Can a Passenger Claim Compensation for a Car Accident in New Jersey?
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It may surprise you to learn that car-pedestrian accidents are more commonplace than you think. According to the National Highway Traffic Safety Administration, more than 75,000 people were hurt in 2018 in car-pedestrian collisions. Unfortunately, when you collide with thousands of pounds of metal, even if it’s moving at a relatively slow speed, the consequences can be devastating. If you’ve been injured in an accident as a pedestrian because of the carelessness of a motorist, our experienced and proven Union County personal injury lawyers are here to help you get the compensation you need and deserve.
The best way to get full and fair compensation after being hit by a car is to hire an experienced personal injury lawyer. You can turn to your insurance company, but they have a vested interest in paying you as little as possible (it’s how they maximize their profits). An attorney, on the other hand, will typically be paid a percentage of your recovery, so there’s an incentive to get as much as possible for you.
In most instances, to get the monetary compensation you need, you’ll have to file a personal injury lawsuit. If liability is clear, there’s a good chance that your attorney will be able to negotiate a settlement that meets your needs.
As a general rule, pedestrian accidents result from carelessness or negligence by a driver:
There are a number of factors that lead to automobile-pedestrian collisions:
If you have been involved as a pedestrian in a collision with a motor vehicle, your first concern should be your health. The most important thing to remember—this isn’t the time to be brave. Chances are, your injuries are severe, so accept that you’ve been injured. Don’t try to shake it off and walk away. If you can’t easily get up and move around under your own power, stay right where you are until emergency medical personnel arrive. They’ll be able to conduct an immediate assessment and determine whether you need to go immediately to the hospital.
Even if you can walk away from the accident, you should immediately seek medical attention, either at an emergency room, an urgent care facility, or with your primary care physician. You want to have a thorough examination and have medical professionals carefully document all your injuries. Be sure to tell them about anything that seems out of the ordinary. Don’t focus on the obvious injuries—cuts or bruises—and neglect to mention the stiffness in your neck or back.
If possible, gather information from all parties to the accident, as well as any witnesses. If your injuries prevent you from doing that, ask someone else to get contact information, so that your attorney can interview them at a later date. Use your phone to take pictures of anything relevant to the accident—your injuries, any damage to vehicles, the weather conditions, skid marks on the road, or roadway defects.
As soon as possible, find an experienced personal injury attorney to represent you. Your lawyer will become your liaison with insurers, helping you get all the benefits to which you are entitled. Your attorney can also help you take the right steps to preserve critical evidence and put together the strongest case for full financial recovery.
You have a right to full and fair compensation when you have been injured as a pedestrian in a motor vehicle accident. At Lee Law Firm, we can help. Our pedestrian accident lawyers offer a free initial consultation in all pedestrian accident injury claims and will come to your home or the hospital to meet with you, if necessary. To set up an appointment, contact our seasoned pedestrian accident lawyers today. Evening and weekend meetings can be arranged, if necessary. Nosotros Hablamos Español!
We represent injured pedestrians on a contingent fee basis. We won’t charge any legal fees unless we recover monetary damages for you.
What compensation can I expect from a pedestrian accident claim in Newark or Springfield, NJ?
Compensation varies depending on the case details but may include medical expenses, lost wages, pain and suffering, and more. A skilled pedestrian accident attorney can evaluate your case to estimate potential compensation, advocating for your rights throughout the process.
Can a pedestrian accident lawyer in Newark help if I was hit by an uninsured or underinsured driver?
Yes, a knowledgeable pedestrian accident attorney can guide you through the options available, such as filing a claim through your own uninsured/underinsured motorist coverage if you have it. They can also explore other potential sources of compensation to ensure your damages are fully covered. This scenario underscores the importance of seeking legal advice to navigate the complexities of insurance claims effectively.
What if I was jaywalking when I was hit by a car—can I still file a claim?
Yes, you may still file a claim, but your compensation could be reduced under comparative negligence rules. If you were partially responsible, like jaywalking, the court will weigh your percentage of fault. As long as you are not more than 50% at fault in New Jersey, you may still recover damages. Your lawyer can argue that the driver had the last clear chance to avoid hitting you. Evidence like traffic camera footage and witness statements will be crucial. This ensures you are not unfairly denied compensation.
Can I recover damages if I was hit by a driver who fled the scene?
Yes, you can still pursue compensation through your own uninsured motorist (UM) insurance coverage. UM coverage is designed for situations like hit-and-runs where the at-fault driver cannot be identified. If you don’t have UM coverage, a claim may be filed against other available insurance policies in your household. Police reports and immediate medical records help substantiate your claim. Our pedestrian accident lawyers also work with investigators to track down the fleeing driver. Acting quickly strengthens your case and preserves evidence.
How do pedestrian accident claims differ when children are the victims?
Children are owed a heightened duty of care by drivers because they are less capable of protecting themselves. Courts often hold drivers more accountable when a child pedestrian is struck. Compensation may include not only immediate medical bills but also long-term care for developmental impacts. Parents can file claims on behalf of their injured child. Emotional distress and loss of enjoyment of life are also compensable. These cases typically involve larger settlements to cover future needs.
Why choose Lee Law Firm for your pedestrian accident case in New Jersey?
With over 35 years of experience and a dedicated team, Lee Law Firm specializes in personal injury cases, including pedestrian accidents. We understand the impact of such accidents on your life and are committed to helping you through every step of the legal process. If you’re seeking representation or have questions, don’t hesitate to reach out to us.
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