Filing a Personal Injury Claim After a Pedestrian Accident in New Jersey: How to Get the Compensation You Deserve
Being struck by a vehicle as a pedestrian is a frightening experience, often leading to severe injuries, high medical bills, and emotional trauma. If you’ve been injured in a pedestrian accident in New Jersey, understanding your rights and the process of filing a personal injury claim is essential.
This blog will offer insight into what to expect, how compensation is calculated, and why working with a pedestrian accident lawyer is critical for your case.
Common Causes of Pedestrian Accidents in New Jersey
Pedestrian accidents can happen anywhere—from busy intersections to quiet residential streets. Many accidents occur because of driver negligence, but the specific causes can vary. Here are some of the most common reasons pedestrian accidents happen:
1. Distracted Driving
Drivers who are texting, using their GPS, or otherwise distracted can fail to see pedestrians crossing the road. Even a momentary lapse in attention can lead to a serious accident.
2. Speeding
Speeding is a major factor in the severity of pedestrian accidents. When drivers exceed the speed limit, they have less time to react, and the impact of the collision is much more severe.
3. Failing to Yield at Crosswalks
New Jersey law requires drivers to stop and yield the right of way to pedestrians at crosswalks. However, not all drivers adhere to this rule, putting pedestrians at risk of being hit.
4. Driving Under the Influence
Drivers who operate their vehicles under the influence of alcohol or drugs pose a significant danger to pedestrians. Impaired drivers have slower reaction times, poor judgment, and a diminished ability to see pedestrians in their path.
5. Poor Weather Conditions
Rain, snow, or fog can reduce visibility for drivers, making it harder to spot pedestrians. Additionally, slippery roads can prevent cars from stopping in time to avoid a collision.
Types of Injuries from Pedestrian Accidents
The injuries sustained in a pedestrian accident are often severe, given the lack of protection pedestrians have against vehicles. Here are some of the most common types of injuries:
1. Traumatic Brain Injuries (TBI)
Head trauma is common in pedestrian accidents and can result in concussions or more serious brain injuries. Even mild TBIs can lead to lasting cognitive issues, while more severe injuries can result in permanent disability or death.
2. Broken Bones
Pedestrians often suffer fractures in the arms, legs, ribs, or pelvis when struck by a vehicle. Depending on the severity, these fractures can require extensive surgery and long-term rehabilitation.
3. Spinal Cord Injuries
Injuries to the spine can result in partial or complete paralysis. Pedestrian accident victims with spinal cord injuries may face lifelong challenges, including mobility issues and the need for ongoing medical care.
4. Internal Injuries
When a pedestrian is hit by a vehicle, the force of the impact can result in serious internal injuries, such as damage to vital organs like the liver, kidneys, or spleen. Additionally, internal bleeding may occur if blood vessels are ruptured by the trauma.
Unlike visible injuries, internal damage isn’t always immediately obvious, but symptoms such as dizziness, abdominal pain, or swelling may develop hours or even days after the accident. Seeking immediate medical attention is essential to diagnose and treat these injuries before they become life-threatening.
5. Cuts and Lacerations
Broken glass, metal, and other debris from the accident can cause deep cuts and lacerations, leading to scarring or infection if not treated promptly.
Filing a Personal Injury Claim for a Pedestrian Accident
If you’ve been injured in a pedestrian accident, filing a personal injury claim is the first step in securing compensation for your injuries and other damages. Here’s what you need to know about the process:
1. Get Medical Care Right Away
After an accident, it’s vital to see a doctor as soon as possible, even if you feel relatively fine. Conditions like whiplash, soft tissue injuries, or hairline fractures can go unnoticed at first but may become more painful and limit mobility later. A medical evaluation can identify these injuries early, preventing complications.
Additionally, medical documentation serves as crucial evidence in proving the extent of your injuries when filing a personal injury claim, helping ensure you receive fair compensation for your recovery.
2. Gather Evidence from the Scene
If you are physically able, gather evidence from the accident scene. Take photos of the vehicle, the road conditions, and any visible injuries. Collect the contact information of any witnesses who saw the accident happen.
3. Contact a Pedestrian Accident Lawyer
Working with an experienced pedestrian accident lawyer is crucial for building a strong case. Your attorney will help you gather the necessary evidence, navigate the legal process, and ensure you understand your rights. A personal injury lawyer can also negotiate with insurance companies on your behalf, ensuring you receive a fair settlement.
4. File a Personal Injury Claim
Once you have all the necessary information, your lawyer will file a personal injury claim against the at-fault driver’s insurance company. The claim will outline the details of the accident, your injuries, and the compensation you are seeking for medical expenses, lost wages, and pain and suffering.
How Compensation is Calculated in a Pedestrian Accident Claim
Compensation in pedestrian accident cases is designed to cover both the economic and non-economic losses you’ve suffered. Here’s how damages are typically calculated:
1. Medical Expenses
Medical costs can quickly add up after an accident. Compensation should cover hospital stays, surgeries, medications, rehabilitation, and any future medical treatment you may need as a result of your injuries.
2. Lost Wages and Earning Capacity
If your injuries prevent you from working, you can be compensated for lost wages during your recovery period. In cases of long-term disability, you may also be entitled to compensation for diminished earning capacity if you are no longer able to perform your job as you once could.
3. Pain and Suffering
In addition to financial losses, pedestrian accident victims may experience physical pain and emotional trauma. Compensation for pain and suffering addresses these non-economic damages, accounting for the mental and emotional toll the accident has taken on your life.
4. Property Damage
If any of your personal property, such as a phone or other belongings, was damaged in the accident, you may be compensated for repair or replacement costs.
Why You Need a New Jersey Pedestrian Accident Lawyer
Navigating a personal injury claim on your own can be overwhelming, especially while recovering from serious injuries. Hiring a pedestrian accident lawyer ensures that your case is handled professionally, and your rights are protected. Here’s why having a lawyer is crucial:
1. Investigating the Accident
A pedestrian accident lawyer will thoroughly investigate the accident, gathering evidence such as police reports, medical records, and witness statements. They will also review any available video footage or data from traffic cameras that can support your claim.
2. Negotiating with Insurance Companies
Insurance companies often try to minimize their payouts to accident victims. A personal injury lawyer will negotiate on your behalf, ensuring that you receive a fair settlement that fully covers your injuries and other damages.
3. Handling Legal Deadlines
New Jersey has a statute of limitations for filing personal injury claims, meaning you have a limited time to pursue compensation after a pedestrian accident. Your lawyer will ensure all paperwork is filed on time and that your case stays on track.
4. Maximizing Compensation
An experienced pedestrian accident lawyer will know how to accurately assess your losses and fight for maximum compensation. Whether through a settlement or court trial, your lawyer’s goal is to ensure you receive the full amount you’re entitled to under the law.
Contact the Personal Injury Attorneys at CourtLaw for Legal Help After a Pedestrian Accident in New Jersey
If you’ve been injured in a pedestrian accident in New Jersey, you don’t have to go through the legal process alone. The skilled attorneys at CourtLaw are here to help you pursue the compensation you deserve.
Call 732-442-5900 or fill out our online contact form to schedule a free consultation today. Our team is ready to guide you through every step of your personal injury claim.
