Delivery workers may be “professional drivers,” but they are also capable of serious recklessness behind the wheel. Some might say that the delivery industry incentivizes this recklessness, rewarding drivers who complete their trips as quickly as possible. The average New Jersey town or city is filled with delivery vans, and these vehicles often get into auto accidents in New Jersey. Perhaps the most serious incidents involve pedestrians, and a recent collision left a New Jersey resident dead. The vehicle that struck this individual was owned and operated by FedEx, and there are still many unanswered questions. 

Pedestrian Killed “While Trying to Cross” 

FedEx Van Strikes and Kills New Jersey PedestrianIn June of 2024, NJ reported that a pedestrian had been struck and killed by a FedEx van while trying to cross a road in Mercer County. The accident occurred at about 10 PM under questionable circumstances. Police did not reveal whether he was crossing within a crosswalk, or whether he was “jaywalking.” The only real information is that the man was pronounced dead by first responders once they arrived at the scene. With that said, it seems unlikely that the pedestrian was using a crosswalk – as the accident seems to have occurred on a highway section. 

Nevertheless, police are treating this incident as an ongoing investigation. More information could come to light, and there may be more to this story than it seems. FedEx was apparently reached for a comment but neglected to respond. If nothing else, this crash shows how dangerous delivery vans can be – and how vulnerable pedestrians are in New Jersey. This is especially true in the middle of the night, as there is poor visibility in these situations. 

Can I Still Sue if I Was Jaywalking in New Jersey?

Jaywalking is a minor traffic offense in New Jersey. Although you are unlikely to receive a fine for crossing the road illegally, it is still technically “against the law.” That being said, injured plaintiffs may wish to think carefully before dismissing the possibility of a lawsuit. Even if you were jaywalking when you were struck, it might still be possible to file a lawsuit against the driver. 

This is due to New Jersey’s “comparative negligence” system, which allows you to sue even if you were partially responsible for your own injuries. However, your fault must not be higher than that of the driver. If your level of fault is higher, New Jersey’s “modified” doctrine comes into play – and you cannot file a lawsuit. 

Even if you sue despite being partially responsible for your accident, you would receive less than the “default” compensation amount. Your compensation is reduced based on your level of fault. For example, you might have been 25% at fault for crossing outside of a crosswalk. If this is the case, you would only receive 75% of the normal compensation. If you were 49% at fault, you would only receive 51% of the normal compensation. 

Of course, you may not need to establish fault at all. As long as you have valid car insurance, you can file a no-fault claim with your own insurer after your pedestrian accident. This could be the only source of compensation if you experienced a hit-and-run. New Jersey is one of the few “no-fault” states, and this could prove crucial as you seek to cover your medical bills and missed wages. 

Can I Sue FedEx for a Pedestrian Injury?

You can sue FedEx, UPS, Amazon, and even the United States Postal Service for pedestrian injuries. As long as you can prove that the driver of the vehicle was more than 50% responsible for your accident, you should be able to sue the company. While you might assume that suing the individual driver makes more sense, these delivery companies have comprehensive insurance coverage. 

On the other hand, the average Amazon delivery driver may have very few assets. Suing a company directly can help you cover your various damages, and you may receive the compensation you need through private settlement negotiations. In other words, there may be no need to go to court. 

Find an Experienced Pedestrian Accident Lawyer in New Jersey

If you have been searching for an experienced New Jersey pedestrian accident lawyer, look no further than Lependorf & Silverstein. We know how tragic pedestrian accidents can be – especially for grieving families. If your loved one died as a result of a reckless delivery driver, you have every right to consider your legal options. It may be possible to hold the delivery company accountable for the damage they have done. Reach out today to learn more about your legal options

The firm’s principals, Gabriel R. Lependorf and David E. Silverstein, have each been representing injured victims in the State of New Jersey for over thirty years.

Call Our Office At (609) 240-0040 Today for Help