If you are injured in a pedestrian accident, the rules governing no-fault insurance and subsequent lawsuits are complicated. Insurers will pressure you to take an immediate settlement that may be inadequate to pay for your medical care and other losses. They may claim you are partly to blame, and your contribution to causing your injuries will reduce the settlement offer.
Because not all crashes are the fault of only one person, you need an experienced car accident attorney who knows how to scrutinize the facts to determine liability in Paramus pedestrian accident cases and then negotiate or litigate accordingly. Do not let an insurer pressure you into an unsuitable settlement.
Is Car Insurance At-Fault or No-Fault?
Drivers operate under a no-fault insurance system, in which injured motorists file a claim with their own insurance company for reimbursement regardless of who caused the accident. Drivers need to carry personal injury protection (PIP), which generally covers their own medical expenses and the pedestrians they hit, but does not usually pay for pain and suffering.
If PIP coverage does not adequately compensate you or if your injuries are severe, you can file a personal injury lawsuit against the offending motorist. You can talk to a skilled personal injury attorney in Paramus to better understand the insurance company’s responsibility in pedestrian injury claims.
Negligence and Negligence Per Se
If your attorney determines that filing a lawsuit against the motorist who injured you is the best course of action and you have significant disfigurement or a permanent injury, your lawyer must prove fault. If the motorist caused the accident that injured you, they breached a duty to drive reasonably and keep others in their path safe, elements necessary for a negligence verdict.
In some cases, your attorney can circumvent proving a duty and breach if the motorist gets a ticket for the cause of your accident, such as driving drunk, which impairs the driver’s cognitive and motor functions and causes them to act below the reasonable standard expected of a motorist. Your attorney must still prove the driver caused your injuries. For a comprehensive look at how authorities determine liability in pedestrian crash cases in Paramus, you can contact our lawyers at Fredson Statmore Bitterman, LLC for a free consultation.
Comparative Negligence Affects Your Liability
The law provides some leeway to pedestrians and others involved in personal injury cases when they seek compensation for injuries that are partly their fault. The jury employs the modified comparative negligence standard, in which members determine and assign the percentage of blame to the motorist, the pedestrian, and any other party who contributed to the accident. The pedestrian cannot be more than 50 percent responsible for the accident to win compensation.
Additionally, the court will reduce the damages award by the pedestrian’s percentage of blame, so if you get an award of $1 million and are assigned 20 percent of the blame, you will receive $800,000 in compensatory damages. Our Paramus attorneys understand how to maximize your compensation by presenting strong evidence to support your pedestrian collision claim, even if you bear some responsibility for your injuries.
Contact a Paramus Lawyer To Discuss Accountability in Pedestrian Injury Claims
Pedestrian accidents involve complex legal and insurance issues, including the motorist’s car insurance in a no-fault state, the requirements for you to be able to file a personal injury lawsuit, and the outcome if you are partially responsible for your injuries. Your legal team must present the best evidence, and medical experts should determine the extent of your injuries to ensure you receive the award that you need.
At Fredson Statmore Bitterman, LLC, we take the time to build and strengthen our clients’ claims for the best outcome. Contact us today to schedule a free consultation and learn how we determine liability in Paramus pedestrian accident cases.
