In a busy state such as New Jersey, pedestrians are at risk of being hit and injured in car accidents while walking in a crosswalk. Unfortunately, these kinds of accidents happen in crosswalks and typically cause serious injuries, even death.
Even non-fatal injuries sustained in pedestrian accidents in a crosswalk can have a life-lasting impact on the victim. Some become permanently disabled or lose their ability to work. This is why, after suffering injuries in a crosswalk, you should seek legal advice first. A NJ pedestrian accident attorney can help determine who is liable for your injuries and pursue fair compensation on your behalf.
Have you or a loved one been injured in a New Jersey pedestrian accident? Call Brandon J. Broderick, Attorney at Law to discuss your case and find out how we can help.
Common Causes of Pedestrian Accidents
Negligence is the root cause of pedestrian accidents, as it is in the vast majority of car accidents. When drivers do not follow traffic laws, such as failing to yield to a pedestrian in a crosswalk, the pedestrians are usually hurt in the process.
Other reasons why pedestrian accidents occur, include:
- Texting
- Speeding
- Driving under the influence (drugs or alcohol)
- Poor visibility
- Distractions
Unfortunately, during these types of situations, the pedestrian is generally injured seriously. In these accidents, it's important to call the authorities, but most importantly, call for medical help right away.
New Jersey's Right-of-Way Laws
The expectations for both drivers and pedestrians are outlined in New Jersey Statute 39:4-36.
For drivers: A driver is required to "stop and stay stopped for a pedestrian crossing the roadway within any marked crosswalk," as well as “yield the right-of-way to a pedestrian crossing the roadway within an unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise prohibited by a…regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided.”
For pedestrians: A pedestrian can not "suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield." Furthermore, "every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to vehicles."
Despite the statute, a driver could still be found liable if they hit a pedestrian when they have the right of way. So, it's important to speak with a lawyer to determine liability in your specific case.
Settlement Amounts in Pedestrian Accidents in NJ
In any New Jersey accidents, PIP is the first insurance coverage an accident victim will file a claim with. Legally, PIP benefits can only compensate for "economic damages," which includes medical expenses and lost wages due to an injury that prevents the injured individual from working. It will not provide compensation for non-economic damages, such as pain and suffering or emotional distress. Furthermore, there are policy limitations on PIP benefits, with the minimum required coverage being just $15,000.
Working with a personal injury attorney is important when attempting to recover compensation after an accident, especially if:
- Your insurance denies your claim
- Your medical costs exceed your PIP policy
- You are seeking non-economic damages from the other party
When accepting a settlement, you give up the right to further litigate or reopen your claim because it is a legally binding agreement. There is no option to seek more compensation in the event that the settlement amount does not cover your losses fully. An attorney can assess the settlement and the accident's specifics to guarantee that the victim receives proper compensation.
Keep in mind that drivers aren't always entirely at fault when pedestrians are involved in accidents. All pedestrians in New Jersey must adhere to the law governing the right-of-way. Insurance companies will reduce the amount offered in a settlement if the pedestrian is partially to blame for the accident. This could be due to the pedestrian darting out into the roadway in an area not inside a crosswalk, being distracted by texting, or being affected by drugs or alcohol. If you are given a $100,000 settlement, but are around to be 30% at fault as a pedestrian in an accident, your compensation will be reduced to $70,000.
A pedestrian will usually get a higher amount in settlement due to the severity of their injuries.
Your NJ Pedestrian Accident Attorneys at Brandon J. Broderick
A pedestrian accident injury is never something you have to face alone. If you are in need of legal representation, Brandon J. Broderick, Attorney at Law is here to help.
With decades of combined expertise, the accident attorneys on our team know what it takes to win cases.
Contact our staff today to schedule a free consultation. We can assist you in obtaining the compensation that you and your family require and deserve.