New Jersey is infamous for having a high number of pedestrian accidents. Many New Jersey pedestrian accidents result in serious injuries. Victims can be compensated for their injuries by filing lawsuits against liable drivers. However, those who are not aware of their rights may be limited by settlements offered by car insurance policies.
In New Jersey, even though a pedestrian is obviously not operating their vehicle at the time of being struck, the benefits and limitations of his car insurance policy still apply. And if the pedestrian does not have a car, it’s possible to still be covered by a family member’s insurance. Keep in mind, some New Jersey insurance policies do not allow the right to sue for non-economic damages like pain and suffering.
The first step in building your pedestrian accident claim must always be to know the laws of the road. If the driver who hit you violated a law in doing so, it is virtually certain that your claim will be considered valid and will hold up to the scrutiny subjected to it by insurance companies and a court of law.
New Jersey’s right-of-way laws for pedestrians are:
- At crosswalks and intersections: New Jersey Statute 39:4-36 states that drivers must yield to the right-of-way to pedestrians when they are legally crossing the road at an intersection or marked crosswalk. In addition, drivers are required to come to a complete stop when stopping for a pedestrian at a crosswalk.
- Outside crosswalks: Pedestrians are required by law to yield the right-of-way to motorists when they cross the road in the absence of a crosswalk. However, this does not excuse drivers from exercising due diligence to avoid pedestrians in the roadway. A driver can still be found liable if a pedestrian accident occurs as a result of a reckless or negligent action.
Proving Negligence and Collecting Damages in New Jersey
The victim holds the burden of proof with regard to establishing liability. This means that you must be able to show evidence that demonstrates that the other party was at fault. A competent attorney can conduct a thorough investigation of your accident and obtain evidence that will help to prove your claim. This evidence may include police reports, witness statements, expert testimony, or photos.
Depending on the extent of your injuries and strength of your claim, you may be eligible to receive compensation for medical bills, lost wages, pain and suffering, and other damages. Sometimes, there may be more than one party at fault. For instance, a defective roadway or a mechanical malfunction in a car could make a driver lose control of their vehicle, causing a pedestrian accident.
Get The Representation You Need Now
If you or a loved one has been injured in a pedestrian accident, it’s in your best interest to obtain information and resources that will help determine the best course of action. To discuss the details of your case with an attorney you can rely on, contact us today.