Pedestrians use roads just like those on vehicles and are at much higher risk of injury because no metal shell protects them. New Jersey is the 19th most unfortunate State in the US for pedestrian accidents, with 870 pedestrian deaths between 2016 and 2020. Innocent pedestrians, especially children and the elderly, are often struck by careless drivers causing death and life-threatening injuries.
However, many people lack the necessary information about the issue, and now there is the issue of accidents involving ride-sharing companies too. Therefore, we’ll clear all your confusion in this article and tell you everything about pedestrian accidents in New Jersey and what to do if you’re involved in one.
Liability for Pedestrian Accidents in New Jersey
The liability in any pedestrian accident where a vehicle has hit someone or in a slip and fall case depends upon who is at fault and who bears the responsibility. Personal injury law works on the principle that everyone has a duty to others, and not fulfilling it means negligence which is punishable.
So, if a person’s negligence injures someone, they’re entitled to compensation equivalent to the damages that have occurred, such as:
- Medical treatment
- Rehabilitation and therapy costs
- Disfigurement or loss of an organ
- Present and future wage loss
In New Jersey, the 51% Rule is followed, meaning that if the plaintiff (the one injured) shares 51% or more of the fault, they’re not entitled to compensation.
If you’re a victim of a hit-and-run case, the police might be able to locate the culprit if you give them some valuable information, such as a license plate. They might also use other forms of evidence to identify the driver. If they cannot locate the driver, you can use New Jersey Auto Insurance to make a claim. If you don’t have that one, then you might not be able to receive compensation for damages.
Accidents from Road Conditions
If you suffer injuries not from a car accident but from the condition of the road, potholes, poorly executed traffic patterns/signals, poor lighting, or any obstructions, you might make a claim using premises liability.
Getting injured on private property allows you to file a claim against the property owner. However, getting injured on public property is slightly different as you need to file your claim against a public entity. In either case, you require help from a personal injury lawyer.
Right of Way in New Jersey
It is crucial to understand the pedestrian laws in NJ as your damages can be reduced by your share in the fault. Two sections in the New Jersey law talk about it:
- The driver must yield the right of way to pedestrians when crossing using any unmarked crosswalk at an intersection, except in the presence of traffic signals and a tunnel or overhead crossing.
- The pedestrian must yield the right of way if there is no marked or unmarked crossing.
Penalties for Violating NJ Right Of Way Laws
A driver that doesn’t yield the right of way to pedestrians can face the following penalties:
- 2 points on the driver’s license
- $200 fine
- 15 days of community service
- Insurance surcharges
A pedestrian who doesn’t yield the right of way to a driver can face a $54 fine.
What to Do When a Pedestrian is Hit By a Vehicle?
Do the following things if you have been hit by a vehicle:
- Call 911 for immediate medical help. If you cannot do it yourself, ask a bystander to do it for you. It is crucial to get immediate medical attention, even if you have minor injuries.
- Call the police to file a report containing the driver’s information, facts related to the accident, a description of the scene, and other relevant information.
Have you been involved in an accident and want legal help? We at the Law Office of Raffi T. Khorozian P.C. have served innocent pedestrians since 1993. Our team has extensive experience in getting fair compensation for ordinary people who have been wronged. The standard industry rate is 33% of the recovery amount, while we only charge 25% because we genuinely care about our clients.
We work with experience and knowledge, bringing you peace of mind while being genuinely accessible. So, find us at our 15 locations or contact us to get your rightful compensation.
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