In an accident between two cars, the drivers and occupants have protection from the vehicle, airbags, and other safety features. When you are hit on foot, you do not have the same protections, and you can face serious injuries.
Pedestrian accident victims might need help getting compensation for the injuries they faced. For help, you should turn to an attorney. Never trust that the insurance companies have your best interests at heart, and instead trust in a lawyer who is ethically and legally required to do what is best.
Call Legal Care New Jersey’s pedestrian accident lawyers today at (732) 838-9769 for a free case evaluation.
Common Causes of Pedestrian Accidents in Paterson, NJ
Pedestrian accidents are often caused by drivers whose mistakes and poor decisions on the road put pedestrians’ lives at risk. Our pedestrian accident lawyers can help with accidents that happen in any way from any cause, but the following are some of the most common causes of pedestrian accidents:
Drunk Driving
Drivers who get behind the wheel when drunk or even “buzzed” pose a huge risk to pedestrians. Often, accidents where drunk drivers hit pedestrians happen late at night, and drunk drivers might not realize they hit someone, turning the crash into a hit and run as well. Serious injuries can occur in these cases because drunk drivers often react too slowly to brake or slow down at all, potentially hitting pedestrians at full speed.
Speeding Accidents
Any crash involving high speeds can cause more serious injuries. Pedestrians hit at highway speeds are often killed in these crashes. If a driver ignored pedestrian crossing signs and was speeding in a heavy pedestrian area, they could be liable for the injuries they cause.
Crosswalk Accidents
Drivers in Paterson are required to yield the right of way to pedestrians in a crosswalk. This includes both marked and unmarked crosswalks. Nonetheless, drivers often pressure people to walk faster, never expecting that they would actually hit someone. This is incredibly dangerous, and this kind of recklessness immediately puts the driver at fault. Moreover, drivers who fail to watch out for children, runners, and other fast-moving pedestrians could be at fault for hitting them in a crosswalk. The only thing that might stop a driver from being at fault in a crosswalk accident is if the pedestrian crossed when they had a red light or “Do Not Cross” signal, and even then, the crash might be partially their fault.
Parking Lot Accidents
Parking lots and parking garages are heavy pedestrian areas, and drivers should be watching for safety first and foremost rather than focusing their attention on looking for a prime parking space. Drivers who hit pedestrians crossing the roadway or moving between cars could be liable if they failed to pay proper attention or were speeding when they caused the accident.
Getting Damages Paid in a Pedestrian Accident Case in Paterson, NJ
If you drive a car, then you might have some understanding of how your car insurance works, especially if you have been in a crash before. However, as a pedestrian, you might not have insurance or understand how NJ’s no-fault insurance rules apply to you.
With normal car accidents – i.e., between two or more cars, trucks, or SUVs – each driver is required to carry insurance that will cover their own injuries regardless of who caused the crash. If you have this insurance but were hit while walking on foot, then that insurance should still cover your pedestrian accident. If you do not have insurance, it’s possible a family member in your household does, and their insurance might cover you instead.
If you are covered by an insurance policy, then you will be required to file a claim through that policy to get medical bills and lost wages covered, at least in part. However, if your injuries meet a certain “verbal threshold” and qualify under NJ’s definition of “serious” injury, then you could be entitled to sue the at-fault driver.
This allows you to sidestep the insurance system and get compensation for additional areas of damages, such as pain and suffering damages. Maximizing your compensation often means going to court instead of relying solely on insurance.
Calculating Damages for Pedestrian Accident Victims in Paterson, NJ
Your damages are based on the expenses and monetary harm you faced, as well as the intangible effects the accident caused. This allows you to get coverage for those economic harms as well as “non-economic” damages like pain, suffering, emotional distress, and more.
Economic Damages
Calculating economic damages is often straightforward because the damages come with bills and charges that have a definite monetary value. You can claim compensation for any expenses you had to pay because of the accident, including medical bills. You can also claim damages for lost or damaged property, such as a phone smashed in the crash.
Other damages are paid for the economic harm in the form of wages and income you lost because of the injuries. If your injury keeps you out of work during your recovery period, you can claim compensation for these lost wages. If your injury keeps you from returning to work or makes you take reduced duties with lower pay, you can claim compensation for the lost future earnings.
Many bills can be totaled up, but projected future earnings are more complex to calculate and often require help from financial experts our attorneys can hire to help with your case.
Non-Economic Damages
Calculating the value of your pain or your mental anguish is often an impossible task. As such, courts and insurance companies instead rely on some systems of using estimates based on either a multiple of the other damages you faced or a per-day rate for your injuries based off of your income. These calculation methods merely give a starting place for calculations and can be adjusted up or down.
In any case, the severity of your injuries is going to be the primary factor in calculating damages for mental anguish, pain and suffering, discomfort, lost enjoyment of life, and other non-economic damages.
Reach Out to Our Pedestrian Accident Lawyers in Paterson, NJ Today
Contact Legal Care New Jersey’s pedestrian accident lawyers at (732) 838-9769 for a free review of your injury case.
