New Jersey Pedestrian Accident Attorney: How Can They Help You?

Immediate Steps After Being Hit

Quick action after a pedestrian accident can significantly impact your legal case outcome. The first thing to remember is that your safety takes priority over everything else.

Call Emergency Services

If possible, move to a safe location and dial 911 immediately. Even if others have already contacted emergency services, make your call to ensure help arrives promptly. Subsequently, the police will create an official accident report, which becomes vital evidence for your case.

Document The Accident Scene

Once you’re safe, start documenting the accident scene thoroughly. Take photos of:

• The vehicle that struck you
• The exact location of the incident
• Any visible traffic signals or signs
• Road conditions and visibility
• Your injuries and damaged clothing

Furthermore, if your physical condition allows, note down specific details about the accident while your memory remains fresh. This documentation serves as crucial evidence for your personal injury claim or potential legal action.

Gather Witness Information

Witness accounts can make a substantial difference in your case. Moreover, memories fade quickly, so collecting witness statements shortly after the accident provides the most accurate information. Approach any bystanders who saw the incident and politely request:

• Their full name
• Phone number
• Email address
• A brief statement about what they observed

If you’re injured and unable to gather this information yourself, ask someone nearby to help or wait for the police to collect witness statements. The responding officers will include witness accounts in their official report, providing valuable third-party perspectives on the incident.

Remember to obtain the negligent driver’s contact details, insurance information, and license plate number. If the driver attempts to offer cash instead of involving authorities, politely decline and insist on proper documentation through official channels.

Understanding Your Legal Protection

New Jersey law provides robust protection for pedestrians through comprehensive legislation aimed at preventing accidents and ensuring safety. The state’s commitment to pedestrian protection is evident in two primary laws governing road safety.

New Jersey Pedestrian Laws

The Safe Passing Law, effective in March 2022, establishes strict guidelines for drivers approaching pedestrians. According to this law, drivers must maintain a 4-foot safety zone when passing pedestrians on single-lane roads. When keeping this distance isn’t possible, drivers must slow down to 25 mph until they can pass safely. Particularly serious violations resulting in bodily harm carry a $500 fine and two motor vehicle points.

The Stop and Stay Stopped Law forms another cornerstone of pedestrian protection. This legislation requires drivers to come to a complete stop for pedestrians in marked crosswalks and remain stopped until the person has crossed safely. Violations of this law result in a $200 fine, a 15-day community service requirement, and four motor vehicle points.

Right-of-way Rules

New Jersey’s right-of-way rules establish clear guidelines for both drivers and pedestrians. Essentially, drivers must:

• Stop and remain stopped while pedestrians cross within marked crosswalks
• Yield to pedestrians at unmarked crosswalks in uncontrolled intersections
• Exercise due care for pedestrian safety on all roadways
• Avoid overtaking vehicles stopped for pedestrians

When a vehicle collides with a pedestrian in a marked crosswalk, the law creates a “permissive inference” that the driver failed to exercise due care. This legal presumption strengthens the position of injured pedestrians seeking compensation.

According to state law, pedestrians crossing on a ‘Go’ or green signal maintain right-of-way over all vehicles, including those making left-hand turns. Nevertheless, pedestrians also bear certain responsibilities. They must yield to vehicles when crossing outside marked crosswalks and cannot suddenly leave a curb when a car is too close to stop safely.

Recent pedestrian accident statistics underscore the importance of these protections – New Jersey experienced 223 pedestrian fatalities in 2024, the highest number since 1988. Consequently, the state has intensified its focus on enforcement and education regarding these laws to prevent future accidents.

Filing Insurance Claims

Understanding insurance claims after a pedestrian accident requires careful attention to specific procedures and deadlines. New Jersey’s insurance system offers several paths to compensation for injured pedestrians.

Personal Injury Protection Coverage

New Jersey requires all drivers to carry Personal Injury Protection (PIP) insurance with a minimum coverage of $15,000. Primarily, if you’re struck by a car while walking, your own auto insurance PIP policy covers your injuries, even as a pedestrian. Notably, this coverage extends to family members living in your household.

For pedestrians without personal auto insurance, the coverage source depends on specific circumstances. Generally, if you live with a relative who has auto insurance, their PIP policy will cover your injuries. In cases where no personal or family coverage exists, you may seek benefits through the New Jersey Property-Liability Insurance Guaranty Association (PLIGA).

Dealing with Insurance Adjusters

Following an accident, insurance adjusters will likely contact you. While they may seem helpful, remember they represent the insurance company’s interests. To protect your claim, consider these essential guidelines when communicating with adjusters:

• Provide only basic personal information (name, address, contact details)
• Avoid discussing injury details or accident specifics
• Decline requests for recorded statements
• Refrain from sharing employment or medical history
• Direct all complex questions to your legal representative

Time Limits for Claims

Time restrictions for filing claims in New Jersey are strict and crucial. The statute of limitations allows two years from the accident date to file a personal injury lawsuit. Hence, missing this deadline could forfeit your right to compensation.

Special circumstances may affect these timeframes. For instance, claims against public entities require filing a Notice of Tort Claim within 90 days of the incident. Overall, if you suspect the insurance company has bad faith in handling your claim, you have six years to file a breach of contract lawsuit.

The complexity of PIP laws often leads to coverage disputes. Therefore, acting promptly after an accident helps protect your legal rights and ensures access to available compensation options. Consulting with Mr. SRIS can help you navigate these complexities effectively.

Getting Medical Treatment

Proper medical care after a pedestrian accident determines the success of your recovery and the strength of your legal claim. The moments after impact require swift decisions about your healthcare.

Emergency Care Options

Primarily, your geographic distance from a designated trauma center plays a crucial role in treatment success. Trauma centers offer specialized care essential for pedestrian accidents, where unique injury patterns demand expert attention. These facilities maintain dedicated trauma teams working simultaneously to evaluate and treat multiple injuries.

Indeed, major trauma cases should receive stabilization and diagnosis within 30 minutes of hospital arrival. For severe injuries, direct transport to a Level I trauma center helps reduce mortality rates. The trauma team follows a systematic approach, starting with airway assessment, breathing evaluation, and circulation checks while maintaining proper spine stabilization.

Follow-up Treatments

Although emergency care addresses immediate concerns, recovery often requires extensive ongoing treatment. Certainly, many pedestrian accident survivors need long-term medical procedures after initial stabilization. Your recovery timeline might extend several months or longer, depending on injury severity.

The treatment plan typically includes:

• Regular medical evaluations
• Physical therapy sessions
• Pain management procedures
• Psychological support for trauma
• Specialized care for specific pedestrian injuries

Completing all prescribed treatments remains crucial, no matter how minor your injuries might seem. Insurance companies often attempt to reduce compensation when patients skip recommended medical care.

Medical Documentation Importance

Proper medical documentation serves as the foundation for your legal claim. Presently, your medical records must demonstrate a clear connection between the accident and your injuries. These documents tell the complete story of your medical journey, from emergency response to rehabilitation.

Your healthcare providers should document every aspect of treatment, including X-rays, MRI scans, and detailed progress notes. This comprehensive record helps counter potential arguments about pre-existing conditions or injury severity. Furthermore, some injuries, such as soft tissue damage or whiplash, might not show immediate symptoms, making early medical visits particularly important.

When arriving at the hospital, present your car insurance information rather than health insurance details. Under New Jersey law, your auto insurance’s Personal Injury Protection (PIP) covers medical expenses, regardless of who caused the accident. For those without personal auto insurance, coverage might come from household relatives’ policies or the New Jersey Property Liability Guaranty Association.

Calculating Your Compensation

Determining fair compensation after a pedestrian accident requires careful consideration of various factors and detailed documentation. The final settlement amount depends on several key components that must be accurately calculated. This is where the experience of the best pedestrian accident lawyer can be invaluable.

Medical Expenses Coverage

Medical expense compensation encompasses both current and future healthcare costs. Primarily, your claim should include all expenses related to your recovery, from emergency treatment to rehabilitation. Insurance typically covers:

• Emergency room visits and hospital stays
• Surgical procedures and follow-up care
• Physical therapy and rehabilitation
• Prescription medications
• Medical equipment and devices
• Future medical treatments

In fact, minor injuries might result in settlements ranging from USD 10,000 to USD 50,000, while severe injuries involving traumatic brain damage or spinal cord trauma can lead to compensation in the millions. Fundamentally, accurate documentation of all medical expenses strengthens your claim for full compensation.

Lost Wages Calculation

Lost wage compensation varies based on your employment status and income structure. For hourly workers, the calculation begins by multiplying your hourly rate by the number of missed work hours. As a result, if your hourly wage is USD 20.00 and you missed three 8-hour workdays, your lost wages would total USD 480.00.

Salaried employees require a different approach. Take your annual salary and divide it by 2,080 (the number of working hours per year). For instance, with a USD 40,000 yearly salary, missing three workdays would result in approximately USD 461.54 in lost wages.

Self-employed individuals face unique challenges in proving income loss. Besides regular income, you can claim lost business opportunities and potential earnings. For example, if your annual income is USD 80,000, your daily rate would be approximately USD 219, multiplied by the number of missed workdays.

Pain and Suffering Damages

Pain and suffering compensation accounts for both physical discomfort and emotional distress. Insurance companies typically use two primary methods to calculate these damages:

The multiplier method assigns a factor between 1.5 and 5 to your economic damages, depending on injury severity. For instance, if your medical expenses and lost wages total USD 20,000, and a multiplier of 3 is applied, your pain and suffering compensation would be USD 60,000.

Alternatively, the per diem approach assigns a daily rate for your pain and suffering. In this method, if you experience pain for 100 days at USD 200 per day, your compensation would be USD 20,000.

Ultimately, your total compensation might include additional factors such as lost benefits, 401(k) contributions, and performance bonuses. The severity of your injuries and their impact on your quality of life significantly influence the final settlement amount. Ordinarily, insurance adjusters attempt to minimize settlements, making thorough documentation and proper calculation methods crucial for securing fair compensation.

Conclusion

Pedestrian accidents bring physical, emotional, and financial challenges that require careful navigation through legal and medical processes. Understanding your rights under New Jersey law serves as your strongest defense against unfair treatment by insurance companies or at-fault drivers.

Quick action remains essential after an accident. Proper documentation, thorough medical treatment, and careful handling of insurance claims build a solid foundation for fair compensation. Though the legal process might seem complex, each step – from gathering evidence to calculating damages – plays a vital role in protecting your interests.

Remember that compensation extends beyond immediate medical bills. Lost wages, future medical needs, and pain and suffering factor into your settlement amount. Statistics show that pedestrian accidents often result in significant damages, making professional legal guidance valuable for securing appropriate compensation.

The path to recovery after a pedestrian accident demands patience and proper support. Armed with knowledge about your rights and the claims process, you stand better equipped to handle challenges while focusing on your recovery. Time limits apply strictly to accident claims, therefore acting promptly helps preserve your legal rights and increases chances for fair compensation.

If you’ve been involved in a pedestrian accident in New Jersey, consider consulting with a pedestrian car accident attorney or walking accident lawyer who specializes in these cases. They can provide guidance on navigating the legal process, dealing with insurance companies, and ensuring you receive the compensation you deserve for your injuries and losses. Contact us today for professional assistance.