Being involved in a car accident is scary enough. But being hit by a car that’s jumped the sidewalk can be life-changing. Because of that, the injuries you sustain can warrant civil litigation. Knowing your options after being hit by a car can help you get the financial compensation you deserve.
If you’ve been injured by negligent driving, you can often file a personal injury lawsuit in New Jersey. While traffic accidents between pedestrians and drivers often result in personal injury cases, the level of negligence may play a part in deciding damages. However, in cases where a driver has jumped the sidewalk and hit you, that driver has most likely been negligent, and you can sue for damages.
At Legal Care New Jersey, our experienced New Jersey pedestrian accident lawyers are prepared to fight for you. The Legal Care team can protect your interests throughout the legal process. For a free consultation, call (732) 838-9769 today.
Filing a Lawsuit if You Were Hit on a Sidewalk in New Jersey?
In New Jersey, you can usually file a personal injury lawsuit against a driver if you’ve been injured as a pedestrian. In instances where a driver has jumped the sidewalk and hit you, the case is relatively clear cut. The sidewalk is reserved for pedestrians, who should expect a level of safety when using it.
According to New Jersey state law, N.J.S.A. § 2A:14-2, negligent people can be held liable for the injuries they cause through a lawsuit. Drivers have a legal duty to be responsible, conscientious, and observant while driving and to follow traffic laws. If a driver swerved onto the sidewalk and hit you, they failed to uphold that duty.
There may be some instances where jumping the sidewalk is practically inevitable. Let’s say there’s an accident happening in the road between Drivers B and C. Perhaps Driver A, in an attempt to avoid a collision, jumps the sidewalk with their car, unintentionally hitting you. In that case, the injury is still not your fault, but, all things considered, it might not be Driver A’s fault, either. Although you could still sue Driver A, your attorney may advise you to sue Drivers B and C as well for creating the dangerous situation A had to avoid.
Any time a car jumps the sidewalk and hits a pedestrian in New Jersey, it’s likely not the pedestrian’s fault. That’s because the sidewalk is a designated walking area for pedestrians, not an extra lane for cars. More often than not, if a car jumps the sidewalk, it’s because the driver did not obey traffic laws. That’s considered negligence; not only did the driver break the law, but they also injured a pedestrian. For that, you can usually file a personal injury lawsuit in New Jersey.
What to Do If You Want to File a Car Accident Lawsuit in New Jersey
If you’re considering filing a personal injury lawsuit after being hit by a car in New Jersey, there are a few things to keep in mind. First, it’s important to see a doctor as soon as you can to assess your injuries. Keeping records can also help your case, and being aware of the statute of limitations can help you file on time.
See a Doctor
Before doing anything, it’s important to go to the hospital. If you’ve been hit by a car as a pedestrian, you should quickly seek medical attention. Not only is that important for your health, but also for your case. Immediately seeing a doctor can help prove that your injuries were caused by the accident, which is important for the success of your case.
Assess Your Damages
Some injuries may be more severe than others, but that shouldn’t affect your ability to sue. The severity of your injuries will, however, help your lawyer decide the compensation amount you should receive from the defendant.
A few factors decide the damages in personal injury lawsuits. These include the cost of your medical bills, the amount of lost wages you face, your level of pain and suffering, and the decrease in quality of life the accident causes. Some injuries may prevent you from working or cause your medical bills to skyrocket. Collecting information about these elements can support your case.
If you are considering filing a personal injury lawsuit after being hit by a car that jumped the sidewalk, there are a few things you can do to ultimately help your case. Gathering evidence and keeping records can make all the difference in your lawsuit. Try to keep lists of your medical bills and lost wages. Write down how your injury is affecting your life. Tell your doctors how you’re feeling in detail. Be as thorough as you can. This can all help your case in the end if you decide to sue.
Know the Filing Deadline
There’s one more important thing to keep in mind: the statute of limitations. For personal injury lawsuits in New Jersey, the filing deadline is two years from the date of injury. The statute of limitations can vary from state to state, too. Being aware of the filing deadline for your potential personal injury case is crucial. If you miss the window of opportunity, you can lose the ability to sue for damages. The injuries you’ve sustained after being hit by a car can impact your life and your finances. Missing your opportunity to sue can be catastrophic.
If you’ve been hit by a car as a pedestrian, it’s important to find an attorney that’s ready to fight for you. Call the experienced New Jersey personal injury lawyers at Legal Care New Jersey today at (732) 838-9769 for a free consultation.