In the age of smartphones and nonstop connectivity, distracted walking has become a growing safety concern—especially in busy urban areas like New Jersey. While drivers are often held responsible in pedestrian accidents, questions are increasingly being raised about whether pedestrians who aren't paying attention can share some of the blame. Can a pedestrian injured in a crash be held partially or fully liable? The answer could directly affect the outcome of a personal injury claim.

Learn how New Jersey law treats distracted walking accidents, what it means for pedestrian accident liability, and how injury claims may be affected when a pedestrian was distracted at the time of the incident in the article below.

What Is Distracted Walking?

Distracted walking occurs when a pedestrian is not fully aware of their surroundings, typically due to the use of a mobile device. Common behaviors include:

  • Texting while crossing the street
  • Browsing social media while walking near traffic
  • Wearing headphones and being unaware of oncoming vehicles
  • Looking at GPS or maps instead of traffic signals or crosswalks

These habits may seem harmless, but they can be just as dangerous as distracted driving—especially when crossing busy intersections or walking near driveways and parking lots.

New Jersey Law and Comparative Negligence

New Jersey follows a legal principle called "modified comparative negligence." Under this rule, a person injured in a pedestrian accident may still recover damages even if they were partially at fault, as long as they were not more than 50% responsible for the accident.

This means a distracted pedestrian could still file a personal injury claim if a driver hit them—but their compensation may be reduced by the percentage of fault assigned to them.

Example: If a pedestrian was 30% responsible for a distracted walking accident and their damages totaled $100,000, they would only be able to recover $70,000.

When Pedestrians May Be Found Liable For Distracted Walking Accidents in New Jersey

Pedestrians in New Jersey are expected to follow the rules of the road just like drivers. This includes:

When pedestrians ignore these rules and an accident occurs, they may be found partially or fully liable. Distracted walking can exacerbate the issue—especially when it causes a pedestrian to walk into traffic or miss important visual cues.

Shared Fault in a NJ Pedestrian Accident Injury Claim

Establishing fault in a pedestrian accident isn't always clear-cut. Often, both the pedestrian and driver share some degree of responsibility. Factors that may be evaluated include:

  • Whether the pedestrian was using a crosswalk
  • Whether they were obeying signals
  • If the driver was speeding, distracted, or intoxicated
  • Whether visibility or weather played a role

Even if a pedestrian was distracted, drivers still have a duty to exercise caution—particularly in areas where pedestrian activity is expected. This shared duty of care is why it's possible for both parties to carry partial responsibility.

How Distracted Walking Affects an Injury Claim

From a legal perspective, distracted walking can make an injury claim more difficult but not impossible. A skilled pedestrian accident attorney will work to:

  • Investigate the scene and collect witness statements
  • Obtain surveillance footage or dash cam video
  • Evaluate whether the driver was also negligent
  • Counter any claims that the pedestrian was fully at fault

Insurance companies often try to reduce payouts by placing blame on the injured pedestrian. That’s why it’s essential to have legal representation that understands how to handle these types of cases.

Tips for Pedestrians to Stay Safe in New Jersey

To reduce the risk of a distracted walking accident, pedestrians in New Jersey should:

  • Avoid texting or looking at their phones when crossing streets
  • Remove headphones or lower volume near intersections
  • Obey all traffic signals and use crosswalks
  • Make eye contact with drivers before crossing

Practicing good pedestrian safety can help avoid accidents and strengthen any future injury claims if something does go wrong.

Legal Help After a Pedestrian Accident in NJ

Whether you were walking in a crosswalk, parking lot, or residential neighborhood, being struck by a vehicle can result in serious injuries and unexpected medical bills. If distracted walking is alleged as a factor, your case may become more complicated—but that doesn’t mean you're without legal options.

A pedestrian accident lawyer can review the facts of your case, determine liability, and help you pursue the compensation you deserve. Your injury claim may still be valid, even if you weren’t entirely focused when the incident happened.

Call Brandon J. Broderick For Legal Help

At Brandon J. Broderick, Attorney at Law, we understand that pedestrian accidents are not always black and white. If you've been injured in a distracted walking accident in New Jersey, we can help you navigate the complexities of your case and fight for the outcome you deserve.

Reach out today for a free consultation. Don’t wait—get the legal guidance you need to move forward with confidence.

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