Pedestrian accidents and fatalities are on the rise not only in New Jersey but also in other parts of the country, like Florida. In fact, according to Smart Growth America’s 2021 Dangerous by Design report, 9 of the 15 most dangerous cities for pedestrians in the U.S are in Florida, with the Tampa area ranked 8th.
If you’re injured in a car accident as a pedestrian it may be confusing to understand who will cover your losses. Florida, New Jersey and New York are all no fault insurance states, which matters when determining who pays for medical expenses in a pedestrian accident.
Causes of Pedestrian Accidents
In a pedestrian accident, the driver of the vehicle is usually considered to be at fault, whether or not the pedestrian was in a crosswalk. Ultimately, drivers owe a special duty of care to pedestrians and must operate their vehicles responsibly and safely. Common causes of pedestrian accidents include:
- Drunk driving
- Distracted driving
- Speeding
- Aggressive driving
According to the CDC, most fatal pedestrian accidents occur in urban areas at night, not in an intersection. Additionally, children and older adults are more at risk of a fatal pedestrian accident.
Compensation for Medical Expenses and Other Losses in a Pedestrian Accident
As no-fault insurance states, New Jersey, New York and Florida have laws and protocols around pedestrian and car accidents that may be surprising. In these states, all motor vehicle owners are required to purchase Personal Injury Protection (PIP) in order to register a vehicle. If you own a vehicle and thus have PIP coverage, the first insurer to cover your medical bills would be your own PIP coverage, even if your car was not involved in the accident.
If you don’t have PIP coverage on your own auto insurance policy, the PIP policy of a family member that you live with could apply. If that’s not possible and you don’t have auto insurance, the next in line for coverage would be the driver of the vehicle that hit you. Their own PIP coverage and possibly liability coverage would apply, depending on the circumstances.
If injuries are severe, which is often the case in pedestrian accidents, PIP coverage and its limitations may not come close to covering the medical bills associated with your injuries. Or, your insurer may be disputing your injuries or your account of the accident. In these cases, it's best to speak with a personal injury lawyer who can look at your case and advise you of options.
In the case of a negligent driver, the driver can be held responsible for your medical expenses, as well as damages for lost wages, pain and suffering, emotional suffering, loss of life enjoyment, loss of consortium, and wrongful death. A personal injury attorney can build a case and advocate for fair compensation for your losses. If you believe there is negligence on the part of any of the drivers in the accident, you should contact an injury attorney who specializes in pedestrian accident claims to discuss pursuing a claim or lawsuit for the accident.
Brandon J. Broderick, Personal Injury Lawyers
Working with an attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from Brandon J. Broderick, you are assured a passionate team fighting for your best interest and putting your needs first. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.
Contact Brandon J. Broderick, Attorney, at Law, for a free consultation. With our proven track record of success with car accident settlements and our commitment to client care, we can turn your setback into a comeback.
We have locations in New Jersey, New York and Florida.