Denville, NJ Pedestrian Accident Lawyer
Being struck by a car while walking around can result in some of the most catastrophic injuries in Denville. Pedestrian accident victims often have extensive medical expenses and emotional trauma after being injured.
Fortunately, pedestrian victims of negligent drivers can recover damages for their injuries. Parking lots, crosswalks, and sidewalks are just a few areas where pedestrian accidents commonly occur in Denville. However, recovering compensation is not always straightforward. Most victims will need to go through their insurance because of New Jersey’s no-fault insurance rules. These rules make it challenging to file a lawsuit for damages, but one can be filed if you suffered serious injuries or have a premium insurance policy that gives you the right to sue.
If you were struck by a vehicle and suffered injuries, our Denville pedestrian accident lawyers can help you sue for damages. For a free case evaluation, call The Carrion Law Firm at (718) 841-0083.
Common Places Where Pedestrian Accidents Are Likely to Occur in Denville, NJ
There are numerous locations in Denville where pedestrian injuries occur commonly. Pedestrian accidents tend to occur in places where they are close to the road or can cross. Other accidents happen in smaller spaces, like parking lots, but are no less devastating. No matter where you suffered your injuries, you deserve compensation. The following are some common places where pedestrian accidents occur in Denville:
- Parking lots
- Shoulder of the road
- Urban areas
While these are typical locations where pedestrians are more likely to be injured, pedestrian accidents can happen anywhere. No one is ever prepared to be injured in a pedestrian accident, but our Denville pedestrian accident lawyers can develop the right legal strategies for the circumstances of your case.
Recovering Compensation After a Pedestrian Accident in Denville, NJ
Negligent drivers cause most pedestrian accidents in Denville, often leaving victims facing extreme financial hardship and long-term injuries. Injuries from a pedestrian accident can be extremely costly, so it is vital to understand how New Jersey’s insurance rules work. Filing an insurance claim is typically the first step in the recovery process. However, insurance might not provide enough to cover your damages fully. In that situation, our Denville pedestrian accident lawyers can help you determine if filing a lawsuit is the appropriate next step in your case.
No-Fault Insurance Claims
New Jersey requires all drivers to carry no-fault insurance to cover them in the event they or their occupants are injured in a car accident. This type of insurance is termed “no-fault” because each party involved in an accident will file a claim with their own personal injury protection (PIP) insurance afterward, regardless of who caused the collision.
New Jersey’s no-fault rules also apply to pedestrian accidents. However, whether you have PIP insurance is irrelevant if a driver injures you in Denville. Some pedestrians might not own a car and thus have no need for car insurance. While you could file with your PIP insurance for benefits, injured pedestrians are covered under the negligent driver’s PIP insurance.
The problem with PIP coverage is that it is limited. Most standard PIP policies have low limits and might not nearly be enough to compensate you for your losses. Also, PIP will only provide benefits for economic expenses, like medical bills and lost wages. It will not cover your economic costs if you exceed your limit nor provide any coverage for pain and suffering.
Other insurance options could be available if the driver injured you had more than a basic PIP policy. If they elected for additional coverage or have their own liability insurance, you could file a claim, depending on the circumstances. However, drivers are not required to carry additional insurance of this type, so one cannot assume it will be available in every case.
Additional Insurance Claims
As mentioned, you might be able to file a third-party claim if the at-fault driver had liability insurance in addition to their PIP coverage. If you still have expenses after exhausting PIP benefits, you can usually file a claim to recover the remaining balance. However, you must have sustained serious injuries in order to file your claim. Considering the nature of most pedestrian accidents, it is likely that you will meet that threshold.
If no car insurance options are available, it could be possible to use your healthcare to cover certain expenses, but this is not always guaranteed. When the situation seems dire, it might be time to see whether filing a lawsuit is the best option to recover to compensation you deserve.
Filing a Lawsuit for a Pedestrian Accident
Filing a lawsuit will likely be the only way to recover the full range of damages you are entitled to. However, you will need to overcome New Jersey’s “serious injury” threshold before you are permitted to. One of the drawbacks to no-fault insurance rules is that they prevent most victims from filing a lawsuit for damages unless they can prove their injuries were serious.
New Jersey recognizes several types of injuries as “serious.” For instance, if you sustained a permanent injury, fractures, amputations, significant disfigurement, miscarriage, or other significant injuries, that would be sufficient to pursue damages in a lawsuit. The threshold is not as challenging to meet as some might think, and even injuries as common as neck and back pain can qualify as serious if it is chronic.
If you have car insurance and pay premiums on your policy for an “unlimited right to sue,” then the serious injury threshold is of no concern. You can sue a negligent driver as a matter of right per your insurance policy. Our Denville pedestrian accident lawyers can guide your case through the recovery process every step of the way, whether filing for insurance or a lawsuit.
Our Denville, NJ Pedestrian Accident Lawyers Can Help
If you were injured in a pedestrian accident, our Denville pedestrian accident lawyers can help you obtain the payment you deserve. Contact The Carrion Law Firm at (718) 841-0083 for a free case review.