Warmer weather means that more people enjoy the outdoors by foot. Local sidewalks will fill up with pedestrians, both walking and biking. Unfortunately, an increase in pedestrians also often means an increase in the number of pedestrian accidents. Being aware of other drivers and pedestrians at all times and knowing the common causes of accidents can help you prevent them.
Most Common Causes of Pedestrian Accidents in New Jersey
These are a few of the most common causes of pedestrian accidents in New Jersey:
- Distracted driving
- Driving under the influence
- Failing to follow local laws
- Failing to follow street signs
Driver distraction, as well as a lack of knowledge or failing to follow street signs and local laws, can lead to a disastrous passenger accident.
Determining Fault in a Pedestrian Accident
In order to ensure the safety of both drivers and pedestrians, it is both individual’s responsibility to uphold a legal duty of care.
Drivers must uphold a legal duty of care when driving on New Jersey, or any other state’s roads, which includes understanding local laws and paying attention to pedestrians. While it might seem like the driver is always at fault when a pedestrian accident occurs, it is also possible for the pedestrian to carry some of the fault. Pedestrians also have a legal duty of care to protect themselves when on the road.
New Jersey Comparative Negligence Laws
The state of New Jersey does follow comparative negligence laws. This means that more than one individual can be at fault. However, as long as the pedestrian holds less than 50% of fault, then they can still seek compensation for their damages. Depending on the details of the accident, the judge may find that both the driver and the pedestrian are at fault.
Recoverable Damages in a Pedestrian Accident
Being involved in a pedestrian accident can be life-changing. It can leave you with both immediate and ongoing medical bills. It can also affect your ability to return to work, which can put you in an even more difficult financial position.
Fortunately, New Jersey allows injured pedestrians to recover the following types of costs:
- Emergency medical bills/ transportation
- Ongoing/ expected medical costs
- Rehabilitation costs
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Property damage
- Temporary childcare
Your pedestrian accident lawyer will help you evaluate the details of your case and determine its value. It is important to consider both immediate and future costs when determining an appropriate compensation value.
Tips to Reduce Pedestrian Accidents
There are things that both pedestrians and drivers can do to increase their safety on the road. A few tips include:
- Wear light colors or reflective items when walking at night
- Know your city’s street laws
- Avoid distractions
- Follow all posted signs
- Be aware during times of reduced visibility, such as poor weather
- Avoid mind-altering substances
Fortunately, many pedestrian accidents can be prevented. Whether you are the driver or the pedestrian, it is important to take care and to be aware of your surroundings at all times. If you are involved in a pedestrian accident, it is important to reach out to an experienced pedestrian accident lawyer as soon as possible.
Contact an Atlantic City Pedestrian Accident Lawyer to Discuss Your Case in New Jersey
Did you or a loved one sustain serious injuries due to a pedestrian accident in the state of New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at the Law Offices of Richard A. Stoloff represents clients injured because of a pedestrian accident in Atlantic City, Hamilton, Hammonton, Ventnor City, and throughout New Jersey. Call (609) 601-2233 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 605 New Road, Linwood, NJ 08221, as well as an office in Philadelphia, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.