Pedestrian accidents are some of the most devastating. Vehicle versus human almost always results in serious injuries. In New Jersey, especially just outside New York City, the streets and sidewalks are hustling and bustling with cars and people.
Whether you were crossing in a marked crosswalk, strolling down the sidewalk, walking through a parking lot, or exiting your vehicle, you may be left with severe injury, substantial medical bills, and emotional trauma if a motor vehicle struck you. Our New Jersey pedestrian accident lawyer can help you get the justice you deserve.
A seasoned New Jersey pedestrian accident attorney can guide you through the confusion and uncertainty of the moments and months following your pedestrian accident. Best Lawyers Magazine recognized our pedestrian accident law firm in 2023. Let us help you get started on your legal claim today.
Pedestrian Accident Claims
A pedestrian accident claim arises when a motor vehicle (e.g., car, truck, bus, or motorcycle) strikes a person on foot. Pedestrian accidents are not limited to those wild news stories about a car losing control and driving onto a sidewalk. They are much more common than you might think, especially in heavily populated areas. While a pedestrian accident can occur in any location shared by pedestrians and vehicles, there are three familiar places for pedestrian incidents.
Crosswalks
It may seem counterintuitive, given that they are designated safe crossing locations, but crosswalks are among the most common places for pedestrian accidents. Crosswalk accidents can happen when a driver fails to yield to a crossing individual when making a turn. They also occur if a driver runs a red light or fails to stop at a stop sign.
Parking Lots
Parking lots are one of the most common places for pedestrian accidents. Parking lots can be busy, have high car and pedestrian traffic, and have several entrances and exits. Cars and people often travel in several directions throughout a parking lot, and many people will unintentionally let their guard down. Parking lot pedestrian accidents commonly occur when cars are backing out or pulling into parking spots.
Sidewalks
Even though sidewalks are designated as safe locations for pedestrians to walk, jog, or run, accidents happen here, too. If a driver is distracted behind the wheel, the vehicle malfunctions (e.g., brakes fail), or a driver has a medical emergency while driving, the car can strike pedestrians, often at a high rate of speed. These accidents can be particularly devastating and tragic.
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Common Causes of Pedestrian Accidents
There can be many reasons or causes of pedestrian accidents. However, there are specific scenarios that we routinely see. Five common causes of pedestrian accidents include:
Distracted driving—any time a driver takes attention away from the road (e.g., texting, applying makeup), it increases the likelihood of an accident and not seeing a pedestrian in their path;
Poor road conditions—no designated crosswalks, uneven pavement, or poor lighting can make pedestrians vulnerable;
Driving under the influence—alcohol or drugs impair a driver’s vision and diminish their ability to react promptly;
Speeding and reckless driving—higher speeds and irresponsible conduct reduce a driver’s reaction time and ability to control the motor vehicle and usually increase the severity of accidents; and
Medical event—sometimes, a driver may have a medical event rendering them unconscious or otherwise unable to control their driving while behind the wheel.
Other causes include:
- Making illegal U-turns,
- Disregarding weather conditions,
- Turning without looking both ways,
- Failing to obey traffic laws, and
- Backing up without looking and checking the surroundings first.
Often, there may be more than one factor contributing to the cause of a pedestrian accident. For instance, if there are no marked crosswalks and a driver is impaired, both can play a role in an accident.
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Steps to Take After a New Jersey Pedestrian Accident
Whether you were crossing the street in a crosswalk or walking through a parking lot, if you were hit by a motor vehicle, you may feel overwhelmed, confused, and scared. After you seek emergency medical treatment, you might be wondering what to do next, especially if you suffered a severe injury that drastically altered your life. Here are four simple steps to guide you.
1. Continue Medical Treatment
You most likely received emergency medical attention immediately following the accident. If you’ve been released from the hospital or returned home from your doctor’s office, you must continue with necessary medical care. Always follow your physician’s recommendations for treatment, diagnostic testing, specialist visits, and therapy.
2. Collect Evidence
You should attempt to gather and compile any evidence relating to the accident. Accident evidence might include evidence from the scene, such as photos, video, and witness statements. Collecting evidence also includes gathering all documentation, including medical records and bills.
It is also helpful to jot down relevant information in journal entries, such as the weather and road conditions, the driver’s actions immediately after the accident, and notes of surveillance cameras in the area.
3. Steer Clear of Social Media
While it is second nature for many people to post their life events on their social media accounts, it is wise to avoid doing so if you are a pedestrian struck by a vehicle.
Insurance companies will look to your accounts to use posts, photos, or videos against you to downplay the severity of your injuries. The rule of avoiding social media applies to both the moments immediately following the accident and the life of your claim. For instance, if you suffer a back injury and post videos of yourself jumping on a trampoline—even months later—the insurance company will try to argue you are not injured.
4. Contact Pedestrian Injury Accident Attorneys
Pedestrian accident attorneys are knowledgeable and experienced professionals at filing personal injury claims. As you would contact an electrician to re-wire your house, you should contact a personal injury accident lawyer before pursuing a claim or lawsuit. These cases are often complex and involve lengthy litigation, extensive discovery, complicated negotiations, and expert investigation and testimony. While there is no legal requirement to hire an attorney, we strongly encourage any pedestrian accident victim to utilize the expertise of a skilled lawyer who understands the law and procedures, such as the applicable timeframe for filing a claim.
Damages in a Pedestrian Injury Accident
An injured pedestrian may recover damages if they can prove the driver was negligent or otherwise at fault for the accident.
Compensation in a pedestrian accident case typically includes multiple types of damages, such as:
Economic damages—tangible financial losses, including medical bills and lost wages; and
Noneconomic damages—intangible, subjective losses, such as emotional distress, pain and suffering, consortium loss, and enjoyment of life.
In extreme recklessness, a pedestrian victim may be eligible to receive punitive damages. Your crosswalk accident lawyer will advise you on what types of damages you might be entitled to receive.
New Jersey Pedestrian Accident Lawyer
If you or a loved one was struck by a vehicle, you are undoubtedly trying to navigate your physical and emotional recovery while also worrying about your family’s financial stability. If a driver negligently caused your injuries, you are entitled to damages. At Glugeth & Pierguidi, P.C., we have recovered millions of dollars for our clients. Let us help you get the justice and financial compensation you deserve.