New Jersey Pedestrian Accident Lawyers

If you were injured as a pedestrian by a car or another vehicle, you may have a personal injury case. Contact the New Jersey attorneys of Brach Eichler Injury Lawyers to discuss your case.

Traffic laws are designed to protect all users of our roadways. That means pedestrians as well as motorists. Pedestrians have the right of way in many situations and New Jersey laws specifically state motor vehicles must stop for pedestrians in crosswalks at intersections without traffic signals. Unfortunately, a written law is no protection from negligent motorists who ignore crosswalks, refuse to yield, blow through red lights and stop signs, and make sharp turns without checking to see if the way is clear. As a result, motor vehicles strike thousands of pedestrians each year, causing severe injuries and even wrongful death. If you or a loved one has been hurt in a pedestrian accident, the dedicated injury attorneys at Brach Eichler Injury Lawyers are ready to help. Our highly skilled and aggressive litigation lawyers are prepared to fight for the full compensation you deserve.

Startling statistics for pedestrian deaths in New Jersey

When a motor vehicle contacts the human body, flesh and bone suffer more than steel and chrome. Each year, 4,000-5,000 pedestrians are killed in traffic accidents in the United States and another 76,000 pedestrians are injured. In New Jersey in 2017, about 180 pedestrians were killed in traffic, the highest number since 1993 when 197 pedestrians died. Pedestrian casualties are disproportionately older adults who take more time to cross the street are slower to react, and young children who are more likely to dart out into traffic and are less visible to drivers.

Proving liability in pedestrian accidents

As with any personal injury case, the plaintiff in a pedestrian accident must prove by a preponderance of the evidence that the motorist was negligent. That means, the plaintiff must present enough proof to make a jury conclude that “more likely than not” events unfolded as the plaintiff claims. Proof can take many forms, such as tire tracks which might indicate the speed of the vehicle, the damage done to the car, the point of impact and the victim’s resting position after impact, and eyewitness accounts.

Under New Jersey’s comparative negligence law, the defendant can introduce evidence that the pedestrian was at fault. Did the victim dart into the road, leaving the driver little time to react? Had the victim been drinking, which is often a contributing factor in pedestrian injuries. Was the victim wearing dark clothes at night on a poorly lighted road?

There are also neutral factors that could exonerate the defendant, such as weather conditions, visibility, poor road design, and mechanical failures. While some of these could indicate no one was at fault, others simply shift the blame to other parties.

Third-party liability for pedestrian accidents

Defective auto parts have been known to play a role in motor vehicle accidents. Defective ignition switches, electronic gear shifts and brakes have been proven to be responsible for hundreds of deadly accidents.

There is also the possibility that the site of the accident was to blame as well. Across the country, municipalities have adopted a Vision Zero program, based on a European model for reducing traffic deaths. This program explicitly acknowledges that certain roadway designs and intersection protocols are inherently dangerous and put pedestrians (and bicyclists) at unreasonable risk. If your accident occurred at an intersection with an inordinately high rate of pedestrian accidents, a jury could conclude that the site is unreasonably dangerous and therefore the municipality is at fault for your injuries.

Severe injuries require highly professional representation

As we alluded to earlier, when accidents occur between pedestrians and motor vehicles, injuries are usually severe. A motor vehicle on average weighs 4,000 pounds. The human body is not built to withstand an impact from the force of such a heavy object. Severe pedestrian injuries include:

• Broken bones
• Concussion and traumatic brain injury
• Crush injuries
• Spinal trauma and paralysis

Catastrophic injuries such as these cry out for justice. They can also require a lifetime of medical treatment and personal care. The damage award you receive must cover these expenses and also compensate you for your pain and suffering and your loss of quality of life. Securing this level of compensation is no easy task. But when you retain our experienced trial attorneys, you can have confidence in our skill and determination as we work tirelessly to deliver the results you need.

What Do I Do After a Pedestrian Accident?

The most important thing anyone can do after a pedestrian accident is to seek medical attention immediately. Even if you don’t feel like you need medical attention immediately, it’s best to visit the hospital or see a doctor right after the accident; doing so links any injuries you sustain directly to the accident. Any subsequent trips to the doctor, physical therapist or another medical professional should be recorded, and documents should be kept as organized as possible, as they represent important evidence in the case of a settlement.

At the scene of the accident, gather the contact information of the driver who hit you, as well as that of any witnesses at the site who might be able to provide testimony in your case. It is acceptable to ask a friend or relative for help if you are unable to do this. You, or they, should take photographs of the car, the intersection or traffic area, and any other potentially relevant information. Make sure to obtain the insurance policy information of the negligent driver.

The last crucial thing you can do for yourself is to hire a trusted, experienced attorney who can advocate on your behalf. Securing an attorney’s advice after your accident can simplify the entire legal process, and ensure that you file a claim before the statute of limitations runs out. In New Jersey, personal injury claims have a two-year statute of limitations.

Who is liable for my pedestrian accident?

A number of parties other than the driver may be liable for a pedestrian accident. A driver might be trying to use their brakes, horn, or steering wheel to avoid a collision. If a vehicle malfunction was the cause, or partial cause, of a pedestrian collision, it must be proved in court.

It is also possible that several different drivers or pedestrians may each hold partial responsibility; a driver may swerve to avoid an obstacle, only to find that someone or something is obstructing the road in front of them.

When all elements are considered, we sometimes find that more than one party is responsible, and these cases become more complicated. A Brach Eichler Injury Lawyers attorney will work tirelessly to find out who is liable in your case.

What if I was partially at fault for my accident?

If you were partially at fault for your accident, you can still seek compensation. New Jersey operates on the doctrine of comparative negligence, meaning that any party may seek compensation, as long as the court deems them less than 50% at fault for the accident. If you were partially at fault, the court will assign you a percentage of blame that would then be used to determine your total compensation.

Contact a determined NJ trial lawyer for your pedestrian accident claim

Brach Eichler Injury Lawyers provides dedicated representation for victims of pedestrian traffic accidents throughout New Jersey. Let us help you get the maximum amount of compensation possible for your claim. Call us today at 973-364-8300 or contact us online to schedule a free consultation.