Injured in a Pedestrian Accident? Here’s What You Need to Know to File a Claim

December 2, 2020

New Jersey is one of the most densely populated state in the United States with nearly nine million residents. This corresponds with a high number of pedestrian traffic and likewise pedestrian accidents. 

The first thing to understand is that there is no such thing as a “minor” pedestrian accident. A 3000 pound vehicle moving at 40 mph can cause significant harm to a pedestrian. Here are some of the most common causes of pedestrian accidents, what you should do in the event of an accident, and how to protect yourself against insurance companies. 

Read more: Do I Have a Personal Injury Case?

What Are Some of the Most Common Causes of Pedestrian Accidents in New Jersey? 

Using data collated by the New Jersey State Police, Middlesex County has had the highest number of pedestrian accidents this year, with Essex County not too far from the top. Here are some common causes of pedestrian accidents in New Jersey: 

• Texting while driving 
• Driving under the influence (DUI) 
• Speeding 
• Driver or pedestrian negligence 
• Poor weather conditions 
• Left-hand turns 
• Backing up accidents 

Read more: Pedestrian Versus Vehicle Accidents

Who Is Liable in the Event of a Pedestrian Accident? 

In most cases of a pedestrian accident, the driver is held liable, but in certain situations, third-parties may be held financially responsible for pedestrian injuries. These may include: 

• The New Jersey Department of Transportation for failing to correct road defects.
• Car manufacturers for faulty vehicles (e.g., in the event of a brake failure)
• Passengers who may have distracted the driver.
• Vehicle owners who knowingly entrusted their vehicle to an incompetent driver

Here’s What to Do if You Are Involved in a Pedestrian Accident 

• Seek medical attention. Even if you feel your injuries are not serious it is best to seek medical attention. This is especially important in accidents involving a blow to the head. 
• Gather evidence. Have someone gather evidence of the scene or if your injuries did not render you physically incapable, you can do it quickly before seeking medical attention. Take pictures and videos of the accident scene (all videos and photographs should be time-stamped). Also, photograph any personal items which may have been damaged during the accident. 
• Find witnesses. Collect the names and numbers of eyewitnesses if there are any as they may be valuable witnesses to your claim. 
• Report the incident. Report the incident to the police as soon as possible. You can also obtain an accident report from the New Jersey State Police. Note that this may cost between $5-$10 depending on the location of the accident. 
• Save all relevant receipts. Keep all medical records and bills involved with the incident. This involves receipts for all treatments, tests, and appointments made due to the accident. Also, keep receipts from any repair costs incurred due to personal items damaged during the incident. 
• Seek legal counsel. Avoid speaking to the driver or their insurance company as much as possible and seek out an attorney experienced in such situations. 

Read more: How To Write A Demand Letter in New Jersey

Contact a Morristown Personal Injury Lawyer to Discuss Your Pedestrian Accident Case in New Jersey

Did you or a loved one sustain serious injuries due to a pedestrian accident in 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 Hoyt & Hoyt, PC represent clients injured because of pedestrian accident in Rockaway, Morris Township, Woodbridge, Perth Amboy, and throughout New Jersey. Call (973) 292-2299 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 67 East Park Place, 5th Floor, Morristown, NJ 07960, as well as an office in New Brunswick, NJ.

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.