The Dangers of Distracted Walking in NJ: Stay Safe and Aware

Imagine you’re walking down Broad Street in Newark, engrossed in a text message when suddenly, a car horn blares just inches away. You freeze. The pedestrian signal was red, but you didn’t notice, and a visibly shaken driver had to slam on the brakes to avoid hitting you.

Distracted walking is becoming an increasing safety concern in New Jersey. With the prevalence of smartphones, smartwatches, and other electronic devices, many pedestrians are paying more attention to their screens than their surroundings. While distracted driving gets most of the attention, distracted walking can also lead to serious accidents and injuries.

New Jersey pedestrian laws are clear: Pedestrians must obey traffic signals and use designated crosswalks. Failing to do so can result in legal consequences, including a $54 fine for jaywalking. But beyond fines, distracted walking puts your safety at serious risk.

What is Distracted Walking?

Distracted walking occurs when a pedestrian is engaged in activities that divert their attention from their surroundings. Common distractions include:

• Texting or using a smartphone
• Talking on the phone
• Listening to music at high volumes with headphones
• Checking emails or social media while walking
• Engaging in deep conversations while walking

According to the Governors Highway Safety Association (GHSA), pedestrian fatalities have risen sharply in recent years, and distractions are a significant contributing factor.

The Risks of Distracted Walking

Distracted pedestrians often assume they are safe as long as they are in a crosswalk. However, studies show that pedestrians who are distracted:

• Cross streets more slowly, increasing their exposure to traffic.
• Are three times more likely to ignore traffic signals.
• Often fail to notice approaching vehicles, especially those making turns.

New Jersey Pedestrian Laws

In New Jersey, pedestrians are required by law to:

• Obey traffic control devices (N.J.S.A. 39:4-32)
• Yield to vehicles when crossing outside of a marked crosswalk (N.J.S.A. 39:4-36)
• Walk on sidewalks when available (N.J.S.A. 39:4-34)

Failing to follow these laws can result in fines, but more importantly, it can put your life in danger.

What Injuries Do Distracted Walkers Suffer in NJ?

Pedestrians have no protection against moving vehicles, solid objects, or hazardous walking conditions. Common injuries include:

• Head injuries – Concussions, skull fractures, or traumatic brain injuries (TBI)
• Broken bones – Arms, legs, ribs, and hips are particularly vulnerable
• Spinal cord injuries – Severe impacts can lead to paralysis or long-term disability
• Lacerations and bruises – Often from tripping or colliding with objects
• Internal injuries – If struck by a vehicle, internal bleeding and organ damage may occur

According to the New Jersey Department of Transportation (NJDOT), pedestrian accidents have been rising, involving many distracted individuals.

Legal Options for Victims of Distracted Walking Accidents

If you’ve been injured as a pedestrian in New Jersey, you may be entitled to compensation, even if you were partially at fault.

New Jersey’s Comparative Negligence Law

New Jersey follows a modified comparative negligence rule (N.J.S.A. 2A:15-5.1). This means that even if you were partially responsible for an accident, you may still recover damages—provided you were less than 50% at fault. Your compensation will be reduced by your percentage of fault.

No-fault Insurance and Pedestrian Coverage

New Jersey is a no-fault state for auto insurance, meaning that if you are hit by a car while walking, the driver’s Personal Injury Protection (PIP) coverage can help pay for medical expenses. If you own a car, your own PIP insurance may also cover your medical bills.

Filing a Personal Injury Claim

If a driver was negligent—speeding, distracted, or violating traffic laws—you may have grounds to file a personal injury claim. Compensation may cover:

• Medical expenses
• Lost wages
• Pain and suffering
• Permanent disability

Notable NJ Case Example: In Aronberg v. Tolbert, a New Jersey court ruled in favor of a pedestrian injured by a distracted driver, highlighting the importance of pedestrian vigilance and the driver’s duty of care.

How to Stay Safe as a Pedestrian in NJ

To protect yourself and avoid becoming a statistic, follow these safety guidelines:

1. Stay Alert: Avoid looking at your phone while walking, especially near intersections.
2. Use Crosswalks: Always cross at designated pedestrian crossings.
3. Look Both Ways: Even if the signal is in your favor, check for oncoming traffic before stepping into the street.
4. Make Eye Contact: Ensure that drivers see you before you cross in front of them.
5. Keep the Volume Low: If using headphones, keep the volume low enough to hear surrounding traffic.
6. Wear Reflective Clothing at Night: Visibility is key when walking in low-light conditions.
7. Follow Traffic Signals: Walk only when permitted by pedestrian signals.
8. Be Extra Cautious in High-Traffic Areas: Areas like Newark, Jersey City, and Trenton see high pedestrian and vehicle traffic, increasing accident risks.

Consult with an Attorney

If you’ve been injured due to distracted walking—whether as a pedestrian or a driver involved in a pedestrian accident—you need an experienced personal injury lawyer. The Rosengard Law Group is dedicated to helping accident victims in New Jersey navigate the legal system and recover the compensation they deserve. If you were involved in a personal injury case in Newark City, consult with a Newark personal injury lawyer to protect your rights and explore your legal options.

Contact us today for a free consultation. Call (856) 284-6446 or visit our website to discuss your legal options. Your safety matters, and if you’ve been injured, we are here to help.