Pedestrians are often seriously injured and killed in auto accidents.  Without a car or other vehicle around them to protect them, they can face injuries that leave them with disabilities and long-term effects.

For help getting the compensation you need, do not rely on insurance companies.  Their valuations of your case are typically skewed in their favor, and the damages they pay might leave out substantial areas of compensation.  Instead, consider taking your case to an experienced Orange, NJ pedestrian accident lawyer for help getting the compensation you need.

For a free case review, call The Carrion Law Firm’s Orange, NJ pedestrian accident attorneys today at (718) 841-0083.

Getting Compensation After a Car Accident as a Pedestrian in Orange, NJ

If you are hit by a car while walking or running on foot, you could be entitled to substantial compensation.  When it comes to filing a claim, you can often file an insurance claim with the driver’s no-fault insurance, but you could be entitled to additional damages if you filed a lawsuit.

Insurance Claims

Every driver in New Jersey is required to carry no-fault insurance with a personal injury protection (PIP) policy.  This policy provides first-party benefits to the driver and anyone in their car who gets injured in a crash.  Moreover, these policies pay benefits regardless of who was at fault – you do not need to prove fault to get compensation.

PIP coverage also covers injured pedestrians and cyclists.  This means that the driver who hit you should use their insurance to cover you.  If you happen to also be a driver and you have your own PIP insurance, there may be policies that will help cover additional damages.

However, the most important issue with an insurance claim is that it only covers limited damages.  Typically, only a portion of your medical expenses are covered, and these policies typically pay only for medical bills and lost wages.  This leaves a lot of damages on the table that our Orange pedestrian accident attorneys might be better able to claim for you in a lawsuit.

Lawsuits

When you file a lawsuit against someone who caused your injuries, you have to prove that they were at fault before the court can order any damages paid.  However, the available damages often cover a wider range of harms, and there are no policy limitations on these damages.

To prove fault in your case, your attorney will have to prove that the driver violated some legal duty they owed you.  Often, the duty in question in a pedestrian accident case is a traffic law that the driver was required to follow.  These laws are written to keep people safe, so when a driver violates the law, that can be used as proof of fault.  This means that drivers who speed, fail to yield to pedestrians in a crosswalk, drive drunk, or text and drive could be held liable under the law.  Drivers can also be held liable for unreasonable dangers behind the wheel that might not violate a specific statute, such as failing to watch for pedestrians in a crowded area.

One major benefit to filing a lawsuit is that you can claim non-economic damages in court that you cannot claim in a lawsuit.  These damages can include pain and suffering and other damages that are paid because of personal, intangible harms.  On top of this, you can also claim any economic damages caused by the accident, such as property damage (damaged phone, clothes, etc.), expenses at home (e.g., help with childcare while you recover), medical transportation, and more.

The Serious Injury Threshold for Pedestrian Accidents in Orange, NJ

In order to be able to sue for your injuries in the first place, you need to meet certain thresholds.  NJ’s no-fault rules keep injured pedestrians from being able to file lawsuits unless they can show their injuries meet a certain “verbal threshold.”  In NJ, this threshold is a definition of “serious injuries” that you must meet to be able to sue.  Our Orange pedestrian accident lawyers can analyze your case and fight to get your case into court where you can claim additional damages.

Typical insurance policies include a limited right to sue.  Drivers can indeed pay more for unlimited right to sue policies that cost more but leave them the option of suing for injuries in any case.  Otherwise, they are required to meet the injury thresholds before they can sue and are limited only to the benefits provided by the driver’s insurance policy.

To meet this threshold, your injuries must be considered “serious.”  Under N.J.S.A. § 39:6A-8, these injuries include any of the following:

• Death
• Loss of a body part
• “Significant disfigurement”
• “Significant scarring”
• Fractures that leave the bones misaligned (“displaced”)
• Lost pregnancy
• Otherwise “permanent” injuries

Many injuries meet this threshold, so victims of pedestrian accidents should always speak with our Orange, NJ pedestrian accident lawyers to see if their injuries qualify.  Many injuries, such as mild or moderate back injuries, could leave you with permanent distress that might qualify.  Additionally, broken bones that need to be set by a doctor are also quite common and qualify you for a lawsuit.

Never assume that your case is not “serious enough” to call one of our Orange pedestrian accident lawyers about.

How Our Orange, NJ Pedestrian Accident Lawyers Can Help

As mentioned, our Orange pedestrian accident attorneys can help you understand whether your case qualifies for a lawsuit.  We can also help account for all of the damages you can claim and provide you with a fair valuation of your case.  If the insurance company’s valuation is too low, we can negotiate to have the damages paid at their full value.  If that is unsuccessful, we can argue that your case meets the necessary verbal threshold to sue in court and fight your case there.

For a Free Case Review, Call Our Orange Pedestrian Accident Lawyers

If you were injured in a pedestrian accident, call The Carrion Law Firm today at (718) 841-0083.  Our Orange pedestrian accident lawyers offer free case reviews.