Pedestrian accidents can happen in an instant, leaving victims with serious injuries and families struggling with medical bills and lost income. If you’ve been hit by a vehicle in Newark, NJ, you may be entitled to compensation for your injuries. Brach Eichler Injury Lawyers represents pedestrians injured in accidents throughout Newark and New Jersey. Our experienced trial attorneys have recovered over $750 million for injured clients in past cases. We work on a contingency fee basis, so you pay no attorney fees unless we obtain compensation for you.
Understanding Pedestrian Accident Claims
A pedestrian accident occurs when a vehicle strikes a person on foot. These accidents can happen at intersections, crosswalks, parking lots, or anywhere vehicles and pedestrians share space. Pedestrians have limited protection compared to vehicle occupants, so even low-speed collisions can cause serious injuries.
Pedestrian accidents may result from:
- Driver negligence, such as speeding, distracted driving, or failure to yield
- Failure to obey traffic signals or stop signs
- Impaired driving due to alcohol or drugs
- Reckless driving or aggressive behavior
- Failure to maintain safe speed in residential areas or school zones
- Turning without checking for pedestrians
- Backing up without looking
In many pedestrian accidents, the driver is clearly at fault. However, some cases involve comparative negligence, where the pedestrian may have contributed to the accident by jaywalking, not paying attention, or other conduct. New Jersey’s comparative negligence rule allows injured pedestrians to recover even if partially at fault, provided their share of responsibility is less than 50%.
Common Pedestrian Injuries
Pedestrian accidents often result in serious injuries because of the force of impact and the lack of protection. Common injuries include:
- Head and Brain Injuries – Pedestrians struck by vehicles often suffer head trauma, which can result in concussions, traumatic brain injuries, or skull fractures. These injuries can have long-term cognitive and physical effects.
- Spinal Cord Injuries – Impact from a vehicle can damage the spinal cord, potentially resulting in partial or complete paralysis.
- Broken Bones – Legs, pelvis, ribs, and arms are frequently broken in pedestrian accidents. Some fractures require surgery and extended rehabilitation.
- Internal Injuries – Blunt force trauma can cause internal bleeding, organ damage, or other serious internal injuries that may not be immediately apparent.
- Soft Tissue Injuries – Sprains, strains, and other soft tissue damage can cause chronic pain and limit mobility.
- Lacerations and Scarring – Pedestrians may suffer cuts, abrasions, and lacerations that can leave permanent scars.
- Psychological Trauma – The emotional impact of being struck by a vehicle can result in post-traumatic stress disorder, anxiety, and depression.
What to Do After a Pedestrian Accident in Newark
If you’ve been hit by a vehicle, follow these steps:
- Seek Medical Attention – Your health is the priority. Call 911 if you’re seriously injured. Even if your injuries seem minor, see a doctor as soon as possible. Some injuries, such as internal bleeding or traumatic brain injury, may not be immediately apparent.
- Report the Accident – Contact the Newark Police Department and file a report. Obtain the police report number and the officer’s name and badge number.
- Document the Scene – If you’re able to do so safely, take photos of the accident scene, the vehicle involved, your visible injuries, and any hazardous conditions. Note the time of day and weather conditions.
- Obtain Witness Information – Get contact information from anyone who saw the accident. Witness statements can be crucial in establishing liability.
- Get Driver Information – Obtain the driver’s name, phone number, address, driver’s license number, vehicle information, and insurance details.
- Avoid Admitting Fault – Do not apologize or make statements suggesting you were at fault. Stick to factual descriptions of what happened.
- Contact an Attorney – Before speaking with the insurance company, contactBrach Eichler Injury Lawyers for a free consultation. We can advise you on your rights and help protect your claim.
HowBrach Eichler Injury Lawyers Handles Pedestrian Accident Cases
When you hire Brach Eichler Injury Lawyers for a pedestrian accident claim, we take a comprehensive approach:
- Investigation – We thoroughly investigate the accident, gathering police reports, witness statements, surveillance footage, and other evidence. We work to establish clear liability and identify all potentially responsible parties, including the driver, vehicle owner, and potentially others.
- Medical Documentation – We obtain all medical records related to your injuries and treatment. We work with your medical providers to understand the full extent of your injuries and their long-term implications.
- Liability Analysis – We analyze traffic laws, accident reconstruction, and other factors to establish liability. We work to counter any claims that you were partially at fault.
- Damages Calculation – We calculate economic damages including medical expenses, lost wages, and other out-of-pocket costs. We also assess non-economic damages for pain and suffering and emotional distress.
- Negotiation – We present our findings to the insurance company and negotiate for fair compensation. Many cases resolve at this stage when the insurer recognizes that we have assembled strong evidence and are prepared to litigate.
- Litigation – If the insurance company refuses a reasonable offer, we file a lawsuit and prepare your case for trial. We are prepared to present your case to a judge and jury.
Throughout this process, you pay no attorney fees upfront. We work on a contingency basis, and our fee comes from any settlement or verdict we obtain.
Compensation in Pedestrian Accident Cases
If you’ve been injured in a pedestrian accident, you may be entitled to recover:
- Economic Damages – These include past and future medical expenses, lost wages during recovery, reduced earning capacity if your injuries prevent you from working at your previous level, and property damage (such as damage to personal items).
- Non-Economic Damages – These include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. The severity of your injuries typically supports substantial non-economic damages.
- Punitive Damages – In cases involving especially reckless or intentional conduct, punitive damages may be available to punish the defendant and deter similar conduct.
Frequently Asked Questions About Pedestrian Accidents in Newark
What if the driver left the scene of the accident?
Hit-and-run accidents are serious crimes. If the driver fled, report the accident to the Newark Police Department immediately. Provide any information you have about the vehicle, such as color, make, model, and partial license plate number. We can work with law enforcement and insurance companies to identify the driver. Even in hit-and-run cases, you may be able to recover compensation through your own uninsured motorist coverage.
What if I was jaywalking when I was hit?
Jaywalking may contribute to an accident, but it does not necessarily prevent you from recovering compensation. Under New Jersey’s comparative negligence rule, you may still recover even if you were partially at fault, provided your share of fault is less than 50%. We investigate thoroughly to address any comparative negligence claims and work to minimize any fault attributed to you.
How long do I have to file a pedestrian accident claim?
In New Jersey, you generally have two years from the date of the accident to file a lawsuit. This deadline is known as the statute of limitations. Missing this deadline can prevent you from recovering compensation through the courts. It is important to contact an attorney promptly so evidence can be preserved and your options can be evaluated.
How much is my pedestrian accident claim worth?
The value of a pedestrian accident claim depends on the severity of your injuries, the clarity of liability, and the available evidence. Factors include medical expenses, lost wages, pain and suffering, and the defendant’s insurance coverage. We evaluate your case and discuss the potential value based on your specific circumstances.
Will my case go to trial?
Many pedestrian accident cases settle before trial, but we prepare every case with trial in mind. This preparation strengthens our negotiating position and ensures we are ready to present your case in court if needed. Whether your case goes to trial depends on factors such as the strength of the evidence, settlement offers, and your preferences.
What should I do if the insurance company contacts me?
Do not give a recorded statement or sign any documents without speaking with an attorney first. Insurance companies often try to minimize payouts by obtaining statements they can later use against you. ContactBrach Eichler Injury Lawyers before communicating with the insurance company. We can advise you on what to say and protect your rights.
Can I still pursue a claim if the accident happened months ago?
Yes, as long as you are still within the two-year statute of limitations. However, waiting can make it more difficult to gather evidence and locate witnesses. Memories fade, and surveillance footage may be overwritten. Even if several months have passed, we can often investigate and build a claim, but it is best to contact us as soon as possible.
Contact Brach Eichler Injury Lawyers for Your Free Pedestrian Accident Consultation
If you’ve been hit by a vehicle in Newark or anywhere in New Jersey, Brach Eichler Injury Lawyers is ready to help. Call (973) 364-8300 today for a free, no-obligation consultation. We will listen to your story, evaluate your case, and explain your legal options. You will have the opportunity to speak with an attorney about your situation. The firm states that it is available 24/7 to assist you.
Remember that you generally have only two years from the date of the accident to file a lawsuit in New Jersey. Evidence can be lost or degraded over time, and insurers may count on delays to weaken a case. We investigate thoroughly, negotiate with insurers, and prepare for trial when necessary. With more than $750 million recovered in past cases,Brach Eichler Injury Lawyers has a track record of pursuing meaningful results for injured pedestrians. Contact us today.
Related Posts
- What to Do After a Car Accident in New Jersey
- Understanding New Jersey No-Fault Insurance Laws
- How to Measure Shared Fault in a Car Accident
We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
Contact Your New Jersey Personal Injury Attorneys
