Newark, NJ: Injured in a Pedestrian Accident? Know Your Rights

Each year, thousands of pedestrians are injured or killed in traffic accidents, and unfortunately, Newark, NJ, is no exception. In fact, Essex County, where Newark is located, has one of the highest rates of pedestrian fatalities in the nation. If you or a loved one has been injured as a pedestrian in Newark, it’s crucial to understand your rights and the steps you can take to protect them.

The Alarming Reality of Pedestrian Accidents in Newark

New Jersey has a high rate of pedestrian fatalities. A study showed that New Jersey had the highest percentage of traffic fatalities involving pedestrians in the nation, with 30.23% of all traffic deaths being pedestrians. Essex County ranked seventh in a study with 106 pedestrian fatalities, making up 46.29 percent of all traffic deaths.

This “harsh reality” highlights the importance of pedestrian safety and the need for both drivers and pedestrians to be vigilant.

Causes of Pedestrian Accidents

Pedestrian accidents can occur for various reasons, often stemming from negligence or recklessness. Some common causes include:

Distracted Driving: Drivers who are texting, eating, or otherwise distracted may fail to see pedestrians in time to avoid a collision.
Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of an impact.
Drunk Driving: Alcohol or drug impairment significantly impairs a driver’s judgment and coordination.
Failure to Yield: Drivers must yield the right-of-way to pedestrians in crosswalks and intersections.
Poor Visibility: Accidents are more likely to occur at night or in adverse weather conditions when visibility is limited.
Disobeying Traffic Laws: Ignoring traffic signals, signs, and other regulations can lead to dangerous situations for pedestrians.
Driver Fatigue: Tired drivers may experience decreased awareness and slower reaction times.

New Jersey Pedestrian Laws: Rights and Responsibilities

New Jersey law protects pedestrians and outlines the responsibilities of both drivers and pedestrians to ensure safety.

Driver Responsibilities:

Stop and Stay Stopped: Drivers must stop and remain stopped for pedestrians in marked crosswalks.
Yield the Right-of-Way: Drivers must yield to pedestrians in unmarked crosswalks at intersections.
Exercise Caution: Drivers must exercise caution at intersections and near schools, parks, and high-foot-traffic areas.
Safe Passing Law: When passing a pedestrian, cyclist, or other vulnerable road user, drivers must move over a lane when possible. If moving over is not possible, slow down to 25 mph and leave at least a four-foot buffer when passing.

Pedestrian Responsibilities:

Obey Traffic Signals: Pedestrians must obey traffic signals and pedestrian crosswalk signals.
Use Crosswalks: Pedestrians should cross the street at designated crosswalks or intersections.
Avoid Sudden Movements: Pedestrians cannot suddenly leave the curb or step into the path of a moving vehicle in a way that makes it impossible for the driver to stop safely.
Walk on Sidewalks: Pedestrians must use sidewalks when available. If there is no sidewalk, walk facing traffic.

What to Do If You’ve Been Injured

If you’ve been injured in a pedestrian accident in Newark, NJ, here are the steps you should take:

Seek Medical Attention: Your health is the top priority. Call 911 or ask someone to call for you. Even if you don’t think you’re seriously injured, it’s important to get checked out by a medical professional. Some injuries may not be immediately apparent.
Report the Accident: Notify the police and file a report. This creates an official record of the incident.
Gather Information: If possible, collect information from the driver, including their name, insurance information, and driver’s license number. Also, get contact information from any witnesses.
Document the Scene: Take photos or videos of the accident scene, including any visible injuries, vehicle damage, and traffic conditions.
Contact an Attorney: A pedestrian accident attorney can advise you of your rights and help you navigate the legal process.

Understanding Your Legal Rights

As a pedestrian accident victim, you may be entitled to compensation for your injuries and losses. This can include:

Medical Expenses: Coverage for past and future medical bills related to the accident.
Lost Wages: Reimbursement for lost income due to your injuries.
Pain and Suffering: Compensation for the physical and emotional distress caused by the accident.
Property Damage: Reimbursement for any damaged personal property.
Punitive Damages: In some cases, punitive damages may be awarded if the driver’s conduct was particularly reckless or egregious.

The Statute of Limitations

In New Jersey, there is a time limit for filing a personal injury lawsuit, known as the statute of limitations. Generally, you have two years from the date of the accident to file a lawsuit. Missing this deadline could prevent you from seeking compensation for your injuries. There may be exceptions to the two-year statute of limitations, so it’s best to consult with an attorney about your New Jersey personal injury claim.

How a Pedestrian Accident Attorney Can Help

Navigating the aftermath of a pedestrian accident can be overwhelming. An experienced attorney can help you by:

Investigating the Accident: Gathering evidence, interviewing witnesses, and reconstructing the accident scene to determine liability.
Negotiating with Insurance Companies: Dealing with insurance adjusters to ensure you receive a fair settlement.
Filing a Lawsuit: Representing you in court if a settlement cannot be reached.
Protecting Your Rights: Ensuring your rights are protected throughout the legal process.

Seeking Justice and Fair Compensation

If you or a loved one has been injured in a pedestrian accident in Newark, NJ, don’t hesitate to seek legal assistance. Contacting an experienced attorney can help you understand your rights and pursue the compensation you deserve.