Linden, NJ Pedestrian Accident Lawyer
Being hit by a car while walking on foot can leave victims with substantial injuries. This is one of the most commonly fatal types of car accidents, and victims who do survive are often left with substantial bruising, broken bones, and even lifelong disabilities.
If you were hit by a car as a pedestrian, you should seek legal help to get you the compensation you need. Many people might be unfamiliar with NJ insurance rules and might not know that they can often sue for additional damages instead of settling for an insurance payout. Our attorneys can help you maximize compensation after a serious injury.
For a free case review, contact our Linden, NJ pedestrian accident lawyers at The Carrion Law Firm. For help getting the compensation you need, call us today at (718) 841-0083.
Recovering Compensation After a Pedestrian Accident in Linden, NJ
When you are injured in a car accident, there is typically insurance to cover you. However, NJ no-fault insurance rules might mean that the insurance policy does not cover all of your damages. Additionally, insurance companies are often reluctant to pay full damages and might even deny claims without good cause. For help maximizing your damages and fighting to get the compensation you deserve, speak with our Linden, NJ pedestrian accident lawyers.
All drivers in New Jersey are required to carry no-fault insurance that covers themselves, their passengers, and any pedestrians injured in the accident. A no-fault insurance policy’s PIP (personal injury protection) coverage pays damages only for things like medical expenses and lost wages – i.e., economic damages related to the accident. It does not pay damages for non-economic damages such as pain and suffering.
Because you are covered by PIP, you cannot sue for basic economic recovery. Drivers have a choice of paying more for coverage that allows them to sue even for minor accidents. If you happen to have your own auto insurance and are covered by one of these expanded policies, you may be able to sue even for minor injuries.
Otherwise, anyone injured in an accident can file a lawsuit for serious injuries. This can allow you to claim additional compensation by filing a lawsuit directly against the driver who hit you. Their insurance company will still cover the damages they pay, for the most part, but you are entitled to claim non-economic damages in this lawsuit as well. This can often expand your compensation and entitle you to higher payouts.
Proving Fault in a Pedestrian Accident in Linden, NJ
When you are hit by a car, it may seem obvious to you that the driver is at fault. Especially when drivers hop the curb onto the sidewalk or drive into a restricted area where no traffic is allowed, they are almost always at fault. Things get more complicated when accidents happen on the roadway itself, whether that be on the side of a back road with no sidewalk or in a crosswalk.
In court cases and insurance claims, fault is always determined by looking at which party or parties violated some legal duty they owed other people. Traffic laws create many legal duties, such as the requirements of stopping at a red light, yielding to pedestrians in crosswalks, and driving free from the influence of drugs or alcohol. If the driver breached one of these duties or some other basic safe-driving requirement, they can be found at fault for your crash.
However, courts can find pedestrians partly at fault for a pedestrian accident as well. One goal of our Linden pedestrian accident lawyers will be to place the blame fully on the driver who hit you and protect you from claims of shared negligence. However, sometimes pedestrians step out from the curb and cross at dangerous locations. Other times, pedestrians walk the wrong way along a windy road, perhaps in the dark, perhaps wearing dark clothing. In many cases, courts could find that they shared some level of fault in causing the crash.
Courts weigh the “totality of the circumstances” when adjudicating pedestrian accident cases and can assign partial fault to each party involved. In New Jersey, as long as you are no more than 50% at fault, you can still recover compensation from the at-fault driver for their share of the damages.
Evidence to Collect After Being Hit by a Car in Linden, NJ
If you are seriously injured after being hit by a car, call 911 first and get medical treatment for your injuries. If you are able to walk around and take down information, you should try to focus on collecting the following pieces of information and evidence that can help with your case.
In any auto accident case, collect the following information:
- The name and contact info for all drivers and witnesses
- The insurance info for all drivers
- The make, model, color, and license plate number of all vehicles involved
- The location of the crash (what intersection, what mile-marker, etc.)
- The weather, lighting, and roadway conditions
- Notes about any traffic control devices (traffic lights, signs, crosswalks, lines, etc.)
If you were injured in a hit and run crash, see if you can get any details about the car that hit you. This can include even basic information like the color or make of the car. If you can get the license plate number, that is ideal, but a partial license plate number will also be helpful, especially if you can identify the state that issued the license plate as well.
Many drivers who hit pedestrians are also intoxicated. Any observations you can make about slurred speech, the odor of alcohol on the breath, or other signs of intoxication will be helpful when it comes time for your Linden pedestrian accident lawyer to try your case.
Call Our Linden, NJ Pedestrian Accident Lawyers Today
If you were hit by a car and need help with medical bills, lost wages, and other damages, call The Carrion Law Firm’s Linden pedestrian accident lawyers today. Call us at (718) 841-0083 for a free case review.