Pedestrian Accident Attorneys In New Jersey
If you or someone you know was injured in a pedestrian accident in New Jersey, the attorneys at Parker Waichman LLP may be able to help you recover compensation for your expenses, damages, and injuries. Collecting damages from the party who is allegedly at fault for a pedestrian accident is often complex; however, our attorneys have decades of experience handling accidents claims. In fact, the attorneys at Parker Waichman have a long history of successfully litigating pedestrian accident cases in New Jersey and recovering compensation for its clients.
For years, New Jersey has been the fifth most dangerous state in the United States for pedestrians and has that fifth highest percentage of pedestrian traffic fatalities nationwide. In fact, New Jersey implements a Decoy Program involving plain clothes police officers to pose as pedestrians to catch and ticket drivers who do not yield as a way in which to enforce New Jersey pedestrian accident laws.
New Jersey’s deadliest road is Route 130, followed by Camden County’s Route 30, according to The Courier-Post. Many fatal pedestrian accidents also take place near the Jersey Shore. The U.S. Centers for Disease Control and Prevention (CDC) notes that 150,000 pedestrians are sent to hospital emergency rooms due to motor vehicle crashes.
The agency also points out that pedestrians are 1.5 times likelier of being killed in an accident than are the vehicle’s occupants.
What to do if You are in a Pedestrian Accident
Oftentimes, a pedestrian accident results in an emergency as an unprotected body is unable to withstand the impact of a collision with a multi-ton vehicle. In many cases, pedestrians suffer severe, life-threatening injuries and death. Typical injuries seen include amputations, broken bones, head and spinal cord injuries, internal bleeding, organ damage, nerve damage, torn ligaments and tendons, serious cuts and bruising, and herniated discs.
Seek immediate medical care, regardless of how you feel as the shock and adrenaline rush experienced following an accident may make symptoms difficult to identify. In fact, some injuries may take time to present themselves and waiting may only worsen them.
Determining Fault in Pedestrian Accidents
In a pedestrian accident, determining liability is critical. The New Jersey attorneys at Parker Waichman LLP have handled all types of pedestrian accident claims, including identifying all individuals and entities who are at fault and obtaining compensation for the injured clients.
What is a Pedestrian Accident?
The National Highway Traffic Safety Administration (NHTSA) defines a pedestrian accident as a crash that involves someone who was not in a motor vehicle, pedal cycle, or animal. In New Jersey, if the injured party was on a bicycle or riding a horse, these do not qualify as a pedestrian accident. If the individual was on foot, even if sitting or lying down, that individual is a pedestrian. A pedestrian may be walking, jogging, standing still, or running.
What are the Legal Rights of New Jersey Pedestrians?
Pedestrians are significantly more vulnerable to significant injuries in a crash than individuals inside of a vehicle. In New Jersey, motorists must watch out for, and share the roads with, pedestrians.
Pedestrians who are hit by a motor vehicle tend to suffer from serious injuries or death. Motor vehicles of every type must yield to pedestrians; therefore, when a pedestrian is hit by a motor vehicle, the fault of the accident is typically with the driver. Pedestrians who have suffered a serious injury or who have died may be able to receive compensation in a pedestrian accident lawsuit. Since 2010‚ New Jersey pedestrian accident law mandates all drivers to come to a full stop for pedestrians who are in marked crosswalks.
Pedestrians who have been hit by a vehicle may be able to receive compensation for lost wages or diminished earning ability; medical bills, expected medical bills; pain and suffering; and a diminished quality of life. When a pedestrian is injured, more than one individual may have legal responsibility.
Also, non-vehicular pedestrian accidents happen due to poor road maintenance, sidewalk or parking lot defects, and construction or other debris on walkways. Whether the injury is due to a vehicle or due to a property defect, a pedestrian may recover damages for injuries suffered due to someone else’s negligence.
Driver Actions That Lead to Pedestrian Accidents
Typical driver actions that lead to pedestrian accidents include disobeying traffic signs or signals, disregarding weather or traffic conditions, distracted driving, driving on the sidewalk, driving through a light or a stop sign, driving under the influence of drugs or alcohol, failure to notice a pedestrian, failure to signal when turning, failure to yield the right of way to pedestrians at a crosswalk, turning through a crosswalk, parking, reversing, or speeding.
Pedestrian accidents usually lead to significant injuries such as amputation, brain injury, death, organ damage, and spine injury. The severity of the injury is dependent on car size, speed, and if the driver tried to avoid hitting the pedestrian.
Young children are at greatest risk of being hit by a vehicle given their smaller size. Children are less visible and may behave in unpredictable ways. In fact, the law imposes a greater duty of care on drivers when children are involved. When in the presence of children, drivers must exercise greater care, especially when driving by schools, parks, and residential areas.
A pedestrian must also exercise reasonable care for his or her own safety and care must be proportionate to the danger to be avoided, as well as the reasonably anticipated consequences. Contributory negligence may be assessed against the pedestrian if the pedestrian neglected to exercise such care and contributed to the cause of his or her injuries.
Pedestrians are responsible to pay attention to the “Walk” signal at intersections and other road signals and road signs, not entering and disrupting the flow of traffic, using marked crosswalks, and avoiding running in front of a vehicle and other dangerous activities near motor vehicles.
If You Have Questions About Filing A Pedestrian Accident Lawsuit in New Jersey
The New Jersey pedestrian accident attorneys at Parker Waichman have a long history of successfully fighting accident cases and recovering compensation for their clients. If you or someone you know has been injured due to a New Jersey pedestrian accident, the firm offers legal consultations to individuals with questions about filing a lawsuit. Parker Waichman offers free, no-obligation case evaluations.
For more information, call 1-800-YOURLAWYER (1-800-968-7529).
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