Being hit by a car while walking on foot is incredibly dangerous. As a pedestrian, your safety depends on drivers following the rules of the road and keeping an eye out for potential accidents. If you did suffer injuries in a pedestrian accident, you could be entitled to substantial financial compensation for your injuries.
Our Newark, NJ pedestrian accident attorneys can work to hold the driver who hit you accountable, seeking insurance payouts or court awards to cover your lost wages and medical bills and, perhaps most importantly, your pain and suffering. We will fight your case, whether it means suing private individuals or huge bus companies, taxi companies, or trucking companies.
For a free case evaluation, call Legal Care New Jersey’s Newark, NJ pedestrian accident lawyers today at Legal Care New Jersey at (732) 838-9769.
Damages Available in Newark Pedestrian Accident Cases
In New Jersey, drivers are typically required to carry no-fault insurance. This insurance includes “PIP” coverage (personal injury protection coverage) that is meant to pay for injuries to any drivers or passengers in the car as well as any pedestrians that might be injured in the crash. This insurance provides some damages, but it might not be enough to fully cover your injuries.
If you pursue damages through an insurance claim against the at-fault driver, you might only get a portion of the damages for your medical bills and lost wages paid. PIP coverage has a minimum insurance requirement of $15,000 per person. Many drivers also carry liability insurance, which has a minimum of $15,000 per person in a “standard policy” (but is not required under a “basic policy” in New Jersey).
If you are able to file a claim against PIP, that typically will not cover any pain and suffering damages, nor any property damage. Property damages are typically claimed through a different type of insurance (every driver is required to carry at least $5,000 for property damage). However, pain and suffering might not be available at all without filing a lawsuit in your case. Talk to a Newark pedestrian accident lawyer as soon as you can about how to file your case and what damages you could be entitled to.
Proving Fault in a Newark Pedestrian Accident Case
In many pedestrian accident cases, it is quite obvious that the driver was at fault. New Jersey’s “no-fault” insurance often pays damages without the need to prove fault, but these payments could be limited and might not compensate pedestrians for their full damages. To get full damages, you may need to file a lawsuit, where proving fault will be a vital part of the case.
Even when fault seems somewhat obvious, it is vital that your Newark pedestrian accident lawyer collect sufficient evidence to be able to prove in court that the driver was responsible for the crash. The legal standard your attorneys will need to meet is known as a “preponderance of the evidence” standard, which basically equates to proving that it is “more likely than not” that the driver caused the crash.
Once we have a strong case, it is possible that we can push the defendants and their insurance companies into settling your case. Strong cases often settle because the defense knows that, given the weight of the evidence against them, they will be unable to win the case at trial. By skipping trial entirely, a settlement can save both sides some money, which might ultimately allow you to receive higher damages by settling. However, you should always have your Newark pedestrian accident lawyer review your case before accepting a settlement.
Evidence Needed in a Pedestrian Accident Case in Newark
To provide the proof discussed above, you will need evidence of what happened in your accident case and who was at fault. In most cases, your testimony will be the central piece of evidence around which the rest of your case is based. Our Newark pedestrian accident lawyers can collect other evidence to prove your case as well.
If you cannot remain at the scene of the accident because you were too injured, you might be able to get police reports and have your lawyer take photos of the scene that will be useful later to help prove what happened. Photos of the accident scene and vehicle damage can show exactly how the car hit you and where the accident took place. This kind of evidence can be vital when recreating the accident scene or confirming testimony about where the accident took place, what speed the car was going, and more.
Evidence of your injuries will also be vital. This can include simple evidence like photos of the injuries as well as medical records. To prove your financial damages, statements and bills related to your accident will be helpful. Additionally, financial information and pay stubs can be used to prove what wages you lost because of the accident. Proof of your pain and suffering damages is more complex and often relies on your testimony. Additional documentation, such as a journal keeping track of your healing and recovery process, can also be helpful, as can testimony from friends and family about how the accident affected your life.
Statute of Limitations for Pedestrian Accidents in Newark, NJ
In New Jersey, you typically have 2 years to file an injury lawsuit. Insurance claims might have shorter deadlines, so it is important to check with your lawyer much earlier in the process. Additionally, evidence can be lost or forgotten over time, so you should work with a Newark pedestrian accident attorney as soon as you can to gather evidence and start building your case far sooner than the 2-year filing deadline.
Call Our Newark Pedestrian Accident Attorneys Today
For help with an injury case, call our Newark, NJ pedestrian accident lawyers. At Legal Care New Jersey, we offer free case evaluations. Call us today at (732) 838-9769.