What Are My Legal Rights in New Jersey After Being Hit by a Car as a Pedestrian?

If you’re navigating the aftermath of a pedestrian accident in New Jersey, you may be feeling overwhelmed by both the physical injuries and the ensuing uncertainty. Such incidents can leave you feeling vulnerable and confused, unsure of the steps to take to safeguard your rights and well-being. It’s important to know that you’re not alone during this challenging time.

This blog aims to clarify the legal rights and avenues available to you as a pedestrian struck by a vehicle in New Jersey. By understanding your rights, you take the first step toward navigating the aftermath of an accident effectively. The expertise of a personal injury lawyer, especially one from Birkhold & Maider, LLC, is invaluable in recovering financial compensation for victims and the importance of identifying the cause of the accident.

Understanding Your Protections as a Pedestrian in New Jersey

State Laws Safeguarding Pedestrians

In New Jersey, pedestrians have rights enshrined in state law that aim to protect them on the road. Under the New Jersey Statutes Annotated (NJSA) 39:4-36, drivers are required to yield the right-of-way to pedestrians within any marked crosswalk or at an intersection with no marked crosswalk. This legal provision underscores the state’s commitment to pedestrian safety, emphasizing the importance of vigilance and care from drivers.

Moreover, New Jersey operates under a “Stop and Stay Stopped” law, which mandates that drivers not only yield but also remain stopped for pedestrians within a crosswalk. Failure to comply can result in fines, points on the driver’s license, and community service, highlighting the seriousness with which these regulations are enforced.

Despite these protections, pedestrian accidents remain a concern, making it crucial for individuals to understand their rights and the responsibilities of drivers to ensure their safety and the legal recourse available should those rights be violated.

Immediate Actions Following a Pedestrian Accident

Essential Steps to Safeguard Your Rights

Seek Medical Attention: Immediate medical evaluation is critical, even if injuries appear minor. This step is not just vital for health reasons but also creates a medical record that can be crucial in a legal claim.
Report the Accident: Contact local law enforcement to report the accident. A police report is a valuable document that provides an official account of the incident.
Document Everything: Take photographs of the accident scene, your injuries, and any damage. Collect names and contact information of witnesses. This information can be critical in building your case.
Avoid Discussing Fault: Be cautious not to admit fault or make statements that could be interpreted as such at the accident scene. These comments can be used against you in your claim.
Consult a Personal Injury Lawyer: Early legal advice from Birkhold & Maider, LLC can guide you through the initial steps and help protect your rights as you navigate the claims process.

Navigating Legal Options for Compensation in New Jersey

Filing a Personal Injury Protection (PIP) Claim

New Jersey’s no-fault insurance system allows pedestrian accident victims to file a claim under Personal Injury Protection (PIP) coverage. This coverage is designed to pay for medical expenses, regardless of who was at fault for the accident. PIP coverage extends to pedestrians hit by cars, provided the vehicle involved is insured in New Jersey. It’s important to file a PIP claim promptly to ensure that medical expenses are covered without delay.

Pursuing a Personal Injury Lawsuit

When injuries are severe, or if PIP coverage does not fully address the damages incurred, victims may consider filing a personal injury lawsuit against the driver responsible for the accident. This legal action seeks compensation beyond what PIP insurance offers, including but not limited to pain and suffering, lost wages, and other non-economic damages.

New Jersey law allows for this type of lawsuit if the victim’s injuries meet certain criteria, such as significant disfigurement, dismemberment, loss of a fetus, permanent injury, or death. The lawsuit must be filed within two years from the date of the accident, adhering to New Jersey’s statute of limitations for personal injury cases.

The Role of Comparative Negligence in Your Claim

Navigating Fault and Compensation

An important consideration in pursuing a personal injury lawsuit is New Jersey’s comparative negligence rule. This rule may adjust the amount of compensation you can receive based on your share of fault in the accident. For example, if you are found to be 20% responsible for the incident, your compensation could be reduced by that percentage. It’s essential to gather comprehensive evidence to minimize your share of fault and maximize your compensation.

FAQ Section

Q1. What should I do if I’m hit by a car while walking in New Jersey?

Seek medical attention, report the accident to the police, document the scene and your injuries, and consult with a personal injury lawyer as soon as possible.

Q2. Can I receive compensation if I was partially at fault for the accident?

Yes, under New Jersey’s comparative negligence law, you may still receive compensation, but it will be reduced by your percentage of fault.

Q3. How long do I have to file a personal injury claim in New Jersey?

The statute of limitations for personal injury claims in New Jersey is typically two years from the date of the accident, but it’s important to consult a lawyer to understand how the specifics of your case may affect this timeframe.

Contact Personal Injury Lawyers at Birkhold & Maider, LLC Today For a Free Consultation About Your Pedestrian Accident Claim

After a pedestrian accident, you need more than just legal assistance; you need a team that stands by your side, understands your situation, and fights for the justice and compensation you truly deserve. At Birkhold & Maider, LLC, we combine compassionate support with aggressive legal representation to ensure your rights are protected every step of the way.

With a deep understanding of New Jersey’s pedestrian laws and a commitment to excellence, our experienced personal injury lawyers work tirelessly to secure the best possible outcome for you. Whether you’re dealing with medical bills, lost wages, or the emotional toll of an accident, our goal is to alleviate your burden and help you move forward with confidence.

Don’t let a pedestrian accident define your future. Let Birkhold & Maider, LLC be your advocate and guide towards recovery. Contact us today for a free consultation, and take the first step towards reclaiming your life. Your journey to justice starts here, with us.