New Jersey Drunk Driving Pedestrian Accident Lawyer

New Jersey residents who choose to walk to work, school, shopping areas, and other destinations instead of driving should feel safe doing so. The reality, however, is that pedestrians face the risk of being struck by motor vehicles. Drivers are responsible for following the rules of the road and yielding to pedestrians. When a driver carelessly chooses to drive under the influence of alcohol or drugs, pedestrian accidents can occur.

New Jersey pedestrians who are injured by drunk drivers have the right to pursue compensation for their medical bills and other costs accrued because of the crash. The New Jersey pedestrian accident attorneys at the Todd J. Leonard Law Firm have more than 35 years of experience holding negligent drunk drivers accountable for their reckless actions.

What Makes Drunk Driving So Dangerous?

Drunk driving is a leading cause of motor vehicle accidents. A 2023 State Police report identified it as the number one cause of fatal traffic crashes in New Jersey. Driving under the influence (DUI) of alcohol or drugs was the top contributing factor in 210 deadly collisions in 2021, marking a 30 percent increase from 2020. 

Alcohol or drugs can impair a driver’s vision, judgment, reaction time, and coordination. For example, it may take longer for a drunk driver to brake upon seeing a pedestrian crossing the street or coming across a red light at an intersection. Drunk drivers can behave irresponsibly or aggressively, threatening the safety of others on the road. Speeding, drifting, swerving, and crossing over lane markers are telltale signs of drunk drivers.

In New Jersey, it is unlawful to drive if your blood alcohol concentration (BAC) is 0.08 percent or higher. However, a driver’s BAC does not have to cross the legal limit to pose a risk to pedestrians and cause serious injuries. 

Drunk drivers in New Jersey may face criminal charges for DUI and other related offenses. At the Todd J. Leonard Law Firm, we help injured pedestrians file civil claims to pursue compensation from drunk drivers who cause accidents. 

How Accidents Occur Between Drunk Drivers and Pedestrians

An analysis of accidents between drunk drivers and pedestrians in recent years reveals several patterns regarding how such incidents occur in New Jersey. Many drunk driving accidents happen at night, and other negligent conduct is often involved, such as speeding or driving away from the crash scene.

Pedestrian accident victims range from teenagers to senior citizens. In many cases, drivers get behind the wheel of a car after spending an evening at a bar or pub. Their BAC typically exceeds the legal limit and is often more than double the threshold.

Here are some examples of New Jersey drunk driving-related pedestrian accidents that have happened in the five years preceding 2023.

• A 55-year-old woman pleaded guilty to driving 90 mph while under the influence of alcohol in Burlington County. She struck a 17-year-old girl head-on after a night of drinking at a bar and failing to turn on her headlights. The driver’s BAC measured at 0.188 in the December 2021 pedestrian accident. 
• In 2018, a patrolman was conducting a vehicle stop in Ocean County when a drunk driver hit his patrol car. The officer sustained minor injuries while the driver was charged with DUI. 
• A man lost his driver’s license for life after causing a fatal pedestrian accident in Ocean County. His BAC was 0.17, more than twice the legal limit. 
• A 31-year-old woman had a BAC of 0.32 when she struck a 62-year-old man just before 10:30 pm. The pedestrian accident occurred when the man exited his vehicle to retrieve something from his trunk.
• A 25-year-old woman who was driving while intoxicated caused a hit-and-run accident that left a 51-year-old man severely injured. The pedestrian accident occurred in Burlington County. 

While accidents between drunk drivers and pedestrians can occur anywhere in New Jersey, Burlington County, and Ocean County are some common areas in which they are reported. According to an analysis of New Jersey Department of Transportation data from 2009 to 2018, 10 roadways in Burlington County have accounted for the majority of fatal pedestrian accidents. During that period, 11 pedestrians were killed on Interstate 295 and the New Jersey Turnpike. Officials identified Burlington County’s U.S. Route 130 as the deadliest, with 32 pedestrian deaths since 2008.

The New Jersey counties of Bergen, Morris, Passaic, Sussex, and Essex recorded 55 pedestrian fatalities in 2021. Of those, 27 occurred in Essex County. The county experienced a significant increase in pedestrian deaths compared to 14 in 2020 and 18 in 2019.  Montclair, a township in Essex County, saw 47 pedestrian accidents in 2022, nearly double the 24 in 2021. 

Pedestrian Accident Injuries

A 2022 report ranked New Jersey the 19th worst state nationwide for pedestrian deaths. There were 870 pedestrian fatalities in the state during a five-year period that ended in 2020. New Jersey had 218 fatal pedestrian accidents in 2021, the highest since 1989.

While some pedestrian accidents are deadly, others can cause painful injuries that require extensive medical treatment and rehabilitation. Human bodies are not made to withstand the weight and size of motor vehicles, and the effects can be even more catastrophic when a large vehicle like an SUV is involved.

Pedestrian accident victims may have to take time off work or school to recover. While types of injuries can vary widely, they can include:

• Lacerations or contusions
• Head injuries
• Soft tissue injuries
• Internal bleeding
• Whiplash
• Spinal cord injuries
• Broken bones
• Limb injuries

When you are struck by a drunk driver, the first thing you should do is seek medical treatment. Documenting your injuries immediately after a pedestrian accident is vital for a successful legal claim. Additionally, a doctor can ensure you receive proper medical attention for a speedy recovery and ensure any internal injuries are not overlooked.

Pursuing Compensation After Being Struck by a Drunk Driver in New Jersey

Drunk drivers may be criminally charged with DUI. Although a judge may order the driver to pay you restitution, the amount you receive will likely be less than what you deserve for your pedestrian accident-related losses.

New Jersey pedestrians who have been injured after being hit by a drunk driver have the right to recover damages through a personal injury lawsuit. Filing a claim in civil court allows you to recover maximum compensation for both your economic and non-economic damages:

• Medical expenses, past, present and future
• Rehabilitation
• Loss of income
• Pain and suffering
• Emotional distress
• Loss of consortium

To have a successful personal injury claim, you must show that the drunk driver was negligent and at fault for your injuries. At the Todd J. Leonard Law Firm, we take care of everything for our clients. Our goal is to help you get back on your feet after a life-altering pedestrian accident. Our New Jersey Pedestrian Accident Attorneys will thoroughly investigate what happened, identify the negligent drunk driver, prove your case in court, and pursue maximum compensation on your behalf.

New Jersey Dram Shop and Social Host Laws

In addition to suing a drunk driver for their negligence, injured pedestrians can also hold third parties liable through New Jersey dram shop and social host laws. These laws place some of the blame for drunk driving accidents on the establishment that serves alcohol to the drunk driver. They are especially significant if the driver who struck the pedestrian displays visible signs of intoxication and is uninsured or underinsured.

Under dram shop law, pedestrians can obtain damages from bars, pubs, restaurants, nightclubs, or other alcohol vendors that serve the customer who caused the drunk driving collision. The state’s social host law holds noncommercial individuals liable for alcohol consumption if someone leaves their premises too intoxicated to drive.

A New Jersey pedestrian accident lawyer can help you understand which laws apply to your case. The Todd J. Leonard Law Firm will assess the details of your pedestrian accident and determine whether any third parties are also liable for your injuries.

Time Limit for Filing a Pedestrian Personal Injury Claim

In New Jersey, you typically have two years from the date of your pedestrian accident in which to file a personal injury claim. If the statute of limitations expires, you may no longer be able to take legal action against the drunk driver who caused your accident. When you work with the Todd J. Leonard Law Firm, we will ensure you do not miss any important deadlines. 

Contact an Experienced New Jersey Pedestrian Accident Injury Lawyer Now! 

When a pedestrian accident occurs, questions of legal liability arise. Things can quickly get more complex if a drunk driver is involved. If you have been struck by a drunk driver in New Jersey, you deserve compensation. While the drunk driver may face criminal charges for their reckless actions, you may also have grounds to pursue a civil claim for damages.

Discussing your case with an experienced pedestrian accident attorney can help you understand your next steps, and ensure your rights are protected. At the Todd J. Leonard Law Firm, we guide our clients through every stage of filing a personal injury claim. Recovering from painful injuries is a difficult process that deserves your full attention. With our firm handling your lawsuit, you can focus on your recovery with the knowledge that we will always act in your best interests.

Our New Jersey pedestrian accident attorneys will communicate with insurance adjusters on your behalf, gather evidence and do everything necessary to secure maximum compensation for you from the at-fault drunk driver. We are dedicated to holding the negligent driver accountable for causing your pedestrian accident. 
If you, suffered a serious injury in a New Jersey pedestrian accident, or sadly, lost or a loved one, due to a drunk driver, the dedicated New pedestrian accident attorneys at the Todd J. Leonard Law Firm are here to help.  For more than 30 years, we have been helping clients who have been seriously injured in all types of accidents.  We are a five-star rated law firm, recovering a total of more than $100 million on behalf of our clients.  We will do our best to hold the negligent driver fully accountable for their actions and get you the justice you deserve. To learn more and to schedule a FREE consultation, give us a call today at 973-920-7900. You can also connect with us through our online form. There is never a fee unless we win your case.  We have two conveniently located offices in Denville and Morristown, New Jersey.