses. Describe concrete changes, such as needing help on stairs or being unable to perform a particular work duty, rather than trying to assign a dollar value yourself.
New Jersey’s damages instruction recognizes that disability, lost enjoyment of life and physical and mental suffering can matter alongside financial loss. There is no universal settlement formula. The medical evidence must connect the claimed limitations and future needs to the collision.
Insurance can impose additional limits. The limitation-on-lawsuit option, when applicable, restricts recovery for pain and suffering to qualifying injuries. Walking at the time does not justify assuming that policy questions disappear. The firm can examine the coverage and medical proof before evaluating an offer, including whether a proposed settlement adequately accounts for supported future needs.
New Jersey generally allows two years from accrual for a personal-injury action, subject to applicable exceptions. Have the date assessed for the particular claim instead of assuming negotiations protect it.
A claim involving a public entity generally requires notice within 90 days. Government vehicles or alleged roadway defects warrant prompt review of the proper entity, notice requirements and additional liability restrictions.
A report or benefit application can be useful without resolving the entire injury case. These starting points serve different purposes:
Administrative assistance does not replace investigation of the driver’s responsibility. Keep pursuing necessary legal review while a report request or insurance inquiry is pending.
The firm’s published results include pedestrian cases involving older adults and substantial, lasting injuries. Those cases illustrate the importance of understanding ongoing care and independence, not just the condition reported immediately after impact. Past results do not predict the outcome of another person’s case.
For your case, the questions are specific: what evidence explains the crossing, which coverage applies and what support does your recovery require? The Epstein Law Firm can review the available information and explain the next steps. You can request a free case review with the records you already have; there is no need to complete your own investigation first.
Tell our team where you were walking and what you remember about the collision. Bring available report details and insurance letters so we can discuss the crossing evidence, medical coverage and support you need during recovery.
Prior results do not guarantee a similar outcome. Each case depends on its own facts, evidence, and applicable law.
These excerpts describe experiences with the firm. They are not identified as cases in this practice area and do not predict another outcome.
“They took the time to explain everything clearly, making sure I understood my options and felt comfortable with each step of the process.”
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These answers provide general information. The crossing, vehicle, insurance, medical evidence and other facts can change the analysis of an individual claim.
No. A marked crosswalk creates important duties, but responsibility still depends on how the collision occurred. New Jersey requires a driver to stop and remain stopped when a pedestrian is upon, or within one lane of, the driver’s half of the roadway in a marked crosswalk. Traffic controls and the pedestrian’s actions also matter.
Preserve details about the direction of travel, point of impact and whether the vehicle was turning. The law also requires pedestrians to use care and prohibits stepping suddenly into a vehicle’s path when stopping is impossible. A crosswalk photograph is useful evidence, but it should be considered with the movement and timing of both people involved.
Sources: New Jersey pedestrian statute and crosswalk guidance; NJDOT driver and pedestrian responsibilities.
Possibly. Crossing outside a marked crosswalk or an unmarked crosswalk at an intersection generally requires a pedestrian to yield to vehicles, but that fact does not answer every question about the driver’s conduct. The circumstances can include vehicle speed, visibility and whether reasonable observation would have revealed the danger.
New Jersey compares negligence rather than treating every pedestrian mistake as an automatic bar. Recovery is reduced by the injured person’s share and is unavailable when that share exceeds the combined negligence of the defendants from whom recovery is sought. A lawyer needs the actual crossing location and sequence before assessing how this rule affects your case.
Sources: New Jersey Courts: pedestrian duty outside a crosswalk; N.J.S.A. 2A:15-5.1: comparative negligence.
A flashing hand does not necessarily mean you entered the crossing improperly. NJDOT explains that it warns people who have not started crossing to wait, while allowing people already in the crossing time to complete it. The important distinction is the signal when you began, followed by what happened as you crossed.
Record your recollection without guessing about a countdown you did not see. Witnesses or video may clarify the timing, and turning traffic must also be considered. A statement that the signal was flashing at impact omits part of the sequence. Pedestrians must still use care, so the signal information belongs in a wider assessment of visibility and movement.
Sources: NJDOT pedestrian traffic signals; New Jersey Courts: pedestrian observations.
Potential coverage can include your automobile PIP benefits or qualifying household coverage, even though you were on foot. PIP handles covered medical costs without making payment depend on a completed fault determination. The available policy and your insured status need to be examined rather than assuming that the driver’s insurer pays every bill immediately.
If a health-insurance-primary option was selected, the order of payment may differ. Give providers accurate policy details, keep benefit explanations and ask for the reason for any denial in writing. Coverage for treatment and a liability settlement are separate issues; opening one claim does not necessarily resolve the other or establish which expenses remain recoverable.
Sources: New Jersey Treasury: pedestrian PIP and household insurance; NJDOBI: selecting health insurance as primary for PIP.
There may be. NJPLIGA identifies a pedestrian PIP process through the Unsatisfied Claim and Judgment Fund for pedestrians struck by a private passenger automobile who lack other available coverage. It requires an application and proof of eligibility; not owning a car alone does not settle whether household coverage or another source applies.
Start with the program’s official instructions and collect the policy information needed to establish what is available. The application materials include a notice of intention, a PIP application and an eligibility affidavit. The vehicle category matters, so do not assume that instructions for a private passenger automobile cover every commercial-vehicle collision. Get help identifying the appropriate benefit route.
Sources: NJPLIGA: pedestrian PIP claims and required documents; New Jersey MVC: personal injury protection coverage.
Yes. Contact a medical professional about new or worsening symptoms after a collision. CDC notes that concussion symptoms can appear hours or days later, and a clinician should assess the symptoms rather than having you decide whether they prove a particular injury. Emergency danger signs, including repeated vomiting, seizures or inability to wake, require immediate emergency care.
Tell the clinician about the vehicle impact and any fall, even if you initially felt able to walk away. Keep discharge paperwork and follow the recommended return-to-activity instructions. A later symptom should be described accurately, including when it began; do not backdate symptoms or substitute a legal claim narrative for your medical history.
Sources: CDC: mild TBI and concussion symptoms; MedlinePlus: traumatic brain injury.
The general New Jersey personal-injury filing period is two years from accrual, but exceptions and different claim requirements can affect the calculation. A claim against a public entity generally has a much earlier notice requirement of 90 days. Identify any government vehicle or public-property issue promptly instead of waiting for an insurer to finish investigating.
The accident date, injured person’s circumstances and potential defendants should be reviewed together. Filing a police report is not the same step as starting a lawsuit or serving the required public-entity notice. If time has passed, seek an assessment of the actual deadlines and possible relief rather than assuming either that the case is safe or that it is necessarily lost.
Sources: N.J.S.A. 2A:14-2: personal-injury filing period; New Jersey Treasury: tort-claim notice instructions.
Yes, when supported by the evidence and applicable law, an injury claim can address disability, loss of enjoyment of life and pain and suffering. New Jersey’s damages instruction calls for consideration of the injury’s nature, duration and effect on the person. An award is not calculated by a standard amount for each diagnosis.
Explain practical changes to your lawyer and doctors, including limitations on walking, work and household responsibilities. Medical evidence matters to future-loss claims and to any applicable limitation-on-lawsuit requirement. The coverage choice can restrict pain-and-suffering claims to qualifying injuries, while economic-loss questions remain separate. A case assessment should address these restrictions before comparing your experience with someone else’s settlement.
Sources: New Jersey Courts: disability and pain-and-suffering damages; NJDOBI: standard policy and lawsuit options.
Ask the insurer to identify the disputed coverage or bill and explain its decision in writing. The NJDOBI Insurance Ombudsman assists consumers with coverage and claim-processing concerns. Having the claim number, policy information, bills and correspondence organized makes it easier to explain which payment or decision you are questioning.
A benefit dispute should be distinguished from a demand for compensation against the driver. PIP eligibility, benefit limits and any health-primary selection can affect medical payment even while fault is being investigated. Regulatory assistance does not itself establish the driver’s liability or guarantee payment. Discuss any separate legal deadlines with your attorney while the coverage issue is being addressed.
Sources: NJDOBI: Office of the Insurance Ombudsman; NJDOBI: health-insurance-primary PIP option.
Bring the records you already have: the crash-report number, photographs, witness contacts, medical paperwork and insurance letters. For a State Police investigation, the official crash-report service explains the request process; a local department’s report should be requested from that agency. You can seek legal help before the complete report or every medical record is available.
Tell the firm what you remember about the crossing and what remains uncertain. The Epstein Law Firm offers a free case review, and the discussion can help identify missing evidence and the next steps. Include any approaching deadline or request to sign a release. An initial conversation should focus on your circumstances, without treating another client’s result as a prediction.
Sources: New Jersey State Police: crash-report request help; The Epstein Law Firm: contact and free case evaluation; New Jersey Treasury: public-entity claim notice.
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The Epstein Law Firm
The Epstein Law Firm