Newark Pedestrian Accident: What Are Your Rights After Being Hit by a Car?

Walking in Newark offers a chance to experience the city’s vibrant culture and bustling streets. However, this also means that pedestrians are vulnerable to accidents, with recent data indicating a troubling trend of increasing risks for those on foot. In a recent year, 192 of 706 traffic fatalities in New Jersey were pedestrians. If you or a loved one has been involved in a pedestrian accident in Newark, it’s essential to understand your rights and the steps you can take to protect them.

Understanding the Risks: Pedestrian Accidents in Newark

Newark, with its dense urban environment, sees a significant amount of pedestrian traffic. Unfortunately, this also translates to a higher risk of pedestrian accidents. Factors contributing to these accidents include:

Distracted Driving: Drivers who are texting, eating, or otherwise not paying attention are a major cause of pedestrian accidents.
Speeding: Exceeding the speed limit reduces a driver’s reaction time and increases the severity of an accident.
Failure to Yield: Drivers must yield to pedestrians in crosswalks and intersections, but often fail to do so.
Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs judgment and coordination, leading to accidents.
Poor Visibility: Accidents are more likely to occur at night or in bad weather when visibility is limited.

New Jersey Law: Protecting Pedestrians

New Jersey law provides several protections for pedestrians. It’s crucial to be aware of these laws to understand your rights if you’ve been involved in an accident. Some key points of New Jersey pedestrian law include:

Right-of-Way in Crosswalks: Drivers must stop and remain stopped for pedestrians in marked crosswalks. At unmarked crosswalks at intersections, drivers must yield the right-of-way to pedestrians who have already started crossing.
Safe Passing Law: Drivers must approach and pass pedestrians and other vulnerable road users with due caution. If possible, they must move over a lane or allow at least four feet of space. Otherwise, drivers must reduce their speed to 25 miles per hour and be prepared to stop.
Pedestrian Responsibilities: Pedestrians also have responsibilities. They 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. Pedestrians must also use sidewalks when available and obey traffic signals.

What to Do After a Pedestrian Accident in Newark

If you’ve been hit by a car in Newark, here are the steps you should take to protect your health and your legal rights:

Seek Medical Attention: Your health is the top priority. Even if you don’t think you’re seriously injured, see a doctor as soon as possible. Some injuries, like internal bleeding or concussions, may not be immediately apparent.
Report the Accident: Call the police and file a report. This creates an official record of the accident, which can be valuable for insurance claims and legal proceedings.
Gather Evidence: If you’re able, collect as much information as possible at the scene. This includes:
- Photos of the accident scene, including the vehicle, your injuries, and any relevant traffic signals or signs.
- Contact information for the driver and any witnesses.
- The driver’s insurance information.
- Document Everything: Keep detailed records of all medical treatment, expenses, and lost income related to the accident.
- Consult with a Newark Pedestrian Accident Lawyer: An experienced attorney can advise you on your rights and help you navigate the legal process.

Your Rights as a Pedestrian Accident Victim

As a pedestrian accident victim in Newark, you have the right to seek compensation for your injuries and losses. This may include:

Medical Expenses: This covers all costs associated with your medical treatment, including hospital bills, doctor’s visits, physical therapy, and medication.
Lost Wages: If you’ve had to miss work due to your injuries, you can recover lost income. This may also include future lost earnings if your injuries prevent you from returning to your previous job.
Pain and Suffering: You can also seek compensation for the physical pain and emotional distress caused by the accident.
Other Damages: Depending on the circumstances of your case, you may also be able to recover damages for property damage,disability, disfigurement, and loss of enjoyment of life.
Wrongful Death: If a pedestrian accident results in a fatality, the victim’s family may be able to file a wrongful death claim to recover damages for funeral expenses, loss of financial support, and loss of companionship.

Understanding New Jersey’s No-Fault Law

New Jersey operates under a “no-fault” car insurance system. This means that, in most cases, your own insurance policy will cover your medical expenses, regardless of who was at fault for the accident. If you do not have car insurance, the medical bills could be covered by the insurance policy of someone else in the pedestrian’s household. However, there are exceptions to this rule.

When Can You Sue the At-Fault Driver?

In some cases, you may be able to step outside of the no-fault system and sue the at-fault driver for additional damages. This is possible if your injuries meet certain criteria, such as:

Death
Dismemberment
Significant Scarring or Disfigurement
Displaced Fractures
Loss of a Fetus
A Permanent Injury

Even with less serious injuries, if the driver has unlimited right-to-sue insurance, you may have the right to file a personal injury claim against the driver who is at fault.

Comparative Negligence in New Jersey

New Jersey follows a “comparative negligence” rule. This means that you can still recover damages even if you were partially at fault for the accident, as long as you were not more than 50% responsible. However, your compensation will be reduced by your percentage of fault.

The Statute of Limitations

It’s important to be aware of the statute of limitations for personal injury claims in New Jersey. Generally, you have two years from the date of the accident to file a lawsuit. Failing to file within this timeframe could prevent you from pursuing legal action.

How a Newark Pedestrian Accident Lawyer Can Help

Navigating the aftermath of a pedestrian accident can be overwhelming. A Newark pedestrian accident lawyer can provide valuable assistance by:

Investigating the accident to determine liability.
Gathering evidence to support your claim.
Negotiating with insurance companies to reach a fair settlement.
Filing a lawsuit and representing you in court, if necessary.
Ensuring that you meet all deadlines and comply with legal procedures.

Seeking Justice and Fair Compensation

If you or a loved one has been injured in a pedestrian accident in Newark, don’t hesitate to seek legal help. Understanding your rights is the first step toward recovering the compensation you deserve and rebuilding your life. Contact a qualified Newark pedestrian accident lawyer today for a free consultation.