New Jersey is considered one of the most urban states in the nation, second only to Washington D.C. in urban land area. This means that the majority of New Jersey residents have the benefits of urban living as well as the risks.
These risks include trying to cross a city or town street. Despite clearly marked crossings, stop signs, traffic signals and other devices, pedestrian accidents make up about 25 percent of all traffic deaths in New Jersey. Because you have so little protection against a motor vehicle, nearly 50 percent of pedestrian accidents result in a fatality.
Common Causes of Pedestrian Accidents
Although there are pedestrians who either run out into the street to catch a cab or who walk against the light while busy texting or daydreaming, most accidents are caused by negligent motorists who may be engaged in:
- Distracted driving
- Speeding
- Trying to beat the light
- Ignoring a stop sign
- Intoxicated driving
Many accidents also occur in non-urban areas because of pedestrians walking along narrow roads or from poor lighting as well as from motorists driving distracted, recklessly or drunk.
Injuries from Pedestrian Accidents
You can sustain an injury in a pedestrian accident ranging from minor scrapes to death. Other kinds of injuries include:
- Traumatic brain injury
- Broken limbs
- Disfigurement
- Paralysis
- Emotional distress
Getting prompt treatment can help minimize the extent of your injuries but a catastrophic injury can cause permanent disability, loss of income or employment, and a drastic change in your lifestyle.
What to Do After an Accident?
If you or a loved one was severely injured in a pedestrian accident, you will be taken to a hospital or emergency facility. After a few days, you may be visited or contacted by law enforcement to discuss the accident. You should tell the officer what you recall about the accident without making any admissions regarding fault or whom you think caused the accident or why. If you are contacted by someone from the other party’s insurance company, politely decline to speak to them and certainly do not agree to giving a statement over the phone or in writing. You should give information to your own insurance company about the accident at your earliest opportunity.
If you are at the accident scene, either call the police or have someone do so and request medical assistance. Obtain the names and addresses of any witnesses and any identifying information from the motorist. Do not discuss the accident with anyone other than the investigating officer, your doctors and your lawyer.
Your Insurance Will Provide Coverage
New Jersey law provides that you can be eligible for auto insurance benefits. Even if you are covered by a spouse’s or parent’s insurance, you can submit payment of your medical bills to the insurer and receive PIP benefits such as lost income. Otherwise, you may be eligible for PIP benefits under the defendant’s auto insurance carrier. There are other insurance issues that a personal injury attorney can explain to you.
Promptly Contact an Attorney
You are entitled to compensation for your injuries if your accident was caused by the negligent conduct of another party. Although many people disdain lawsuits, an injury can cause you to lose income, incur thousands of dollars in medical expenses, and result in permanent disability, disfigurement and severe pain that may last weeks, months or even years.
Your attorney will handle all aspects of your injury case from submitting your medical bills for payment and contacting any witnesses to dealing with the defendant’s insurance company and obtaining all necessary reports and documents to support your claim for damages.
If liability is contested, your attorney can interview witnesses or hire an investigator to visit the accident scene and possibly reconstruct the accident. Should your medical condition be in dispute, a personal injury lawyer can direct you to the appropriate medical specialist and help provide medical records or reports to refute any alleged preexisting condition or malingering accusations.
What Damages Can You Collect?
Your damages depend on the nature and extent of your injuries and what activities have been affected by your injuries. You are entitled to the following damages:
- Loss of past and future income
- Loss of past and future medical expenses
- Lost earning capacity
- Lost benefits
- Loss of consortium or inability to maintain intimacy with your spouse
- Pain and suffering
The value of your injury case largely depends on the extent of your injury and how it has resulted in certain medical expenses, permanent or temporary disability, lost earnings, inability to no longer perform your job and your inability to engage in your regular recreational or other daily activities. It also depends on your prognosis.
Contact a personal injury attorney in New Jersey if you have been injured in a pedestrian accident. The overwhelming majority of cases handled by attorneys result in much more compensation to injured victims than if the victims attempted to handle their own claims without legal representation, even taking into account legal fees.
Further Information
If you need any further information or require the services of an Accident Attorney in New Jersey please do not hesitate to contact us.