Accidents involving pedestrians are usually a lot more devastating than a standard motor vehicle accident. Many times, these accidents result in serious injuries or even fatalities due to pedestrians not having the same protection as someone riding in a vehicle. Oftentimes, it's because the driver either does not see the pedestrian or the pedestrian does not use a crosswalk. Fortunately, there are legal options for the victim of their family in the event of a death. A negligence lawsuit may be filed to hold the party responsible for injuries or a death.

In the United States, pedestrians killed in motor vehicle accidents reached an all-time high in 2022, with more than 7,500 fatalities -- a number that has continued to climb since 2010.

Recovering damages can be tricky without the help of a NJ pedestrian accident attorney to guide you. We’ll dive deeper into this topic in this article, but consulting an attorney for specific advice is highly encouraged.

You may rely on the attorneys at Brandon J. Broderick, Attorney at Law to help you. We have represented many victims of pedestrian accidents in the past.

Liability in a Pedestrian Accident Case in New Jersey

If you or a loved one were hurt in a pedestrian accident in New Jersey, you may file a claim for damages against the at-fault party on the grounds of negligence. The plaintiff in a negligence case must provide proof, while fault also plays a factor.

The capacity of an injured party to recover damages after a pedestrian accident -- or any other personal injury accident -- depends on who is at fault for the accident. Negligence is the central principle in personal injury law, which holds those responsible for the accident liable for damages.

You have a duty of care to everyone on the road and those not on the road, including pedestrians walking or even bicyclists. No one should intentionally or negligently put another person in harm's way.

Damages are financial compensation you are awarded for suffering an injury due to the negligence of another party. Pain and suffering, other emotional distress, loss of consortium, and even punitive damages can be awarded in addition to actual costs, such as medical expenses and lost wages.

Wrongful death lawsuits use the same standards as negligence cases. Even though the deceased person cannot sue the defendant in court, the purpose of wrongful death cases is to hold them accountable. The plaintiff in a wrongful death suit must therefore establish that the deceased victim would have won a negligence suit against the defendant.

Comparative Negligence Rules

In order to file a claim for damages, you must first establish liability. It's usually the driver, though not always. The pedestrian may be assigned some percent of fault as well.

When it comes to determining fault, New Jersey uses the 51% Rule. No compensation will be awarded if the plaintiff (the injured party) is found to be more than 51% at fault for the accident. The burden of proof rests with the judge or jury in any personal injury case, who will then decide who is at fault and to what percentage.

If the plaintiff was less than 51% at fault for the accident, their compensation will be decreased proportionally. If the percentage is higher than 51%, they will not receive damages, as previously mentioned.

What Damages Can I Recover?

Damages are the financial compensation you will receive if your pedestrian accident case is successful.

The following are examples of what damages often covered:

  • Medical costs
  • Therapies, including rehabilitation
  • Pain and suffering
  • Loss of function of a body part
  • Disfigurement
  • Loss of consortium
  • Lost income

New Jersey's Right of Way Laws

Pedestrian accident victims in New Jersey should be aware of the laws since financial compensation is reduced based on who is at fault in an accident.

New Jersey law (NJ Rev. Stat. § 39:4-36)  states that:

  • The driver must yield right of way to pedestrians in unmarked crosswalks at intersections, as well as at crosswalks when traffic is signaled and if there is a pedestrian tunnel or overhead crossing.
  • When crossing the street, pedestrians must use marked crosswalks. A pedestrian must yield the right of way if there isn't a marked or unmarked crosswalk.

Call Our Law Firm Today If You Are A Victim in a NJ Pedestrian Accident

If you or a loved one were hurt in a pedestrian accident, you can file a claim for damages. Brandon J. Broderick's legal team has helped a large number of New Jersey residents who were injured in pedestrian accidents. We will represent you and pursue compensation from the responsible parties.

Consult with our staff today for free.

Posted by: Brandon J. Bro…
Date: Fri, 09/15/2023 - 16:21

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