New Jersey Pedestrian Accident Lawyer
Motor vehicles are a part of our everyday lives, but they can also cause serious injury, particularly when one person is in a vehicle and hits someone who is walking on foot. If you were hit by a vehicle while walking, a New Jersey pedestrian accident lawyer can help you understand your rights and seek payment for your injuries and losses. A personal injury attorney with experience in pedestrian accidents knows how to navigate the legal process and advocate for your best interests.
Understanding Pedestrian Accident Laws
Pedestrian accidents are governed by a set of specific laws that are aimed at protecting those on foot. N.J. Rev. Stat. § 39:4-36 requires drivers to stop for pedestrians in marked crosswalks and yield the right of way to those pedestrians. If a driver fails to follow these rules and causes an accident, they can be held liable for the pedestrian’s injuries.
Of course, drivers are not the only ones with responsibilities. Pedestrians have responsibilities, too. By law, they must obey traffic signals and use crosswalks when they are available. If a pedestrian is injured while crossing outside of a crosswalk or against a signal, their compensation might be reduced under the state’s comparative negligence rule. This rule means that if the pedestrian is found partially at fault, their compensation will be reduced by their percentage of fault. If the pedestrian is over 50 percent at fault, they might recover nothing for their injuries.
New Jersey’s no-fault insurance system can also complicate pedestrian accident cases. In some instances, the pedestrian’s own personal injury protection insurance might cover medical costs first, even if a driver was at fault. A New Jersey attorney could help a person understand the laws that may affect their pedestrian accident claim.
What are the Common Causes of Pedestrian Accidents?
Pedestrian accidents can happen in a variety of ways, but most cases involve some sort of driver inattention. They can also involve speeding, drunk driving, or poorly designed intersections. Each type of case might involve a different scope of investigation.
Since many of these accidents involve drivers who have violated the law, they often also involve police reports as well. The driver’s criminal case and the information uncovered might have an impact on an injured pedestrian’s claims for damages. An experienced New Jersey attorney understands how the criminal case might impact a pedestrian accident lawsuit.
The Role of a Pedestrian Accident Lawyer
A New Jersey pedestrian accident lawyer plays a crucial role in helping injured individuals seek justice for their losses. They investigate cases, identify the applicable law, and guide the injured person through the legal process. Their work often includes negotiating with insurance companies, gathering evidence, and representing a person in court if necessary.
Oftentimes, an attorney in these cases is first focused on negotiating with the driver’s insurance company. In cases where the insurance company disputes the claim, the lawyer will advocate for a person’s claim and rights. They understand the tactics that insurance companies use to reduce payouts and will work to secure fair compensation. This compensation can cover medical bills, lost wages, pain, and suffering.
What Steps Should I Take After a Pedestrian Accident in New Jersey?
The steps you take after a pedestrian accident can affect both your health and your ability to pursue compensation. Consider the following after a collision:
Get Medical Attention
Seek medical care as soon as possible after the accident. A vehicle can cause serious injuries even at relatively low speeds, so seeing a doctor right away could improve your chances of a full recovery.
Report the Accident
You need to call the police and report the crash immediately. Officers can document the location, identify the driver and witnesses, and record other information about the accident. These reports could be invaluable for your legal team as they prepare for your personal injury claim.
Document the Scene
If your injuries allow, take photographs as much as you can at the crash site. This includes the scene, the vehicle that struck you, and even your injuries. You should also get contact information for any witnesses who saw the crash unfold.
Speak With an Attorney
Consider contacting a New Jersey pedestrian accident attorney before accepting a settlement or providing detailed statements to an insurance company. An attorney can investigate the crash, preserve evidence, identify potentially liable parties, and calculate the damages available through your claim.
Who May Be Liable for a Pedestrian Accident?
There could be a number of different parties to blame for a pedestrian accident. They include the following:
A Negligent Driver
Drivers cause many pedestrian accidents due to dangerous conduct like speeding or ignoring traffic signals. A driver who fails to use reasonable care may bear financial responsibility for the injuries caused by the collision.
A Driver’s Employer
An employer may face liability in some accidents involving employees who were performing job duties at the time of the crash. For example, this issue can arise after a pedestrian gets hit by a delivery driver or another commercial driver acting within the scope of employment.
A Government Entity
Dangerous road conditions may contribute to some pedestrian crashes. When these roads are poorly maintained or designed, the government could ultimately be on the hook for crashes when they happen.
Pedestrian Rules and Crosswalk Duties
New Jersey law places duties on both drivers and pedestrians. Under N.J.S.A. 39:4-36, drivers generally must stop and remain stopped for pedestrians crossing within marked crosswalks under the conditions specified by the statute. Drivers must also yield to pedestrians crossing within unmarked crosswalks at intersections in situations not controlled by traffic signals or officers.
Pedestrians also have responsibilities. You cannot suddenly leave a curb and enter the path of a vehicle that is too close for the driver to safely stop or yield. If you cross outside a marked crosswalk or an unmarked crosswalk at an intersection, you generally must yield to vehicles. At signal-controlled crossings, pedestrians must also obey applicable traffic signals.
Common Injuries From Pedestrian Accidents
Some of the most common pedestrian accident injuries include the following:
Some injuries heal with treatment and rehabilitation, while others can cause permanent limitations that affect your ability to work and live independently. Our New Jersey pedestrian accident attorneys could help you seek compensation for these conditions.
Call a Practiced Pedestrian Accident Attorney in New Jersey
If you were injured in a pedestrian accident, you do not have to go through the legal process alone. A New Jersey pedestrian accident lawyer could help you pursue the compensation you deserve and navigate dealing with insurance companies and, if necessary, the courts. If you think you have a case, seek legal advice as soon as possible. Contact GGL today to start building your case.
