Injured pedestrians might need help getting compensation for the injuries they face. These injuries can keep victims in the hospital, out of work, and in physical therapy/rehabilitation for months or years, especially if they were hit by a bus, truck, or other large vehicle. For help getting compensation for these injuries and the resulting harms, consider taking your case to an injury attorney.
Our lawyers can help you focus on your recovery by taking care of all of the legal processes and filings related to your case. We can negotiate with insurance and even take the case to court to get you damages for your injuries, medical bills, pain and suffering, lost wages, and other economic and non-economic damages.
For a free review of your injury case, call our pedestrian accident attorneys now at Legal Care New Jersey by dialing (732) 838-9769.
How Do Pedestrian Accident Cases Work in Passaic, NJ?
If you were hit while walking on foot, you could be entitled to substantial compensation for any injuries you sustained. However, the process for getting compensation might be confusing, especially given the insurance rules in New Jersey. Based on your situation, the rules might be a bit different, and there are important rules to understand in all cases.
If You Have Insurance
When you are hit while walking or running, you might be surprised to find that your car insurance could still play a major part in your case – if you have insurance. If you drive a car and have no-fault car insurance, then that insurance should cover you in a pedestrian accident as well.
No-fault insurance is the standard type of insurance used in New Jersey, and it requires you to use your own insurance policy for compensation after a crash rather than suing the other driver or filing a third-party claim against their liability insurance.
If you have no-fault insurance, you are limited in your right to sue. If your injuries are serious enough to meet the “serious injury threshold,” then you could be able to sue instead of relying on insurance. That will also open up access to non-economic damages like pain and suffering. You can also sue if you have an “unlimited right to sue” policy, which usually costs a bit more; these restrictions only apply to “basic” policies and “limited right to sue” policies.
If Someone in Your Family Has Insurance
Even if you do not have auto insurance, a family member in your household might have insurance that covers you. In that case, the same rules apply, and you file with their insurance. Again, you can only sue if you meet the serious injury threshold or have an unlimited right to sue policy.
If You Have No Insurance
If you have no insurance and are not covered by any no-fault policy, then these restrictions do not apply, and you can sue or file a third-party claim against the at-fault driver for your accident.
First-Party Insurance Claims
If you do file an insurance claim with your own insurance or a family member’s insurance, then you should be able to claim a portion of your medical bills and lost wages as damages. Depending on the terms of the policy, this can provide substantial coverage, but it will not pay for pain and suffering.
If you meet the serious injury threshold, you can reach beyond this insurance coverage and claim additional damages from the at-fault driver.
Third-Party Insurance Claims
If you meet the serious injury threshold, have no insurance, or have an unlimited right to sue policy, then you should be entitled to claim damages in a third-party insurance claim against the at-fault driver. In this kind of insurance claim, you file with the at-fault driver’s liability insurance. Some drivers with basic policies have no liability insurance, in which case you would have to file a lawsuit instead.
A third-party insurance claim can help you get expanded damages beyond what your own insurance covers.
Filing a Lawsuit
If you meet the threshold, have no insurance, or have an unlimited right to sue policy, then you can sue instead of relying on insurance to cover your damages. In these lawsuits, you can claim full damages for any economic or non-economic harm you face. The defendant can be made to pay these damages out of pocket, and if they have insurance, the insurance company will usually help cover the costs.
Lawsuits can usually be filed alongside insurance claims, so there is no need to wait and see how the insurance claim turns out first. Our pedestrian accident lawyers can help you aggressively pursue damages by pursuing all routes to compensation, forcing the defendant and their lawyers to the negotiating table, and fighting to get you full compensation rather than reduced damages through insurance.
Injuries in Pedestrian Car Accidents in Passaic, NJ
If you were hit as a pedestrian, you have no protection from a car around you, seat belts to keep you from being thrown far away, and airbags meant to cushion the impact. This can often lead t4o very serious injuries, including broken bones, internal injuries, brain injuries, spinal cord injuries, and more.
Even in cases with somewhat “mild” injuries like cuts and scrapes, the total impact of many small injuries can still be quite serious. With more moderate injuries like broken bones, big cuts, and mild internal injuries, you could face weeks of recovery, time off work, and potentially even long-term discomfort or pain. In more serious injury cases, you could be left with life-altering injuries or even be close to losing your life.
In any case, you seek full compensation for the medical expenses related to your injuries, any wages you lost because of the accident, and any other economic harms you faced. Additionally, separate damages could be available for pain and suffering, emotional distress, mental anguish, and other intangible “non-economic” damages.
Call Our Pedestrian Accident Lawyers in Passaic, NJ Today
For help with an injury case, call the pedestrian accident lawyers at Legal Care New Jersey at (732) 838-9769.