Being hit by a car while you are out walking can be physically and mentally devastating. The driver responsible should have to pay for your various expenses from the accident and other compensation.
Pedestrian accidents often happen in places with heavy foot traffic near roads and highways. Parking lots, crosswalks, and sidewalks are prime locations for pedestrian accidents. In general, negligent drivers are responsible for pedestrian accidents. You can often sue the driver in a lawsuit for damages, but the situation might become trickier if multiple drivers are involved. Whether you are suing one or several drivers, you may be able to claim damages for your economic and non-economic injuries and losses, and many pedestrian accident cases involve significant damages. You need to find evidence of the defendant’s negligence to prove your claims and get compensation. Photos from the accident scene, witnesses, and details from your medical records will be very important.
Wherever the accident happened, a driver should not be able to hit a pedestrian without consequences. Call our New Brunswick, NJ pedestrian accident attorneys for a free review of your case. Call The Carrion Law Firm at (718) 841-0083.
Typical Ways Pedestrian Accidents Happen in New Brunswick, NJ
Pedestrian accidents are extremely dangerous because pedestrians often do not have time to avoid a speeding vehicle. Even if the vehicle is not moving incredibly fast, pedestrians might not notice it in time to jump aside. For example, pedestrian accidents are common in parking lots where vehicles travel slower. Because parking lots are off the main road and drivers move slower, they often let their guard down, and pedestrians walking about the lot might get hit.
Other places where pedestrian accidents are more common are crosswalks. When a pedestrian is using a crosswalk, oncoming drivers are required to yield. Sometimes, drivers ignore pedestrians or think they can get through the crosswalk before the pedestrians. Unfortunately, this kind of reckless behavior from drivers is not unusual, and pedestrians pay the price for it. If you were struck by a car in a crosswalk, our New Brunswick, NJ pedestrian accident lawyers can help you get compensation from the person responsible.
Drivers are not permitted to be on sidewalks, but that does not always stop them. For example, a driver might lose control of their vehicle and end up crashing into pedestrians on the sidewalk. Sometimes, these kinds of accidents are caused by vehicle malfunctions. Other times, they are caused by driver negligence or even intoxication.
If the driver in your case is also criminally charged, as is often the case in alcohol-related accidents or hit and runs, you might have to wait to file your lawsuit. Criminal prosecution will likely take priority, but we can use a guilty verdict or guilty plea against the defendant in your civil case.
People You Might Sue for a Pedestrian Accident in New Brunswick, NJ
In many pedestrian accident cases, a single driver is to blame and may be named in a lawsuit by the injured pedestrian. However, in many other cases, multiple drivers share the blame as their actions come together to create the accident. Still, in other cases, traffic signal problems might be to blame, and the city should be held responsible. Our New Brunswick, NJ pedestrian accident attorneys can evaluate the situation and determine who should be liable.
If you are covered by no-fault insurance from your own car insurance policy or someone in your household’s policy, a lawsuit might be blocked unless your injuries reach the threshold of “serious injuries” under NJ law. Speak to our New Brunswick pedestrian accident attorneys for more details.
One Driver
If one driver is involved, it is sometimes easier to initiate a lawsuit because we only have to worry about one defendant. The driver should come to a stop, exit their car, render aid, and exchange information with the injured pedestrian. In particularly severe accidents, the pedestrian might be unconscious, but we can still get the driver’s information from the police.
Multiple Drivers
A lawsuit becomes more complex if multiple drivers contribute to the crash. For example, if two drivers were negligent and their actions compounded to cause the crash, both might be liable. However, it is possible that only one driver is at fault for the accident. In such cases, it is usually best to name all possible defendants in your lawsuit and then remove them from the case if necessary, as more evidence comes to light.
Government Defendants
In more unique cases, pedestrian accidents might happen because city traffic lights malfunction, or perhaps signs warning drivers about crosswalks are not properly posted. In those cases, it might be necessary to sue the city, town, or municipality where the accident happened for neglecting to make the roads safe. In such cases, we must move quickly, as we usually have to submit a notice of your claim to the city or municipality within 90 days of the accident.
Damages Available in Lawsuits for Pedestrian Accidents in New Brunswick, NJ
In your lawsuit, you can claim damages for the money you spent or lost because of your injuries and the painful experiences you endured. These economic and non-economic damages can be significant because pedestrians are often badly injured. Our New Brunswick, NJ pedestrian accident lawyers can help you determine the extent of your damages and how much they should be worth.
Economic damages should always include medical expenses incurred in a pedestrian accident. Injuries are often catastrophic, and pedestrians might need long-term or even indefinite medical care. If that is the case, you should also determine what your anticipated future medical costs are so we can include them. You might also claim lost income if you cannot return to work in addition to the value of any lost or damaged property.
In addition, we can help you assess your non-economic damages, which can be somewhat more complicated. Non-economic damages pertain to painful experiences rather than monetary expenses. For example, physical pain, emotional suffering, humiliation, and other similar experiences may be claimed in your lawsuit. Evaluating these damages is tricky, but the greater they impact your daily life, the greater your damages should be. Again, these damages are only available once your case meets the “serious injury” threshold under NJ law if you are covered under a no-fault insurance policy.
Call Our New Brunswick, NJ Pedestrian Accident Lawyers for a Free Review of Your Case
Pedestrians injured in accidents often experience traumatic injuries that come with long-term complications. Meanwhile, negligent drivers are often largely unharmed. Our New Brunswick, NJ pedestrian accident attorneys can help you get justice. For a free case assessment, call The Carrion Law Firm at (718) 841-0083.