When you’re injured in a pedestrian accident, the next steps that you should take are not always as clear as if you were in a motor vehicle accident. You might wonder if you should file a police report or if you should hire a lawyer to represent you. Unfortunately, pedestrian accidents are increasing in the state of New Jersey. When a vehicle hits a pedestrian, it also almost always leads to significant injuries that can be expensive and painful.
Determining Liability in a Pedestrian Accident Case
Because pedestrians have the right-of-way, it is often the driver of the vehicle that is at fault when an accident occurs. However, both drivers and pedestrians have a legal duty of care to be aware and to ensure the safety of others. Your lawyer will determine who is at fault with the following elements:
- Duty of care: Because both drivers and pedestrians owe a legal duty of care to others, either could be deemed at-fault.
- Breach of duty: Liability will usually be determined by whoever breached that legal duty of care.
- Causation: Additionally, in order to file a personal injury lawsuit, the individual’s actions, which is usually negligence, must have directly caused the pedestrian accident.
- Damages: To file a case, there must be actual damages that can be compensated, such as medical costs or property damages.
Identifying each of these important elements is necessary when proving a personal injury case in New Jersey. Your lawyer will identify these important elements with evidence like photographs from the scene of the accident, witness reports, medical records, and your own report of what happened before the accident.
Make Sure You Stay Within New Jerseys’ Time Limits
Filing a personal injury lawsuit might be the last thing on your mind after experiencing a pedestrian injury. However, it is important to stay within New Jersey’s time limits. Referred to as statute of limitations, you have just two years from the date of the injury to file a personal injury case.
In order to give your lawyer time to effectively build your case, you will want to reach out to a lawyer well before that time limit. New Jersey does not usually give extensions, meaning you could lose out on compensation that you deserve and need to recover.
What to Do If You’re Injured in a Pedestrian Accident
If you or a loved one is ever injured in a pedestrian accident, these steps can ensure that you protect your rights.
- Report the accident: Report the pedestrian accident as soon as possible and receive medical care immediately.
- Gather evidence: If possible, begin gathering evidence as soon as possible. This includes taking photographs from the accident or getting the contact information of any witnesses at the scene of the accident.
- Keep track of your damages: Keep a list of the costs you incur as a result of the accident. This includes medical costs, transportation needs, lost wages, and even things like rehabilitative costs.
- Discuss your case with a lawyer: Working with a lawyer can be invaluable to your personal injury case. They can navigate the legal system, while you focus on your recovery.
No one expects to be injured in a pedestrian accident. But, when it occurs, there are many reasons to work with a knowledgeable pedestrian accident lawyer.
Contact a Clifton Personal Injury Lawyer to Discuss Your Pedestrian Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a pedestrian accident in the state of New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Silverman & Roedel, LLC represent clients injured because of a pedestrian accident in Clifton, West Milford, Ringwood, Woodland Park, and throughout New Jersey. Call (973) 772-6411 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 1187 Main Avenue, Suite 2C, Clifton, NJ 07011.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.