Elizabeth, NJ Pedestrian Accident Lawyer
Pedestrians are often struck by careless drivers when attempting to cross streets or traverse parking lots. Victims of such accidents can incur a wide range of serious injuries. Fortunately, injured parties can pursue payment from the drivers responsible for their crashes.
Our attorneys can help victims recover monetary damages through pedestrian accident lawsuits. Defendants and their insurance companies may try to avoid paying the full value of plaintiffs’ cases. Our team can help fight insurers and prove that negligent drivers are at-fault.
If you suffered a pedestrian accident in Elizabeth, NJ, get help obtaining the payment you deserve. Contact our experienced Elizabeth pedestrian accident lawyers by calling The Carrion Law Firm at (718) 841-0083. Our attorneys will review your case for free.
Time Limit to File a Pedestrian Accident Lawsuit in Elizabeth, NJ
According to N.J.S.A. § 2A:14-2, you will usually have two years from the date of your accident to file a pedestrian accident lawsuit in Elizabeth, NJ. Failure to comply with this deadline could cause you to miss out on crucial compensation. Our Elizabeth pedestrian accident lawyers can help bring your case to court.
Furthermore, there are several other requirements that plaintiffs must satisfy when filing their claims. For instance, when filing your pedestrian accident lawsuit, you must bring your case to the right court, attach supporting documents, pay filing fees, serve all defendants, and refrain from filing an incomplete claim. Failure to adhere to any of these requirements may force you to re-file your case. By attempting to file your case early, you may give yourself time to re-file your lawsuit if necessary.
Lastly, crucial evidence can become more difficult to collect and preserve as time passes. For example, eyewitnesses may forget pertinent details and physical evidence may deteriorate. The sooner you contact our pedestrian accident lawyers, the more easily our team can gather the information required to support your case.
What if You Share Some of the Blame for Your Pedestrian Accident in Elizabeth, NJ?
If you share some of the blame for your pedestrian accident in Elizabeth, NJ, you may be limited in the amount of compensation you may recover. New Jersey follows the rule of “modified comparative fault” when awarding damages for pedestrian accidents. Accordingly, damages are assigned based on each parties’ percentage of fault. For example, if you share 35% of the blame for your crash while the defendant driver is 65% at fault, then the defendant will have to pay for 65% of the damages related to the accident while you will account for the leftover 35%. However, if you are considered to be over 50% responsible for your pedestrian accident, you will be unable to recover financial compensation.
Accordingly, defendants and their insurers frequently attempt to reduce the value of victims’ cases by shifting blame for their accidents. Insurance companies may hire teams of defense lawyers and private investigators who will argue that plaintiffs are at fault. The assistance of our experienced Elizabeth pedestrian accident lawyers can be highly valuable when fighting insurers and proving that defendants are to blame.
Settling a Pedestrian Accident Lawsuit vs. Taking a Pedestrian Accident Lawsuit to Court in Elizabeth, NJ
Plaintiffs in pedestrian accident lawsuits will usually have to decide between settling their cases early or taking them to court. After reaching a settlement agreement, the defendant will pay an agreed-upon sum of damages in exchange for your case being dismissed. There are multiple advantages to settling early. By settling early, you may recover payment sooner. Furthermore, parties who settle early can save on the many costs that accompany the decision to go to trial. For example, parties who take their cases to court may have to pay additional attorney’s fees, expert witness fees, and filing fees.
Still, settling your case early is not always the right decision. Defendants typically attempt to settle cases for less than they are worth. By going to court, you will have the chance to recover additional compensation. Our experienced Elizabeth pedestrian accident lawyers can help evaluate any settlement offers made in your case, so you will know if going to trial is the right decision for you.
Common Causes of Pedestrian Accidents in Elizabeth, NJ
Pedestrians are often struck because of careless mistakes made by negligent drivers. Our team can investigate whether your accident is related to any of the following causes:
Distracted driving is a very common cause of pedestrian accidents. Drivers can be manually, visually, or cognitively distracted. There are several different types of activities that can distract drivers. Some activities like texting can involve all three forms of distraction. Our Elizabeth pedestrian accident lawyers can help hold distracted drivers responsible for the injuries they cause.
Disobeying Traffic Signals
Many pedestrian accidents occur because motorists disobey traffic signals. When drivers make improper left turns, run red lights, or fail to yield the right-of-way, devastating crashes can occur. Victims of such accidents can pursue monetary damages from the drivers who hit them.
Speeding is another common cause of pedestrian accidents in Elizabeth. Speeding drivers will have difficulty controlling their vehicles and reacting to pedestrians as they approach them on roadways. For example, a speeding driver may veer from their lane and strike a pedestrian using the sidewalk. Further, a motorist travelling at high speeds may have difficulty braking in time to avoid hitting a pedestrian using the crosswalk. Our Elizabeth pedestrian accident lawyers can help victims prove that speeding drivers are at fault.
Lastly, drunk driving is a common source of pedestrian accident injuries in Elizabeth. Like speeding drivers, drunk drivers will have difficulty controlling their vehicles. Drunk drivers will exhibit blurry vision, slow reaction times, and careless decision-making abilities behind the wheel.
Pedestrian accidents caused by drunk drivers often occur at night. However, they can happen at any time of day. If you were struck by a drunk driver, our attorneys can help build your case.
If You Suffered a Pedestrian Accident in Elizabeth, NJ, Our Attorneys Can Help
If you were hurt because of a pedestrian accident, seek assistance from our experienced Elizabeth pedestrian accident lawyers by calling The Carrion Law Firm at (718) 841-0083 to review your case for free.