New Jersey Pedestrian Accident Attorney: How Can They Help You?
Pedestrian accidents are unfortunately common and can result in severe injuries or even fatalities. When you or a loved one is involved in a pedestrian accident in New Jersey, it’s essential to have legal support from a New Jersey pedestrian accident attorney who understands the complexities of these cases. Here, we’ll explore what a pedestrian accident attorney does, why their assistance is crucial, and how they work to secure justice for sufferers.
What is a Pedestrian Accident?
Pedestrian accidents refer to any incident where a pedestrian is struck by a vehicle, including cars, trucks, motorcycles, or buses. These accidents are often severe because pedestrians have little protection against the force of a car. The injuries sustained can range from broken bones and spinal injuries to traumatic brain injuries or fatalities. Taking the proper legal action to remedy the harm caused is essential because of the possibility of life-altering injuries. A pedestrian accident lawyer New Jersey can help guide the legal process and advocate for fair compensation to address the harm and long-term impacts.
Why Should You Hire a New Jersey Pedestrian Accident Attorney?
Handling a pedestrian accident claim can be challenging, especially if you’re recovering from injuries. A focused attorney brings knowledge and experience to the table, helping you navigate the legal process, comprehend your rights, and maximize your chances of receiving fair compensation. They handle everything, including negotiating with insurance companies and gathering proof, so you can focus on recovering.
What Types of Compensation Can You Seek?
In pedestrian accident cases, you may be eligible for various types of compensation, including:
- Medical Expenses: Covers costs of hospital stays, surgeries, rehabilitation, and other healthcare needs.
- Lost Wages: Compensates you for income lost due to time off work during recovery.
- Pain and Suffering: Accounts for physical pain and emotional distress experienced because of the accident.
- Punitive Damages: In cases where the driver’s conduct was particularly reckless, the court may award punitive damages as a deterrent.
How Can an Attorney Prove Negligence in a Pedestrian Accident?
Proving negligence is central to any personal injury case. To build a strong claim, your attorney, especially a NJ pedestrian accident lawyer, will establish the following:
- Duty of Care: They must demonstrate that the driver had a duty to exercise care on the road.
- Breach of Duty: Evidence is required to show the driver failed to uphold this duty by driving recklessly, speeding, or being distracted.
- Causation: The attorney needs to link the driver’s actions directly to the accident.
Damages: Finally, they will document the physical, emotional, and financial harm you suffered due to the accident.
What Steps Will Your Attorney Take in Your Case?
The steps of a New Jersey pedestrian accident attorney are as follows:
Case Investigation: The attorney will thoroughly investigate the accident by reviewing police reports, interviewing witnesses, and collecting any available physical evidence.
Accident Reconstruction: If needed, they may collaborate with accident reconstruction proficients to create a detailed understanding of how the incident happened.
Negotiation with Insurance Companies: Our attorney will handle all communications with insurers, negotiating for a fair settlement to prevent lowball offers.
Settlement or Court Preparation: If a fair settlement can’t be reached, your attorney will be prepared to take your case to court, representing your interests for maximum compensation.
How Do Pedestrian Laws in New Jersey Impact Your Case?
New Jersey has specific pedestrian accident laws that protect pedestrians, requiring drivers to stop for pedestrians at marked crosswalks and yield the right of way. However, because the state adheres to a “modified comparative negligence” rule, a pedestrian’s compensation might be lowered if they are found to be partially at fault. If the pedestrian’s fault exceeds 50%, they may not be eligible for any compensation. An experienced attorney understands New Jersey pedestrian accident laws and can navigate them to support your case.
What Evidence is Crucial in a Pedestrian Accident Case?
Key evidence in pedestrian accident cases includes:
- Police reports often contain detailed information about the accident’s circumstances.
- Eyewitness Testimonies: Statements from bystanders who saw the accident can strengthen your claim.
- Surveillance Footage: Security cameras near the scene can offer an unbiased view of how the accident unfolded.
- Medical Records: Documenting your injuries is essential to prove the extent of your harm.
How Long Do You Have to File a Claim?
In New Jersey, the statute of limitations for personal injury cases, including pedestrian accidents, is generally two years. This means you have two years from the accident date to file a lawsuit. Missing this deadline could result in losing your right to seek compensation, making it essential to consult a pedestrian accident lawyer in New Jersey promptly.
Can a Pedestrian Accident Attorney Handle Insurance Companies for You?
Dealing with insurance companies can be frustrating, as they often try to minimize payouts. A pedestrian accident attorney can handle communications, ensuring that insurers don’t undervalue your claim. They know the tactics insurers use and can effectively negotiate for a fair settlement, giving you peace of mind.
How Much Does It Cost to Hire a Pedestrian Accident Attorney?
Many pedestrian accident attorneys in New Jersey work on a contingency fee basis, meaning you only pay if they win your case. This structure allows you to pursue legal action without the burden of upfront costs. The attorney’s fee is usually a percentage of the settlement, and this will be clearly discussed during your initial consultation.
What Should You Do if You’re Involved in a Pedestrian Accident?
If you’re injured in a pedestrian accident, it’s crucial to:
- Seek Medical Attention: Documenting your injuries is vital for your case and ensures you receive the care you need.
- Report the accident: File a police report to have an official record of the incident.
- Gather Evidence: If possible, take photos of the scene, your injuries, and any nearby surveillance cameras.
Contact an Attorney: An experienced pedestrian accident lawyer in New Jersey can guide you on the best steps to take to protect your rights.
With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and competence to every case. Navigating the aftermath of a pedestrian accident is challenging, but you don’t have to face it alone. Working with a New Jersey pedestrian accident attorney ensures your case is handled with professionalism, boosting your chances of a favorable outcome. Contact us today to get the support you need.
FAQ’s:
They represent sufferers of pedestrian accidents, helping them seek compensation for injuries and damages.
Seek immediate medical attention, document the scene, and contact a lawyer to understand your rights.
Pedestrians generally have the right of way at marked crosswalks and intersections.
You can expect a review of your case, an explanation of your legal options, and a discussion of potential next steps.
