A Deepening Crisis on NJ Roads—Why Families of Victims May Be Entitled to Compensation After Fatal Accidents

New Jersey ended 2024 with one of the deadliest records for pedestrians in over three decades. According to newly released data from the New Jersey State Police (NJSP), 221 pedestrians died in traffic-related incidents last year, marking the highest total since 1988. In total, 687 people were killed in 650 fatal crashes, representing a 13.4 percent increase in traffic deaths compared to the previous year.

While all categories of roadway users faced increased danger, pedestrians suffered the brunt of the crisis. From reckless driving to impaired motorists, the surge in preventable fatalities continues to devastate families and communities across the state. These deaths are more than statistics—they represent a public safety emergency requiring accountability.

What’s Fueling the Increase in Deadly Crashes in New Jersey?

State officials and public safety advocates have identified several contributing factors to the surge in traffic fatalities:

  • Impaired driving: Despite a decrease in confirmed alcohol-related deaths in 2023, 31% of drivers in fatal crashes still tested positive for alcohol, marijuana, or other substances.
  • Speeding: Speed remains a primary cause of severe and fatal crashes, especially in urban areas and along major New Jersey corridors.
  • Distracted driving: Cell phone use and other forms of distraction behind the wheel continue to pose a major threat to all road users.
  • Driver negligence in high-pedestrian areas: Intersections, crosswalks, and school zones remain hot spots for pedestrian injury and death.

These behavioral patterns suggest that systemic negligence and lack of enforcement may be exacerbating an already dire situation.

Pedestrian Deaths by the Numbers: A Multi-Year Comparison

Examining NJSP data over recent years helps highlight just how severe 2024 was for pedestrians:

  • 2024: 218 pedestrian deaths
  • 2023: 171 pedestrian deaths
  • 2022: 191 pedestrian deaths
  • 2021: 217 pedestrian deaths

The sharp rise from 2023 to 2024 marks a troubling reversal after earlier signs of improvement. Families deserve answers, and when those answers reveal driver negligence, they may also deserve justice.

Legal Options for Families Affected by Pedestrian Fatalities in New Jersey

When a pedestrian is killed in a traffic crash, their surviving family members may have grounds to file a wrongful death claim. Under New Jersey law, these civil actions allow close relatives to pursue financial compensation from the at-fault party.

Potential recoverable damages include:

  • Funeral and burial expenses
  • Lost financial support and household contributions
  • Loss of companionship and emotional suffering
  • Medical expenses related to the incident

In some cases, punitive damages may also be available if the driver acted with extreme recklessness, such as in drunk driving crashes.

Can You Sue for a Fatal Pedestrian Crash Caused by a Distracted or Drunk Driver?

Yes. If the driver was under the influence or distracted at the time of the crash, that evidence can form the foundation of a strong wrongful death case. New Jersey law holds negligent drivers financially liable when their behavior causes harm to others. Law enforcement investigations, traffic camera footage, eyewitness testimony, and toxicology reports can all be used to support these civil claims.

Even when the driver faces criminal charges, a civil lawsuit is a separate process, and it gives families the ability to recover compensation directly.

How Civil Lawsuits Help Victims and Push for Safer Roads

Wrongful death lawsuits serve a dual purpose. They provide financial support to grieving families and also help hold dangerous drivers accountable. When civil courts impose financial consequences, it creates pressure on insurers and state agencies to improve traffic safety, signage, infrastructure, and enforcement.

Additionally, successful claims encourage municipalities to address high-risk intersections, update pedestrian infrastructure, and strengthen impaired driving laws.

Why Acting Quickly Matters in Fatal Pedestrian Crash Cases

New Jersey imposes strict time limits on filing wrongful death claims. In most cases, the statute of limitations is two years from the date of the fatal crash. Failing to file within this window can result in your case being permanently barred.

Gathering evidence quickly—such as accident scene photos, medical records, police reports, and eyewitness statements—can make a major difference in the outcome of a claim. Speaking with a personal injury attorney as soon as possible ensures you don’t miss key deadlines.

New Jersey Wrongful Death Lawsuit FAQs

What is a wrongful death lawsuit in New Jersey? A wrongful death lawsuit is a civil action brought by surviving family members when a person dies due to someone else’s negligent or reckless conduct. In pedestrian death cases, this often involves suing a driver who caused the crash. The lawsuit can seek damages for funeral costs, lost income, and emotional suffering.

Who can file a wrongful death claim in New Jersey? Under New Jersey law, a wrongful death claim can be filed by the executor or personal representative of the deceased’s estate. The financial beneficiaries typically include the deceased’s spouse, children, or parents. If none of these exist, other relatives who depended on the victim financially may be eligible.

Can I sue even if the driver was not criminally charged? Yes. A civil lawsuit is independent of the criminal justice process. Even if the driver avoids prosecution or conviction, you may still file a lawsuit and hold them accountable in civil court. The burden of proof in civil cases is lower than in criminal trials.

What compensation can I recover in a fatal pedestrian crash case? Compensation may include medical bills, funeral expenses, lost financial support, and non-economic damages such as emotional pain and loss of companionship. In some cases, punitive damages may be awarded if the driver’s actions were egregiously reckless.

How long do I have to file a wrongful death claim in New Jersey? The statute of limitations in New Jersey is two years from the date of the pedestrian’s death. It’s important to consult a qualified attorney as soon as possible to protect your legal rights and begin building a strong case.

Contact Parker Waichman LLP For A Free Case Review

If someone you love was tragically killed in a pedestrian crash in New Jersey, legal options are available. Parker Waichman LLP is a national personal injury law firm that helps families recover compensation after fatal traffic accidents. Our team understands the devastating impact these incidents have on loved ones. We offer free consultations to help you understand your legal rights and potential case. Call 1-800-YOUR-LAWYER (1-800-968-7529) today to speak with a compassionate attorney. Time limits apply, so don’t wait to take action and protect your family’s future.

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