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Pedestrian Fatally Struck by Vehicle in Fairview, New Jersey

By Lependorf & Silverstein on August 4, 2021

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Fairview, New Jersey (Monday, July 5th, 2021) – According to police statements, an unidentified male pedestrian was fatally wounded after being struck by a vehicle in Fairview on early Monday morning.

Police Chief Martin Kahn reports that the motorist was traveling northbound on Broad Ave. when he struck the male pedestrian shortly before 4 a.m. Officers eventually tracked down the motorist who had fled the scene on foot.

The motorist, later identified by authorities as Danny Vasquez, was arrested and charged with leaving the scene of a fatal accident as well as endangering the safety and well-being of the victim.

Based on an affidavit of probable cause, once Vasquez fled the scene, it is reported that he went to a relative’s home in New York. He had left his wallet and phone behind in the vehicle. Vasquez ultimately contacted authorities to let them know that he was involved in the car accident and that he left his belongings behind.

Police Chief Kahn has stated that the coroner’s office is attempting to identify the deceased victim through fingerprint analysis. No further information regarding this case is available at this time. Police Chief Kahn deferred all further inquiries to the Prosecutor’s Office in Bergen County.

Based on New Jersey State laws, pedestrians have a right of way when they are using marked crosswalks. When crosswalks are not provided, pedestrians still have the right of way on intersections. Even when there are no intersections or crosswalks, however, New Jersey motorists are expected to drive with caution and avoid harming those they share the road with.

Unfortunately, pedestrian accidents are happening at alarming rates throughout the nation, and most of these accidents occur as a result of a driver’s carelessness, inattention, or negligence. According to the National Highway Traffic Safety Administration, although most of the country was under lockdown as a result of the Covid-19 pandemic, thousands of people still lost their lives as a result of traffic accidents. In spite of the pandemic, traffic accident-related deaths rose approximately 7 percent from the reported fatalities in 2019. In 2020 alone, 6,205 pedestrians lost their lives in traffic accidents across the country.

When a person loses his or her life as a result of the reckless, careless, or wrongful actions of another, the victim’s immediate relatives can seek financial compensation through a wrongful death claim to recover damages. Through a wrongful death claim, financial damages that can be recovered include, but are not limited to: a loss of financial support from the deceased, funeral expenses, medical expenses, and a loss of emotional support.

Filing a wrongful death claim can be a difficult process for most families. Based on New Jersey’s wrongful death laws, only certain relatives are eligible to file a claim. Also, in order to file a successful case, the claim will need to establish the defendant’s negligence, causation, and actual losses the decedent’s survivors have suffered.

Negligence happens at any time the at-fault party has neglected the duty of care owed to another person. In a pedestrian accident caused by a reckless driver, for example, negligence can include speeding, driving while intoxicated, or running red lights.

In order to prove causation, the claim will need to show evidence that the victim would not have lost his or her life had the defendant not committed a negligent action. It is necessary to prove that the defendant’s negligence was a direct cause of the victim’s death.

Finally, the victim’s survivors seeking compensation will need to demonstrate that they have sustained actual damages that were caused by the tragic death. This may include proof of the medical bills, loss of the victim’s wages, and emotional harm.

If you have recently lost a loved one in a tragic pedestrian accident, it is necessary to obtain the support of a qualified wrongful death attorney who is proficient in pedestrian accident cases. At Lependorf & Silverstein, P.C., helping families through a wrongful death claim is a top priority. The proficient team at Lependorf & Silverstein, P.C. will manage the investigation of your case, file the claim on your behalf, and litigate if necessary. Consider scheduling a no-obligation consultation with Lependorf & Silverstein, P.C. today.

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Posted in: Pedestrian Accident

The firm’s principals, Gabriel R. Lependorf and David E. Silverstein, have each been representing injured victims in the State of New Jersey for over twenty years.

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