New Jersey Pedestrian Accident Attorneys
Understanding New Jersey's Right-of-Way Laws
Knowing the laws of the road is the first step to building your pedestrian accident claim. If the driver who hit you committed a legal violation in the process, then it is a near guarantee that your claim is valid and will hold up under scrutiny by the insurance company and the court.
New Jersey's right-of-way laws regarding pedestrians are as follows:
- At crosswalks and intersections: Under New Jersey Statute 39:4-36, drivers must yield the right-of-way to pedestrians who are legally crossing the road at an intersection or in a marked crosswalk. Furthermore, drivers must come to a complete stop at crosswalks when pedestrians are on the roadway. Pedestrians, however, are not allowed to dart into the roadway.
- Outside crosswalks: Pedestrians are legally required to yield the right-of-way to motorists when trying to cross where there is no crosswalk. That does not excuse drivers from exercising due care to avoid pedestrians who are in the roadway. A driver may still be found at-fault if a pedestrian accident is the direct result of reckless or negligent action.
Failing to understand and obey these right-of-way laws can have tragic consequences.
If you or a loved one has been injured in a pedestrian accident caused by another party, please reach out to the experienced NJ personal injury lawyers at Lependorf & Silverstein, P.C. We can help you file an injury claim or lawsuit in pursuit of full and fair compensation for the damages you have suffered. To learn more about your rights and legal options, call us today at (609) 240-0040 for a free informative consultation.
Proving Negligence, Collecting Damages in NJ
As the victim, you actually have the burden of proof when it comes to establishing liability. In other words, you must be able to show evidence that the other party was at fault. A resourceful attorney can conduct a thorough investigation of the circumstances of your walking or jogging accident in order to identify and retain evidence that could serve to prove your claim. Such evidence may include police and medical reports, witness statements, expert testimony, photos and video footage and other documents.
Depending on the extent of your injuries and the strength of your claim, you may receive compensation for medical bills, lost wages, loss of future income, pain and suffering and other damages. In some cases, there may be multiple causes and parties at-fault. For example, a defective roadway or car malfunction may make a driver lose control of their vehicle, which may lead to a pedestrian accident.
New Jersey Pedestrian Accident Attorneys Protecting Victims
Anyone who has been injured in a pedestrian accident would be well advised to obtain information and resources that will help protect their rights and best interests. To discuss your particular situation with an attorney you can rely on, contact the legal team at Lependorf & Silverstein, P.C. You can also learn more about the firm by visiting our Client Reviews and About Us pages.
Our New Jersey Pedestrian Accident Verdicts and Settlements
- $4.85 Million - Awarded to a pedestrian who sustained catastrophic injuries after being hit by a drunk driver
- $875,000 - The estate of pedestrian struck and killed by automobile
- $500,000 - Awarded to the Estate of a Pennington woman who succumbed to injuries sustained in a collision with a Toyota Corolla.
- $370,000 - Awarded to a Millburn High School senior who was struck by a BMW and sustained serious head injuries.
Please note that each case is unique. To learn more about what your case may be worth, please schedule a free consultation with us today. Click here for more verdicts and settlements.
Legal Options for Pedestrian Victims of Hit & Runs
As a pedestrian, you've got to watch your back at all times. Too many drivers on the road are distracted, chemically impaired, or just extremely careless. If a pedestrian is hit by a motor vehicle and suffers injuries, they are entitled to compensation from the driver at fault. If the driver flees the scene of the accident and is not identified and apprehended by authorities, they have denied the injured pedestrian their right to recover their losses.
NJ Law on Hit and Run Accidents
The State of New Jersey considers it a serious violation to leave the scene of an accident that causes injury. The law states that any driver involved in an injury accident must remain on the scene to render aid to the injured, as well as waiting for police to come and make a report. To hit a pedestrian and leave them with potentially fatal injuries instead of calling 911 is a heinous criminal act.
How Can I Get Compensation for My Injuries and Losses in NJ?
First of all, don't panic. We understand your concern over your mounting medical bills and lost wages, but the attorneys at Lependorf & Silverstein, P.C. are here to help. It's more than likely that the best source of coverage as a pedestrian injured by a hit and run driver is through your own auto insurance policy. If you have uninsured or underinsured motorist insurance coverage (UIM), it will cover you as a pedestrian in a hit and run accident. It is a good idea to maximize the amount of UIM insurance you carry for adequate coverage in the event that such an accident occurs. If you don't have UIM, it is strongly urged that you get it.
You may also get compensation for your injuries if you have Personal Injury Protection (PIP) on your auto insurance policy. If you don't have PIP coverage, it is highly recommended that you have it added to your policy.
Other Options for Pedestrians Injured in New Jersey
If it can be proven that a roadway condition caused or contributed to the accident that caused your injury, you may be able to get compensation from the municipality or other entity charged with maintaining the roadway. This roadway condition could include; a pothole, poorly designed traffic engineering, an ill placed turn signal or traffic sign, a non-functioning or poorly functioning traffic signal, a sign or traffic signal obscured by brush or trees, or just poor street lighting.
Get the Help You Need
Hit and run accident cases can be very complicated because there is no defendant and insurance companies are always reluctant to pay victims the settlement they deserve. Also, many municipalities and governments are protected from lawsuits or have low damage caps that limit the amount of compensation you can collect. This is why you need an experienced and aggressive NJ pedestrian accident attorney to handle your case. Call the legal team at Princeton's Lependorf & Silverstein, P.C. at (609) 240-0040 for a free consultation.
How Will I Pay My Fee?
No need to worry. At Lependorf & Silverstein, P.C., we charge no fees up front, and will collect no fees unless we win you a settlement.
To find out more about your legal rights and options as an injured pedestrian, contact the attorneys of Lependorf & Silverstein, P.C. For over 20 years, the attorneys at Lependorf & Silverstein, P.C. have fought for the rights of injury victims in NJ, winning them substantial settlements.
A: Over the years, Lependorf & Silverstein, P.C. has handled many New Jersey pedestrian accident cases. Here are the most common injuries our clients have reported:
- Broken/fractured bones
- Cuts and bruises
- Spinal cord damage
- Neck injuries
- Head injuries
- Brain damage
- Wrongful death
A: Determining fault in a pedestrian accident can be difficult. An experienced New Jersey car accident attorney can investigate all the details of your accident to determine who was responsible.
A: Most pedestrian accidents are found to be caused by the actions of negligent drivers. Here are the most common dangerous acts drivers commit that lead to pedestrian accidents:
- Failing to observe speed limits
- Failing to follow traffic signs or signals
- Driving too fast or negligently for weather or traffic conditions
- Distracted driving
- Failing to yield to pedestrians at crosswalks
- Failing to signal before turning
- Driving under the influence of alcohol or drugs
- Poorly designed or maintained crosswalks
A: Pedestrians are expected to use care to keep themselves safe while crossing streets. In some pedestrian accident cases, the actions of the pedestrian are found to be a factor in the cause their injury.
New Jersey operates under a "comparative fault" system when handling personal injury claims. In a comparative fault system, the injured person DOES NOT have to prove that the driver who struck them was completely 100 percent at fault for the accident to secure a settlement. As long as the driver was found to be more than 50 percent at fault for the accident, the injured person may be able to collect damages.
For example: a pedestrian was hit by a car and their damages (medical bills, lost wages, etc.) added up to $100,000. If the court decides that the pedestrians actions added up to 10 percent of the responsibility for the crash, the potential damages they can be awarded will be reduced by 10 percent. This means the injured person would be able to collect a maximum amount of $90,000.
A: A pedestrian injury accident case can get complex. You're not only dealing with your injuries, but also the negligent driver and their insurance company. And remember: insurance companies, even your own, are not really on your side. They are businesses who do better when they offer injured people lower settlements or reject claims altogether. Don't ever let that happen to you. Lependorf & Silverstein, P.C. can fight insurance companies to get you the financial settlement you need to heal and move on with your life. Call our offices today, at (609) 240-0040 to schedule a free consultation.
- Pedestrian Accident Blogs
- Understanding Pedestrian Right of Way
- Pedestrian Traffic Safety Facts
- Pedestrian Safety
- Pedestrian Safety - Department of Law & Public Safety
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