Pedestrians are the most vulnerable segment of our population when walking along busy streets and intersections. They do not have the same protections as those in motor vehicles, which can make pedestrian injuries in Bloomfield catastrophic, if not deadly. Victims of these collisions may have the right to compensation against those responsible for causing the accident by filing a lawsuit for their damages. The attorneys at Fredson Statmore Bitterman, LLC are here to help in these cases by representing clients in their pursuit of justice. Pedestrian accident cases can be complex, with several aspects of New Jersey law impacting the right to compensation. You can learn more about these issues below and contact our office to schedule a free consultation.
Common Causes of Pedestrian Accident Injuries
Pedestrian accidents can arise from various causes and involve different modes of transportation. An injury could result from a collision with a large commercial truck, a passenger vehicle, or even a cyclist. Several factors can contribute to causing a pedestrian accident, including wrongful acts that violate New Jersey’s Driver Manual and other regulations. These factors can include speeding, distracted driving, driving under the influence, and failing to yield at crosswalks.
In addition to driver negligence, other circumstances can also lead to pedestrian accidents and injuries in Bloomfield. For example, a lack of visible crosswalk lines or signs, inclement weather, and other environmental factors could establish the liability of another party, such as a local government or business. These entities are often responsible for maintaining safe walkways for pedestrians.
Pursuing a Civil Claim for Compensation Against an At-Fault Driver or Party
Drivers and others whose wrongful actions and failures lead to injury in a Bloomfield pedestrian accident can be held liable for the damages incurred. While insurance may be available to provide some compensation, a lawsuit may be necessary to pursue full financial recovery. Our attorneys can evaluate the merits of a claim and take steps to prepare the filing. This preparation may include collecting accident reports and gathering other evidence. If the accident occurred on a busy street or intersection, traffic camera footage and witness testimony may help establish another party’s fault.
In New Jersey, the deadline to file a personal injury lawsuit is two years from the date of the accident, as specified in Statute Section 2A:14:2. It is important to be aware of this statute of limitations to ensure that you do not lose your right to compensation.
Compensation Available for a Pedestrian Accident Injury
An injured pedestrian in Bloomfield can usually seek compensation for several types of damages resulting from the accident. These damages may include compensation for lost earnings due to an inability to work, medical expenses, and other general losses. Pain and suffering and negative impacts on the quality of life following an accident can also be compensable damages.
The amount of compensation available in a case typically depends on the severity of the injury and whether it results in any permanent disability or disfigurement. Additionally, New Jersey’s modified comparative fault rule can further affect an injured pedestrian’s compensation. Under this rule, if a jury finds the injured pedestrian at fault for causing the accident, they can reduce the compensation in proportion to the awarded damages. For instance, if a pedestrian is found to be at fault for not using the appropriate crosswalks or failing to follow other traffic rules, their compensation may be diminished. If the injured pedestrian is found to be 50 percent or more at fault, they will be unable to recover any compensation from other at-fault parties.
Learn More About Filing a Claim for Pedestrian Accident Injuries in Bloomfield
The personal injury attorneys at Fredson Statmore Bitterman, LLC, strive to provide big firm resources while maintaining a personal touch for each client’s case. Recovery after sustaining a Bloomfield pedestrian accident injury can be a long and challenging process. Our goal is to ease the burdens on our clients through efficient and effective case resolution. We invite you to schedule a free consultation with us today.