COVID-19 NOTICE: In the wake of the public health crisis, Davis & Brusca, LLC has temporarily suspended all in-person consultation and meetings. However, the firm remains open for business and our attorneys and staff are working remotely to service our clients. We are available to receive calls through our regular office telephone numbers and e-mails. Due to the unusual demands created by the remote working environment, you may be directed to voicemail. If this occurs, please leave a message with your contact details and give our team members a reasonable opportunity to get back to you.

Thank you for your courtesy and cooperation. On behalf of the team at Davis & Brusca, Mark and Mike would like to wish our clients, colleagues and our community at large health, safety and peace during this trying time.

Pedestrian Accident Lawyer Trenton, NJ

Pedestrian Accident Lawyer Trenton, NJ

Pedestrian Accidents Lawyers New JerseyAccording to the National Highway Traffic Safety Association (NHTSA), every year nearly 5,000 pedestrians are fatally struck by motor vehicles, and nearly 80,000 more are injured. Children between the ages of five and nine are most likely to be struck by a vehicle. Not only are they small and difficult to see, but they also act unpredictably and erratically. Many pedestrian accidents are preventable, and often occur when a pedestrian is attempting to cross an intersection and a driver is not paying attention. Poorly maintained roadways or construction and debris that is blocking the pedestrian’s path can lead to an accident. If you or a loved one have been affected by an accident, call an attorney, like the pedestrian accidents lawyers New Jersey relies on, right away.

Usually, in the event of an accident, a pedestrian’s primary legal claim will be against a negligent driver. Whenever a pedestrian is hit by a car while crossing in a marked or unmarked crosswalk (at any corner), the driver of the car is usually considered to be at fault. This is because drivers have a legal obligation to keep a proper lookout and avoid hazards in the road, and a pedestrian in these circumstances would generally fall under this rule.  Contrary to what some may think or say, mid-block crossing by pedestrians is often legal, although pedestrians are never permitted to simply step blindly into the road and put themselves into a position of danger.  Depending on the circumstances, an injured pedestrian may also bring a claim against the municipality if unsafe streets or traffic control devices played a role in the accident.

A Driver’s Legal Duty to Pedestrians

Drivers are obligated to exercise reasonable care under the circumstances, and failure to do so will be considered negligence. For example, in some conditions, even doing the speed limit may be negligent when road conditions are icy and slippery. If any of the following have applied to you or someone close to you recently, you may want to contact an attorney, like the pedestrian accidents lawyers New Jersey residents trust. Some common examples of negligent driving include:

  • Use of a cell phone while driving (texting and driving)
  • Speeding
  • Driving under the influence of alcohol
  • Failing to yield to pedestrians at an intersection
  • Failing to obey traffic signs or signals (for example “no left turn” or “no u-turn” signs)
  • Failing to use one’s turn signal
  • Disregarding hazardous weather conditions

When children are around, drivers must be even more cautious. When driving past a school, park, or residential area, drivers may be legally required to exercise an even greater degree of care than they would otherwise.

When Is a Local Municipality Liable?

A municipality may potentially be held liable if the street is in a dangerous condition or not built in accordance with approved plans. Another possible scenario in which a municipality may be liable is with a defectively maintained traffic control device, such as a red light. For example, where the actions of the government cause a pedestrian and oncoming traffic to both receive a green light at the same time.  Governmental entities often have considerable immunities, and bringing a successful claim against them can be tricky and very fact sensitive.  Immediate consultation with an experienced pedestrian accident lawyer is often the best was to insure a viable claim is not lost.

What to Do After a Pedestrian Accident

If you have been struck by a car while on foot, you may be confused and in a state of shock.  The first thing you should do is call the police and seek medical attention.   File a police report even if you think the accident is not severe enough to warrant it.  It is important to document what has happened. Next, if possible take photographs of the accident scene as well as the car that struck you. If any witnesses were present, be sure to get their contact information, as well as the contact information of the offending driver. Next, call your insurance company.  Regardless of how you perceive what happened, you should never say you were “at fault” to the insurance company or the driver that struck you.  Acknowledging the facts you know to be true is one thing.  Speaking to “fault” is another, and you may not yet know of important facts needed for an accurate assessment of responsibility. Contact a professional, like the pedestrian accidents lawyers New Jersey trusts, right away so that you can build a strong case from the beginning, and to make sure that you meet any statutes of limitations to prevent your claim from being barred.

Request a Free Consultation




What seemed to me to be a complicated case finally came to a close with a successful outcome. Mark Davis was diligent, perseverant and focused on my case and he was certainly compassionate and patient with me where and when needed. He is very intelligent and highly knowledgeable of all of the legal facts and nuances that emerged throughout the lengthy case period. While the circumstances that forced me to initiate the legal process I would not wish upon anyone, Mark was my legal partner all the way and I thank him for his attention and commitment.
Mark Davis quickly sets himself apart from the rest. He puts his knowledge and experience to work from day one to prove you have made the right choice in trusting him and his staff. Mark is attentive to your needs and is driven to get you results. Mark Davis is the attorney you want in your corner!
Mark is very dedicated to his clients.. There's never been a time I needed him and he wasn't available for me to help me understand my case. I would recommend Mark Davis to anyone looking for an attorney.
Mark is very professional. He takes the time to listen to my questions and answers each one. I feel confident and informed after speaking with him. I have no doubt that he is there to help to me. I recommend Davis & Brusca to everyone!
I was seriously injured in a car accident. Mark Davis represented me to the fullest. Besides delivering results I was hoping for Mark did so much more. Mark checked in with me time and time again to see how I was feeling, how I was doing, how my family was, did I need anything, etc. Mark Davis cares about his clients. Most importantly Mark Davis fought for me.  He fought hard for me through long nights, over the weekends.  He fought endlessly til I got what I deserved which, by the way, didn’t take long at all. Mark Davis, from my family and I, thank you so much for all your hard work and dedication towards us.
They will do their best. I've had the pleasure of working with the Davis' and I can only say good things. I have no doubt that if you need their services, they will do their best, show compassion, and look out for your best interests.
Very Professional! Would use their services again. Amazing!
Everyone I Spoke with was Very Professional. I worked with Mike and Nicole on a nursing home negligence case. Mike was very honest and upfront about what to expect. Everyone I spoke with was very professional and they always kept me informed on the status of the case. They responded to my emails quickly and made me feel like they truly cared. I would definitely recommend them if you are looking for an excellent nursing home negligence attorney.

Schedule a consultation with one of the dedicated lawyers at Davis & Brusca, LLC