Pedestrian Accidents Attorney in Clifton, New Jersey
Negligence of one driver can change your life in an instant. Pedestrian accidents happen almost every day. You can be walking carefully on the sidewalk and suddenly be hit by a reckless driver. Your loved one might be peacefully standing on the safe side of the road and in a blink was run over by a car. Accidents do not come with a bell and it certainly, chooses no one.
In the midst of a pedestrian accident, choosing the right attorney matters the most. It is crucial to seek legal help from a qualified and experienced pedestrian accident lawyer in New Jersey to make sure you will be fully compensated.
Learn more about how our law firm, Jaloudi Law, can help you receive the fair compensation you deserve. Call us now for a free case evaluation!
Why do I need a Pedestrian Accident Lawyer in New Jersey?
What is sad about pedestrian accidents is that many pedestrians never receive the maximum amount of fair compensation they are entitled to. First, they are not knowledgeable about the processes and steps they have to do immediately after the accident. Second, they don’t know their rights and the full worth of their claims. Third, insurance companies try to lowball pedestrian accident victims and offer cheap settlements. And lastly, sometimes they just want to get it over with the soonest as possible and focus on their recovery.
If you or your loved ones have been involved in a pedestrian accident, do not think twice and immediately get assistance from a reputable law office in New Jersey that specializes in personal injury. We at Jaloudi Law are your best option. We will fight for your rights and help you recover your losses by ensuring we secure your full worth of compensation claims. You can expect our credible attorneys to always pursue your best interest. Below are just a few of the services our pedestrian lawyers can do for you.
- Explain to you your rights and the entire process of personal injury compensation claims and lawsuits
- Conduct a further investigation about your accident
- Collect, organize and analyze key evidence and information
- Consult with a group of investigators and experts who can help build and strengthen your case
- Negotiate with insurance companies and other parties involve and ensure to get the best outcome possible
- File your lawsuit and represent you in any legal proceedings
- Give you peace of mind that your case is rolling smoothly while you focus on your recovery
Your full financial recovery can only be achieved with the help of a passionate yet aggressive personal injury lawyer in New Jersey. What are you waiting for? Dial our number now and let’s begin discussing how to successfully win your case!
What are Pedestrian Accidents?
New Jersey Statutes Section 39:1-1 (2013) defines a pedestrian as “a person afoot.” A pedestrian is anyone who is traveling along the roadway or sidewalk without a vehicle.
A pedestrian accident is any accident that involves a bicycle or motor vehicle and someone on foot or a pedestrian. It does not matter if the pedestrian is walking, jogging, sitting, lying, playing, or hiking on the road, as long as he got hit by a vehicle, it’s considered a pedestrian accident.
A good bicycle accident attorney can:
- Help you get maximum compensation for the damages you incurred
- Work to ensure that the responsible party is held accountable
Jaloudi Law is a personal injury law firm in North Jersey that serves clients in Clifton, New Jersey. We have a team of experienced accident lawyers who are dedicated to fighting for the rights of New Jersey bicycle accident victims. We will work tirelessly to get you the best possible outcome in your case. Contact us today to schedule a free consultation.
Duty of Care for Pedestrians and Drivers
Duty of care is a key concept of personal injury law and is defined as everyone’s duty to act in a responsible and reasonable manner to prevent causing injury to another person. If someone failed to do his duty, he can be held liable for his actions that caused injury to others.
Drivers and pedestrians are expected to follow traffic rules and exercise their duty of care. If Person A failed to act in a reasonable manner and ends up inflicting injury to Person B, the personal injury law considers the act of Person A as an act of negligence. It does not matter whether Person A was the pedestrian or the driver, he’ll be held accountable for Person B.
Duty of care in an angle is usually evaluated during a personal injury case. You can ask for legal advice from a Clifton pedestrian accident lawyer to help you understand how will this affect your case.
Common Causes of Pedestrian Accidents in New Jersey?
Pedestrian accidents can happen frequently and can be caused by a number of various reasons. The majority of pedestrian accidents are caused by negligence either by the driver or the pedestrian. But there are also other factors that are contributory to causing accidents. Some of these common causes of pedestrian accidents include the following.
Failure to Yield Right of Way
Right-of-way law aims to provide order on the road and prevent accidents from happening in areas or situations where there are traffic merging, crossing paths, or pedestrians crossing the roadways. Yielding the right of way allows another vehicle or pedestrian to cross the road before you. It also helps mitigate accidents, especially at intersections where there are no traffic lights.
Failure to yield the right of way spells chaos. Worst, it could mean pedestrian accidents. It can also result in traffic violations on the right of way. For instance, when approaching an intersection, drivers need to yield the right of way to pedestrians crossing roadways, reduce speed, and exercise due care. Car drivers are also expected to yield the right-of-way to pedestrians walking down the sidewalks.
Improperly Crossing Roadways or Intersections
Even if a car driver exercises caution and observes yielding the right of way while on the road if the pedestrian will not do his duties, accidents can still occur. A person may try to cross the street even if the traffic lights are red. He can cross somewhere other than the designated pedestrian crosswalk. Or he may attempt to cross the street at the last minute before the traffic light changes.
These scenarios give drivers little to no time to react and step on the brake pedal. And this irresponsible act of the pedestrian can lead to car and pedestrian accidents causing minor to severe injuries and possible wrongful deaths.
Road construction projects cause inconvenience both to motorists and pedestrians. And aside from the inconveniences, it’s a common cause of pedestrian accidents. Road constructions force pedestrians to walk in areas not intended for safe walking and in areas where drivers do not expect them to walk.
It is also not safe for the construction workers who are considered pedestrians. If the road construction site does not follow protocols like placing signs on the road to notify drivers or assigning someone to manage traffic, accidents can occur. Roadside workers, pedestrians passing by, and motorists are all at risk and need to practice extra caution to avoid getting hurt while on the road.
Playing, Standing, or Lying in the Roadway
Motorists may have difficulty avoiding accidents with pedestrians who are lingering in the roadway – either playing, lying, or just simply standing. The roads are not meant for these activities.
If an accident happens because someone is playing in the street and suddenly crossed the road without caution, the pedestrian not the motorist will be held accountable. Even if the driver was able to swerve and successfully avoided the pedestrian but collided with another vehicle behind, the pedestrian will still be liable.
Having Poor Visibility
There are several factors that can impact visibility on the road. These elements can lead to drivers and pedestrians getting into an accident.
- Bad weather conditions
- Vehicles or objects parked on the side of the road
- Poor lighting on the roads
- Pedestrians in dark clothing at night
- Poor vehicle headlights
- Bright headlights of vehicles
If poor visibility is the main cause of the pedestrian accident, proper investigation is needed in order to identify who is at fault – the motorist, pedestrian, city government, other parties (illegal parking) or road workers. In situations where there is bad visibility, everyone is expected to observe and exercise caution in order to avoid any accidents.
Intoxication – Drugs, Alcohol, or Medication
Drugs, alcohol, or medication intoxication can lead to accidents. It does not matter who is intoxicated, either the motorist or the pedestrian or both, it can cause accidents.
Drugs, alcohol, or medication can impair judgment whether you are driving or walking on the street. Intoxication can also affect your reflexes, balance, vision, senses, mood, and emotions which can cause changes in your behavior. Changes in behavior can either lead you to cause an accident or leave you unable to avoid it.
Drivers texting or talking on their phones do not only put themselves and the pedestrians at risk but other motorists too. Pedestrians who are focused on their phones while crossing the street or walking on the sidewalk are also calling for pedestrian and car accidents.
Drivers who are not capable to keep their cool attract accidents. They can either cause a car accident with another motorist or hit a pedestrian. Whether you are running late, wants to reach home early, have a bad day, or are just simply not in the mood, it is very important to exercise patience while on the road.
Recklessness can be a fault by the driver, the pedestrian, or both. Drivers need to observe traffic rules at all times including extending due care to pedestrians. Pedestrians should also ensure to obey traffic rules and exercise caution while at crosswalks or sidewalks.
It should always be a two-way street between the motorists and the pedestrians being responsible and obedient to the traffic rules.
Running or Darting into the Road
Darting or running into the road is very dangerous. This is very common, especially with children running onto the road out of nowhere leaving the driver with insufficient time to step off the brake or make a swerve. The possibility of being hit and severely injured is high. It’s always recommended to follow traffic rules and always look left and right before crossing the street.
Arterial Roads / Multi-Lane / Left Turns
Roads are always busy. Drivers need to pay attention not only to traffic lights but also to pedestrians and other drivers. They have to deal with other motorists changing lanes, speeding, and tailgating which can impact the people walking on the sidewalks. They need to look out and pay attention to pedestrians while doing left turns. On the other hand, pedestrians need to look out for drivers who are over-speeding and doing left turns to avoid any potential collision.
Vehicle Malfunction / Mechanical Failure
Another cause of pedestrian accidents in New Jersey is vehicle malfunction. Possible mechanical failure or malfunction includes the following.
- Seatbelts not working
- Brakes failure
- Defective accelerators
- Air bags malfunction
- Electrical system issues (fires or loss of lights)
- Crack or break on wheels
- Steering components problems
- Fuel system leakage
- Defective windshield wipers
- Seats or seatbacks failures
- Tires or other critical vehicle components that blows out, fall apart or separate
While some of these mechanical issues can be considered minor like flat tires or dead car battery, some vehicle malfunction like brake failure, defective accelerators, and tire blowouts can cause lethal outcomes. If your accident was proven to be caused by manufacturing defects, consult with your experienced pedestrian accident lawyer to pursue product liability claims.
What Injuries Can You Sustain in Pedestrian Accidents?
The injuries you can sustain from a pedestrian accident will vary depending on the angle and point of impact, driver’s speed, secondary impacts of any sort, and where and how you landed after the collision. Common pedestrian accident injuries can include
- Cuts and bruises, scrapes, lacerations, abrasions, road rash, and other external physical injuries
- Broken bones, deep cuts, and internal injuries
- Sprain or torn ligaments
- Head injuries including traumatic brain injuries and concussions
- Back, neck or spinal cord injuries
- Nerve damage
- Damage to vital organs
- Fatal injuries
- Emotional trauma
Pedestrians suffer the majority of the injuries sustained during pedestrian accidents because they are more exposed and without external protection against a vehicle. If you suffered a severe injury from an accident, contact your New Jersey pedestrian accident lawyer for legal assistance.
Who is Liable in a Pedestrian Accident in New Jersey?
Drivers and pedestrians can be partially or completely at fault in a pedestrian accident. In the state of New Jersey, comparative negligence is used in identifying who is at fault.
Comparative negligence indicates the degree of fault contributed by each individual involved in the accident. An investigation will be carried out to determine the extent of your fault and it will be reduced in the amount of compensation you will receive for damages. A judge will be involved in identifying the fault percentages of all parties involved. If the jury considers you are more than 50% liable, you will not be able to collect fair compensation for damages.
If you will seek reimbursement from your insurance company, comparative negligence is not applicable under collision coverage. But if you are pursuing claims against another driver, his insurance company will need to determine whether and up to what extent their client is at fault.
If you have been injured due to a pedestrian or a motorist’s negligence, it’s important that you consult with highly experienced pedestrian accident attorneys in New Jersey. Establishing percentage fault in the accident will determine the damages you can claim. You need someone who can analyze and assess your case properly and give you an overall picture of what is going to happen. Consult with us now and let us aggressively fight for the fair compensation you deserve.
What Damages are Recoverable in a Pedestrian Accident in New Jersey?
If you were involved in a pedestrian and auto accident while working on the roadside or crossing the street, you may be eligible to pursue recoverable damages if the driver is at fault. You can either file a car accident claim or lawsuit and demand compensation based on the extent of damages you suffered.
Recoverable damages may refer to financial losses & expenditures, emotional damage, medical expenses, or physical pain. It is highly recommended to seek legal advice from a trusted car accident lawyer in New Jersey to help you get the maximum compensation possible.
Loss of Income
During a pedestrian accident, the pedestrian is always the most vulnerable. They can suffer from severe injuries that can take weeks, months, or years to heal. Some injuries can even affect the pedestrian in his lifetime.
Suffering from catastrophic injury would mean taking weeks or months off from work to recover. If the accident caused you to take unpaid leaves and lose work benefits like bonuses, commissions, and tips, you may be entitled to receive compensation.
If you have missed promotion opportunities or had to resign and settle for a lower-paying position, you can seek damages for advancement opportunities. Likewise, if the accident left you permanently disabled and affected your ability to work, you can claim for reduced earning capacity or inability to draw future income.
Medical bill claims are applicable to all current and future hospital and medical bills. Ambulance fees, emergency room care, surgeries, doctors’ fee, prescription medicines, and all other expenses you incurred during your hospitalization falls under recoverable damages.
Compensation damages for future expenses include follow-up check-ups, long-term medical treatment, rehabilitation therapies, medical equipment, maintenance drugs, and other medical treatment and services.
Pain and Suffering
Pain and suffering generally refer to the emotional and physical injuries suffered by the pedestrian following an accident. After experiencing an accident that caused you physical and emotional pain, you will never be the same. The serious injuries you incur can change you and take an emotional toll on you.
Physical pain refers to the actual physical injuries you suffered because of a pedestrian accident. It includes not only pain and discomfort but also any detrimental effects that you are likely to suffer in the future. Some of the medical physical conditions that may qualify for compensation include
- Back and neck pains
- Traumatic brain injury
- Nerve damage
- Broken or fractured bones
- Internal organ damage
- Pulled or sprained muscles
- Dislocated joints
Mental Pain & Suffering
Pedestrian accidents can cause mental pain and suffering that is often complicated and difficult to deal with. Emotional suffering is invisible, not easily determined and most especially hard to understand and explain to others.
The degree of emotional pain and suffering varies based on the individual and the accident circumstances. But one thing is certain, it can hugely impact your recovery period and future life. Some of the psychological pain and suffering you can experience include
- Emotional depression
- Mental anguish
- Mood swings
- Loss of enjoyment of life
- Loss of appetite,
- Lack of energy
- Sleepiness/sleep disturbances
- Sexual dysfunction
- Post-traumatic stress disorder
- And any negative psychological issues
You may qualify for property damage claims if you have properties and assets damaged during a pedestrian accident. Compensation claims usually include
- Car repair or replacement
- Towing expenses in case your car can’t be driven anymore
- Rental expenses while your vehicle is under repair or while waiting for replacement
- Damage to personal items in your car
- Damage to other vehicle or property affected by the accident
Wrongful Death Damages
If you lost a loved one because of a pedestrian accident, you are entitled to a wrongful death claim. You can pursue compensation for the following.
- Loss of consortium or companionship
- Loss of parental guidance
- Medical bill left by your loved one
- Loss of financial support
What Should I Do After a Pedestrian Accident in New Jersey?
Accidents can happen when you are least ready at the most unexpected time. It is important to know what to do if you were involved in a pedestrian accident. What you will do and will fail to do could be crucial in your case.
Stay Calm and Assess Your Injuries
Staying calm would probably be the hardest thing to do at a pedestrian accident scene. But it is crucial and essential to keep calm and think properly. Assess your injuries and determine if you can move or not.
If you suffered from minor injuries and can move, it’s best to move into the sidewalk and call for help. Do not move further than the sidewalk, and do not attempt to leave the scene. You might have suffered from an injury and not know it because of fear, shock, or adrenaline. If you can’t move, ask around to call for help, and do not attempt to move at all.
Call the Police
During accidents, people are quick in calling the police for help but if no one has yet, request someone to ring them. Whether you suffered from minor or severe injuries, you need the police to conduct investigations and file an official report.
Collect the Driver and Witnesses’ Information
Whether you were injured or not, do not let the driver leave the scene. Wait for the police to arrive and conduct an incident report before anyone who’s involved in the accident leaves. Make sure to get the name of the driver, contact details, and the license plate number.
It would also be beneficial to get the names and contact details of any witnesses on the scene. They can, later on, testify as to what happened during the accident.
Take pictures of the accident scene – the site where the driver’s vehicle hit you, the road condition, any speed signs or traffic signals, tire marks, gouge marks, and anything you could use as evidence in your pedestrian accident case.
Photograph all your injuries, whether minor or severe. Keep the clothes you were wearing during the accident. Do not wash them, keep them in the condition they were in after your accident. If you have other damaged or smashed properties like cellphones, laptops, etc, they could also serve as evidence.
Keep a journal of what happened. Be as detailed as you can. Start to write with everything that you can remember from before the accident, leading up to it, during, and after. Include everything you have experienced in the hospital, and during your therapies, until you fully recover.
Seek Medical Attention
Even if you don’t feel anything painful or feel 100% okay, go and seek medical help. Let the doctor note any bruises, cuts, and scrapes you retained due to the pedestrian accident. It might not manifest quickly, but you may suffer from internal bleeding, nerve damage, or any internal injuries not visible to the naked eye. The doctor’s report will also strengthen any claims you may decide to pursue later on.
Notify Your Insurance Companies
After the accident, inform your insurance company so they can provide the coverage you are entitled to. If you will not advise your insurer, you may not be able to qualify for certain coverages.
Seek Legal Advice
If you have been involved in an accident, it’s always a wise to contact a law firm and seek legal assistance from a reputable car accident attorney in Clifton, New Jersey.
Your lawyer will help you determine if you have a strong case, the compensation claims you can pursue, and all your legal rights. If you need to file a lawsuit, your attorney can file the pedestrian accident case for you and represent you whenever necessary.
What Should I Not Do After a Pedestrian Accident?
- Never say you are at fault. Do not admit to any wrongdoings.
- Never apologize. That can be misunderstood as an admission of guilt.
- Do not assume facts or guess answers when being questioned by the police officer. If you do not remember or know how to answer, simply say “I don’t know” or “I can’t remember.”
- Do not give any statements to insurance companies or their representatives until you have consulted with your trusted New Jersey pedestrian lawyer.
- Do not sign any settlement agreements without prior consultation and approval from your attorney.
What is the Statute of Limitation for Pedestrian Accidents in New Jersey?
The deadline for filing a personal injury claim in New Jersey is two years from the date of the accident. If you are convinced that the state of New Jersey is partially at fault, you need to file a Notice of Claim within 90 days of occurrence.
If you could not file your pedestrian accident case before New Jersey’s statute of limitation runs out, your case will be thrown out of court and you will lose the right to demand compensation claims.
Gathering evidence and building a strong case may be difficult, especially if you sustained injuries. Your best solution is to contact a reliable, experienced pedestrian accident lawyer to oversee your case. While you recover, your attorney will make sure to strengthen your pedestrian accident case by conducting their own investigations while meeting the statute of limitations requirements.
Do not let your opportunity to receive proper and fair compensation pass! Contact us now and we’ll help you get the maximum damage claims you deserve.
Call our Pedestrian Accident Attorney in Clifton, New Jersey Now!
Being in an accident is already tough. Pursuing and demanding compensation is a lot tougher. The process can be confusing and you may be getting varying opinions on what and how to best approach your situation.
If you are not aware of what to do to pursue your personal injury claims, a skillful and well-seasoned pedestrian accident attorney in New Jersey is the answer to your worries. At Jaloudi Law, your needs are our priority. And you can expect a level of care and attention like no other from our dedicated personal injury lawyers.
You have nothing to lose and your best personal injury claim to gain. Contact Jaloudi Law today and discover what we can do for you!