When a Pedestrian Is Struck by a Commercial Vehicle in New Jersey: How Liability Is Reviewed

 

You looked both ways and stepped into the crosswalk when the light turned green. A commercial vehicle rushed through the intersection without stopping. In the seconds that followed, everything changed.

When a pedestrian is struck by a large vehicle, the injuries are often devastating. You may be left facing emergency medical treatment, extended recovery, and uncertainty about how the crash happened. While injured pedestrians focus on healing, insurance companies often begin investigating the incident immediately.

Pedestrian crashes involving commercial vehicles are among the most devastating collisions on New Jersey roads each year. If you or someone you love was injured in a pedestrian crash, or a family member was killed, understanding how New Jersey law addresses liability can help you determine the next steps.

Why Pedestrian Accidents Involving Commercial Vehicles Are Often Severe

Pedestrians have no physical protection during a crash. When a large truck, delivery vehicle, or construction vehicle strikes someone on foot, the impact can be catastrophic.

Common injuries in crosswalk accidents include traumatic brain injuries, spinal cord injuries, multiple fractures, internal injuries, and long-term disability or permanent impairment.
These injuries frequently require hospitalization, rehabilitation, and long-term care. The financial toll can be significant, with medical bills, wage loss, and recovery expenses accumulating quickly.

Investigating What Happened Before the Crash

Determining liability in a pedestrian crash begins with examining the events leading up to the collision. Evidence gathered from the scene helps establish how the crash occurred and whether a negligent driver played a role.

Evidence typically includes the official police report, traffic camera or surveillance footage, witness statements, physical evidence from the scene, and intersection data related to traffic lights and signal timing. Investigators also review whether the pedestrian had the right of way and whether the driver failed to stop or yield in a marked crosswalk.

Driver Behavior Is Closely Examined

Commercial drivers must operate vehicles safely in areas where pedestrians may be present. When a negligent driver strikes a pedestrian, their conduct before and during the crash is reviewed carefully.

This includes examining whether the driver failed to yield to a pedestrian in a crosswalk, was speeding through an intersection, engaged in distracted driving such as using a phone or in-cab device, ignored traffic signals, or failed to observe pedestrians before turning.

Electronic data from commercial vehicles may also be reviewed to determine the vehicle’s speed, braking activity, and driver actions before impact.

Federal Regulations May Apply to Commercial Vehicles

Commercial vehicles operate under safety rules that go beyond those governing standard passenger vehicles. Federal regulations govern how these vehicles are maintained and how drivers operate them.

Relevant areas of review include driver qualifications and training, hours-of-service rules that limit driving time, vehicle inspection and maintenance procedures, and company safety compliance programs. If safety rules were violated, that information is often central to determining responsibility.

Liability May Extend Beyond the Driver

Responsibility for a pedestrian crash does not always rest with the driver alone. Depending on the facts, liability may extend to the company employing the driver, a logistics or delivery contractor, a maintenance provider responsible for servicing the vehicle, or a manufacturer if vehicle defects contributed to the crash.

Commercial transportation often involves multiple companies, and identifying all responsible parties requires a detailed investigation.

How New Jersey Law Addresses Responsibility

Under New Jersey’s Comparative Negligence Act, responsibility in injury cases is assessed by reviewing the conduct of everyone involved. A plaintiff may recover compensation as long as they are found less than 51% at fault, with damages reduced in proportion to their share of responsibility.

In pedestrian crash cases, this means the evidence gathered from the scene, witness accounts, and electronic vehicle data all factor into how fault is allocated between the driver and any other parties involved.

Financial Consequences of Severe Pedestrian Injuries

A significant pedestrian crash can affect nearly every aspect of a person’s life. In a personal injury claim, recoverable damages may include medical expenses and ongoing care, wage loss and long-term loss of earning capacity, rehabilitation and therapy costs, pain and suffering, and emotional distress.

Families who lose a loved one in a pedestrian crash may also pursue wrongful death claims under the New Jersey Wrongful Death Act, which allows surviving family members to seek compensation for funeral expenses, lost financial support, and loss of companionship and guidance.

Act Quickly: Evidence in Commercial Vehicle Crashes Can Disappear

Electronic data may be overwritten, vehicles may be repaired, and witness memories fade faster than most people expect.

Early action helps preserve vehicle electronic data, driver logs and safety records, maintenance documentation, and nearby camera footage. Medical documentation, including emergency records and treatment histories, should also be preserved as early as possible. Securing this evidence is critical when reviewing insurance coverage, determining liability, and building a complete picture of how the crash occurred.

Speaking With a Pedestrian Accident Lawyer

If you or a loved one was injured in a pedestrian crash involving a commercial vehicle, you may still be trying to understand what happened and what options are available.

New Jersey’s statute of limitations gives most injured pedestrians two years from the date of the crash to file a personal injury lawsuit. This deadline is strictly enforced. Missing it typically eliminates the right to seek compensation regardless of how significant the injuries are.

If you have questions about a pedestrian crash involving a commercial vehicle, the attorneys at Eichen Crutchlow Zaslow are ready to review your case. Contact us today for a free, confidential consultation.

Schedule a confidential consultation and comprehensive evaluation of your case today.