As a pedestrian, you have little more to protect yourself than the shirt on your back. Unfortunately, drivers often fail to follow the rules of the road and injure pedestrians as a result. As you can imagine, pedestrians often sustain extremely severe injuries, as they are no match for the sheer size and weight of a motor vehicle. Fortunately, if you were injured as a pedestrian, you are in the right place. Here at The Mark Law Firm, we have fought on behalf of accident victims in New Jersey for decades, and we’re here to fight for you, too. Read on and reach out to a seasoned Union County pedestrian accident lawyer from our firm to learn more. Here are some of the questions you may have:

What Are the Most Common Causes of Pedestrian Accidents?

Pedestrian accidents are frequently blamed on people who cross outside a marked crosswalk or enter traffic unexpectedly. However, many collisions occur even though the pedestrian was acting carefully and following the rules of the road. Common causes of pedestrian accidents that may be attributed to motorists or other negligent parties are as follows:

  • Distracted driving: A motorist who is texting, adjusting a navigation system, eating, or looking away from the road may not notice a pedestrian until it is too late to stop.
  • Failure to yield: Drivers may strike pedestrians after failing to stop at a marked crosswalk or yield at an unmarked crosswalk located at an intersection.
  • Speeding: Excessive speed reduces the time a driver has to recognize a pedestrian and increases the force of the eventual impact.
  • Unsafe turns: A driver watching oncoming traffic may begin a left or right turn without checking whether someone is crossing the street.
  • Impaired driving: Alcohol, drugs, and certain medications can affect a motorist’s awareness, reaction time, and judgment.
  • Backing accidents: Pedestrians can be struck in parking lots, driveways, and parking garages when drivers reverse without carefully checking behind their vehicles.
  • Poor visibility: A motorist may fail to use appropriate caution in darkness, rain, fog, or other conditions that make pedestrians harder to see.
  • Traffic violations: Running a red light, ignoring a stop sign, making an illegal turn, or passing a vehicle stopped at a crosswalk can place pedestrians in immediate danger.
  • Dangerous roadway conditions: Broken traffic signals, obstructed signs, poor lighting, and badly designed intersections may also contribute to a collision.

How Is Liability Determined After a Pedestrian Accident?

Establishing liability generally requires evidence that another party acted negligently and that this conduct caused the pedestrian’s injuries. Depending on how the accident occurred, responsibility may rest with the driver, the driver’s employer, a vehicle owner, a government entity, or multiple parties. Some examples of important evidence may include the following:

  • Police accident reports
  • Photographs of the scene
  • Surveillance or dashboard-camera footage
  • Statements from eyewitnesses
  • Cellphone records
  • Vehicle data
  • Traffic-signal records
  • Medical documentation
  • Testimony from accident reconstruction professionals

What Compensation May an Injured Pedestrian Receive?

The compensation available will depend on the severity of the injuries, the effect those injuries have on the person’s life, the insurance coverage involved, and the strength of the supporting evidence. A pedestrian accident claim may seek compensation for the following:

  • Medical bills and rehabilitation expenses
  • Anticipated future medical care
  • Lost wages
  • Reduced future earning capacity
  • Pain and suffering
  • Emotional distress
  • Permanent disability or impairment
  • Scarring and disfigurement
  • Loss of enjoyment of life
  • Necessary out-of-pocket expenses

Personal Injury Protection coverage may pay certain medical expenses following an automobile-related pedestrian accident, although the source and extent of coverage can depend on the injured person’s insurance circumstances. Additional damages may be pursued through a claim against the party who caused the collision.

In most New Jersey personal injury cases, a lawsuit must be filed within two years of the accident, though exceptions and shorter notice requirements may apply in some situations. For this reason, injured pedestrians should consider speaking with a New Jersey personal injury lawyer as soon as possible.

If you have additional questions or are looking to file a claim, simply contact The Mark Law Firm for a free initial consultation today.