Car accidents involving pedestrians can lead to catastrophic injuries, mainly because cars are much larger than those they strike, and pedestrians have little protection. If you’ve been hit by a car, the driver may owe you compensation for your injuries, lost wages, and more. A New Jersey pedestrian accident lawyer can review your case and fight for the compensation you deserve.
How quickly your case settles depends on a variety of factors. Here’s a closer look at how these complex cases work.
When Will My Pedestrian Accident Be Settled?
Pedestrian accidents may settle within a few weeks, or the process may take years. Many factors affect the length of time it takes for your case to settle, and every case is unique.
Probably the biggest factor is whether you settle with the insurance company or your case winds up in court. The driver’s insurance company won’t be eager to settle, but they’ll be even less eager to go to trial. Your attorney’s evidence-gathering and negotiation skills will have an impact on the stage at which your case resolves. It definitely pays to have an experienced and knowledgeable pedestrian accident attorney on your side.
The severity of your injuries can also affect the speed with which your case is settled. More severe injuries lead to a longer period of medical treatment, with more expenses. This can make it take longer to determine what a fair amount of compensation would be.
What Is the Average Payout for a Pedestrian Hit by a Car in New Jersey?
Just like the duration of your case, the amount of compensation you receive can vary widely. Pedestrian accident settlements may be as little as a few thousand dollars or run into the millions. Again, it depends on the specifics of your case.
The biggest contributing factor when determining compensation is the extent of your injuries and the resulting medical expenses. Catastrophic injuries merit much higher compensation than relatively minor injuries that are likely to heal without extensive treatment.
The kind of compensation you seek will also determine your settlement amount. In New Jersey, you can seek compensation for medical expenses, lost income, pain and suffering, and other accident-related expenses.
Other factors that affect your settlement amount include the driver’s insurance coverage and whether you were partially at fault.
What Are the Main Causes of Pedestrian Accidents?
Pedestrian accidents may have a number of causes, almost all of them originating with the driver. Some of the most common causes of car accident pedestrian injuries include:
- Driver negligence
- Speeding
- Distracted driving
- Failure to yield
- Driving while impaired
- Impatient driving
- Road design
- Weather conditions
- Poor visibility
Your pedestrian accident attorney will conduct research to identify factors that caused and contributed to the accident and your injuries.
What Happens if a Pedestrian Causes an Accident?
It’s comparatively rare, but it’s possible for a pedestrian to cause an accident. A pedestrian may walk into the street without checking for traffic, or they might be looking at their cell phone. Accidents also happen when pedestrians are impaired, wear dark clothing at nighttime, or fail to use the crosswalk.
Pedestrians have certain responsibilities, and chief among them is looking out for their own safety. They have the right of way in crosswalks when the signal indicates it’s their turn to cross. However, they must yield to drivers when crossing without a crosswalk, and when they don’t have a crosswalk signal. Pedestrians should also walk on the sidewalk or on the shoulder when no sidewalk is available.
New Jersey has a comparative negligence law that applies to pedestrian accidents. If you’re found partially at fault for causing the accident, the percentage of fault will proportionately reduce your compensation. For example, if your settlement amount is $10,000, but you were 10 percent responsible, your adjusted compensation will be $9,000. Additionally, if you were 51 percent or more responsible, you would be barred from receiving any compensation.
Steps to Take if You’ve Been Involved in a Pedestrian Accident
If you’ve been involved in a pedestrian accident, you need to do several things. These steps will be beneficial for your health, as well as for your legal case:
- Follow Your Treatment Plan — It’s important to seek medical care right away after being hit by a vehicle. But it’s just as critical that you attend all follow-up appointments and closely follow medical professionals’ instructions. Your goal is to heal, and you need to demonstrate a serious and committed effort to regain your health.
- Keep Track of Evidence — Accidents lead to a lot of paperwork. You’ll have medical bills, statements, and receipts, plus communication from medical providers and insurance companies. Keep track of all this paperwork, and keep it organized. This evidence will be essential as you seek compensation for your injuries.
- Talk to an Attorney — Before you start engaging with insurance companies, reach out to a pedestrian accident attorney. They’ll inform you of your legal rights and help you understand your options. They can also simplify the legal process and ensure your claim is filed before the two-year statute of limitations passes.
The steps you take following a pedestrian accident have a critical impact on how your case proceeds. It’s important that you make sure you don’t do anything that might jeopardize your claim.
Contact a New Jersey Pedestrian Accident Attorney
The process of seeking compensation after a pedestrian accident can be complicated and time-consuming. During this time, your physical health should be your highest priority. That’s why you need an experienced New Jersey pedestrian accident lawyer. An attorney can help you navigate the legal process, giving you the time and space to heal.
The team at Brach Eichler Injury Lawyers has recovered over $535 million for our clients. We understand that your case is unique. That’s why we’re here to listen to your concerns and answer your questions. We’re committed to helping you seek the justice and compensation you deserve, and you don’t pay unless we recover money for you.
Contact our pedestrian accident law firm today by calling (973) 364-8300. We look forward to meeting with you, hearing your story, and helping you understand your legal options.
Written by: Brach Eichler Injury Lawyers Last Updated : August 27, 2024We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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