Have you been hurt in a pedestrian accident in New Jersey? If so, you should be focused on getting proper medical care and recovering from your injuries. Unfortunately, you will have a difficult time if you attempt to obtain compensation on your own for your injuries. That’s where the experienced pedestrian accident attorneys at the law firm of Pellettieri Rabstein & Altman can help. We have been serving New Jersey for nearly 100 years and have recovered hundreds of millions of dollars in compensation on behalf of thousands of injured clients in that time. We are ready to evaluate your case and provide straightforward answers to your questions when you contact us for a free initial consultation.

Why Injured Pedestrians Need Help from Our New Jersey Law Firm

Pedestrian accidents can lead to severe injuries, expensive medical treatment, and lost wages from time missed at work – not to mention physical pain and emotional suffering. Getting the fair compensation you deserve for these and other losses can be difficult, especially if you’re still hurt. An experienced lawyer like the ones at Pellettieri Rabstein & Altman can pursue justice and accountability on your behalf while you focus on your health and recovery. Our team has extensive experience with a wide range of personal injury practice areas, including pedestrian accident cases.

In one such case, we represented a senior citizen who was hit by a car as she walked home from church one night. According to our client, it was just beginning to rain as she set out for home. To make sure motorists could see her in the dark, she chose to cross the street under a street lamp instead of at the designated crosswalk, which was unlit.

Although our client looked both ways before crossing, she was hit by an elderly motorist who said he couldn’t see our client because of her dark clothing. Concerned that our communities were not doing what they could to keep our senior citizens safe, our firm handled the resulting case when others wouldn’t, winning a successful resolution for our client.

How Much Does It Cost to Hire a Personal Injury Lawyer?

At Pellettieri Rabstein & Altman, we do not charge you any fees upfront to start work on your personal injury case. We will review your case for free, with no obligation to you. If we believe you have a claim for compensation, we will do all the legal legwork with no out-of-pocket cost to you. When we recover compensation for you, our fee then comes as a percentage of that. If we don’t win, you don’t pay us. It’s that simple.

Do You Have a Pedestrian Accident Claim?

Most pedestrian accident claims are based on the concept of negligence, a legal term that means the failure to exercise the level of care a reasonable person would have exercised in similar circumstances. To determine whether you have a valid negligence-based injury claim after a New Jersey pedestrian accident, consider the four following elements you must be able to prove:

• The other party had a responsibility to avoid harming you. That is often the easiest element to prove in a pedestrian accident case. All motorists are responsible for preventing accidents by driving safely, obeying speed limits and traffic laws, and yielding the right-of-way to pedestrians.
• The other party breached their responsibility in some way. This element can be more difficult to prove, especially if no witnesses saw the collision. You must demonstrate that the motorist failed in their safe-driving duties in some way, whether by speeding, failing to yield, or something else.
• You were injured. You must demonstrate that you suffered losses for which you may be compensated financially. That may include medical bills, lost wages from missed work, and pain and suffering.
• The other party’s actions or inaction directly contributed to your injury. It is not enough to simply show that a motorist breached their duty in the lead-up to a crash. You must be able to show a causal link between the other party’s breach of duty and your injuries.

State and Local Laws on Pedestrian Safety in New Jersey

New Jersey adopted a law in 2010 to promote pedestrian safety. The previous law simply required drivers to yield to pedestrians in crosswalks, while the new law requires drivers to stop and remain stopped for pedestrians at marked crosswalks. Drivers who ignore this law can face fines, community service and points on their license.

In addition to stopping and remaining stopped at marked crosswalks for pedestrians, New Jersey law requires drivers to:

• Stop and remain stopped for pedestrians in adjacent crosswalks motorists intend to pass through after a traffic light, stop sign, or yield sign.
• Stop and remain stopped for pedestrians who are in crosswalks and within one lane of a motorist’s half of the road.
• Refrain from overtaking or passing vehicles that have stopped to allow pedestrians to cross the road.
• Exercise due care for the safety of all pedestrians, especially minors and obviously blind pedestrians, whether or not they are in crosswalks.
• State law assumes, however, that pedestrians are also responsible for their own safety. New Jersey pedestrians must:
• Exercise due care for their safety at all times.
• Refrain from leaving curbs or other places of safety by darting into the road or into the path of an oncoming vehicle that is too close to avoid a collision.
• Yield the right-of-way to motorists whenever crossing roads at any point aside from a marked or unmarked crosswalk in an intersection.
• Yield to motorists at any intersection with a green light for vehicles but no green or white “walk” signal for pedestrians.
• Walk on sidewalks whenever available and accessible or along the extreme left side or shoulder of the road facing traffic when they are not.
• Avoid crossing highways that are separated by median barriers unless infrastructure exists to allow pedestrians to cross safely.

Serious Injuries Pedestrians Suffer in New Jersey Collisions

When a vehicle collides with a pedestrian, there are often three distinct points of impact. First, the car’s front or rear bumper collides with the pedestrian. Then, in some cases, the momentum of the initial collision flings the pedestrian onto the hood or trunk of the car and into the windshield or window. Finally, the pedestrian contacts the ground.

The injuries that result from each of these impacts can vary significantly depending on the size and speed of the vehicle and the pedestrian’s stature. For example, adult pedestrians typically suffer musculoskeletal injuries to the lower extremities since the initial impact with a vehicle’s bumper catches most adults in the legs. Children and smaller adults, on the other hand, are more likely to be struck on the upper body.

Secondary impacts frequently cause traumatic brain injuries (TBIs) regardless of the pedestrian’s build. In addition, internal organ damage, neck injuries, spinal cord injuries, and joint damage are also common in pedestrian accidents.

Fault and Insurance Issues in Pedestrian Accidents

Motorists have special responsibilities to pedestrians and are expected to yield the right-of-way to people on foot in certain situations. New Jersey state law presumes that the driver is at fault in any pedestrian accident within a marked or unmarked crosswalk at an intersection.

If you are injured as a pedestrian in a traffic collision, you have the right to seek compensation for your losses. However, your options may look different depending on factors such as who shares fault for the accident, the types of insurance available and the severity of the injuries you sustained. It is always best to check with a knowledgeable New Jersey lawyer who can review your specific situation and advise you of your options.

Potential Compensation for New Jersey Pedestrian Injuries

Depending on the specifics of your case, you could be entitled to compensation for the following types of losses after a New Jersey pedestrian accident:

• Medical expenses – These expenses include immediate and emergency costs for things like ambulance rides, emergency room visits, surgeries, and hospital stays. They also include the costs you will incur later in the healing process, such as necessary future medical care, rehabilitation, therapy, or in-home assistance.
• Lost wages – If you are forced to miss time at work while you recover from the accident, you can seek compensation for the lost wages and benefits you otherwise would have earned. If you suffer a long-term or permanent disability, you could seek compensation for losses in your lifetime earning capacity.
• Intangible losses – Severe injuries often result in various intangible losses, which are harder to place a value on but are just as real and compensable. These losses include pain, suffering, mental anguish, and diminished quality of life, among others.