Morristown Pedestrian Accident Lawyer

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How Common Are Pedestrian Accidents in New Jersey?

Pedestrian accidents are unfortunately all too common in New Jersey, reflecting a nationwide trend of increasing incidents. According to data from the New Jersey State Police, there were 217 pedestrian fatalities in New Jersey in 2021 [2], marking it one of the highest numbers in more than a decade. Dense population areas, high traffic volumes, and a mix of urban and suburban environments contribute to the frequency of these accidents. Many of these incidents occur at intersections, crosswalks, and busy highways, often caused by speeding, distracted driving, or failure to yield to pedestrians. These statistics emphasize the need for heightened awareness, improved safety measures, and strong legal advocacy for individuals who have been injured or lost loved ones in pedestrian accidents.

Where Do Most Pedestrian Accidents Occur in New Jersey?

Pedestrian accidents in New Jersey predominantly occur in areas with high traffic density and frequent interactions between vehicles and pedestrians. Urban centers such as Newark, Jersey City, and Paterson see a significant number of these incidents due to busy streets, extensive crosswalks, and heavy commuter activity. Intersections and crosswalks are particularly hazardous, especially when drivers fail to yield or are distracted. Additionally, high-speed highways like Route 1 and Route 9 are notorious for pedestrian accidents, as individuals may attempt to cross despite the dangers posed by fast-moving vehicles. These trends highlight the critical need for stricter enforcement of traffic laws, improved pedestrian infrastructure, and driver education to reduce these tragic events.

Common Causes of Pedestrian Accidents in New Jersey

Pedestrian accidents in New Jersey occur due to a variety of preventable factors. Understanding these common causes is essential for both implementing safety measures and seeking legal advocacy when accidents occur:

• Speeding: Excessive speed remains a significant risk factor in New Jersey, as it reduces a driver’s ability to react quickly and stop in time when pedestrians are crossing. This is especially dangerous in urban centers and near school zones. 
• Driving Under the Influence: Impaired driving is a major concern, as alcohol and drug use impair reaction times, decision-making, and overall vehicle control. This creates a particularly heightened risk for pedestrians along New Jersey highways and local streets. 
• Distracted Driving: The prevalence of cell phone use, in-car entertainment systems, and conversations among drivers frequently leads to lapses in attention. Many pedestrian accidents occur when drivers fail to notice individuals at crosswalks or walking along roadways. 
• Poor Road Design: New Jersey has areas with inadequate pedestrian crossings, improperly timed traffic signals, or insufficient signage. Dimly lit streets further exacerbate the problem, especially in high-traffic regions like those seen in Newark and Jersey City. These flaws increase the risk of accidents and highlight the need for improved infrastructure. 
• Pedestrian Distraction: Just as distracted driving is a problem, pedestrians engrossed in their phones, wearing headphones, or otherwise inattentive to their surroundings often step into traffic unexpectedly, leading to dangerous collisions. 

Addressing these common causes is vital to enhancing safety for all road users and reducing the frequency of tragic incidents involving pedestrians.

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Pedestrian Accident Injuries 

Pedestrian accidents often lead to severe injuries due to the vulnerability of pedestrians compared to vehicle occupants. Without the protection offered by vehicles, pedestrians are at a much higher risk of sustaining life-altering or fatal injuries. Below are some of the most common and serious injuries associated with pedestrian accidents:

• Neck Injuries: Neck injuries can range from whiplash to devastating spinal damage. These injuries may result in chronic pain, reduced mobility, or even permanent disability, significantly affecting the victim’s quality of life. 
• Traumatic Brain Injuries (TBIs): Traumatic brain injuries occur when an individual’s head strikes a hard surface, such as the pavement or a vehicle. Even seemingly minor head impacts can lead to long-term neurological damage, memory loss, or cognitive impairment, often requiring extensive rehabilitation and medical care. 
• Internal Injuries: Blunt force trauma in high-impact collisions can damage internal organs or cause internal bleeding. Such injuries demand immediate medical intervention and can pose life-threatening risks if left untreated. 
• Amputations: Severe pedestrian accidents can result in the partial or total loss of limbs. Amputations often necessitate painful recovery, physical therapy, and prosthetics, leaving the individual with long-term physical and emotional challenges. 
• Facial and Dental Injuries: Accidents can cause fractures to the face or jaw, broken teeth, or other dental injuries. Victims often require reconstructive surgery and dental procedures, which can be both costly and time-intensive. 
• Spinal Cord Injuries: Damage to the spinal cord can lead to paralysis, whether partial or total, profoundly impacting the injured person’s independence and requiring lifelong care or adaptive technologies. 
• Broken Bones and Fractures: Commonly sustained during pedestrian accidents, fractures can range from simple breaks to complex compound fractures that require surgical intervention and lengthy rehabilitation periods. 
• Nerve Damage: Injuries from collisions may compress or sever nerves, leading to chronic pain, sensory loss, or impaired motor function, significantly impairing a victim’s daily activities. 
• Soft Tissue Injuries: Damage to muscles, tendons, and ligaments often results in swelling, bruising, and pain. While these injuries may seem minor, their recovery time can be substantial, with ongoing therapy often required.  
• Psychological Injuries: Beyond physical harm, pedestrian accidents can cause emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). These psychological effects can be just as debilitating as physical injuries and often require professional mental health support. 
• Fatal Accident Injuries: Tragically, some pedestrian accidents result in fatalities. Families are left grieving the loss of their loved ones while also facing significant financial burdens, including medical bills, funeral costs, and loss of income. 

How to Maximize the Value of Your Pedestrian Accident Case 

If you’ve been injured in a pedestrian accident, taking proactive steps can make a significant difference in protecting your rights and maximizing your potential compensation. Various factors can influence how much compensation you may be entitled to, so it’s vital to handle the situation carefully. Here’s what you need to know to strengthen your case:

1. Call 911 Immediately 

Your first priority should always be to alert emergency services. Even if the injuries seem minor at first, having law enforcement on the scene ensures that the accident is officially documented. Request a copy of the accident report, as it can be a crucial piece of evidence in proving your claim.

1. Thoroughly Document the Accident Scene 

Take as many photos and videos as possible of the accident site, including your injuries, vehicle positions, skid marks, traffic signs, and any other relevant details. This visual evidence can be instrumental in demonstrating what occurred and establishing liability.

1. Seek Prompt Medical Care 

Even if you believe your injuries are not severe, seeing a doctor immediately after the accident is essential. Medical evaluations can identify injuries that are not visibly apparent and provide immediate treatment. More importantly, a medical record created soon after the accident ties your injuries directly to the incident, reinforcing your claim.

1. Maintain Comprehensive Records 

Keep a detailed file of everything relating to the accident and your recovery. This includes medical bills, prescription receipts, therapy costs, and records of lost wages due to missed work. These documents are invaluable in calculating the total damages you’ve endured.

1. Avoid Posting on Social Media 

Refrain from discussing the accident on social platforms. Insurance companies routinely monitor claimants’ social media activity and may twist your words or photos to discredit your claim. Even innocent statements or images can be misinterpreted to minimize your case value.

1. Consult a Pedestrian Accident Lawyer 

Your Legal Options Following a Pedestrian Accident in New Jersey

Navigating the complexities of a pedestrian accident can be overwhelming, but understanding your legal options is critical for protecting your rights and securing fair compensation. If you’ve been injured in a pedestrian accident in New Jersey, you may be entitled to file a claim against the negligent party, whether it’s a reckless driver, a municipality responsible for unsafe road conditions, or another liable entity.

Can a Pedestrian Be at Fault for an Accident?

While drivers are often held accountable in pedestrian accidents, it’s important to recognize that pedestrians can also be found at fault if they violate traffic laws or engage in unsafe behavior. Actions such as jaywalking, ignoring pedestrian signals, or stepping into traffic while distracted or impaired may place liability on the pedestrian.

Key Pedestrian Safety Laws in New Jersey 

Pedestrians in New Jersey are required to follow specific laws and guidelines to help reduce accidents and ensure safety:

1. Use of Crosswalks 

  Pedestrians must cross streets at marked crosswalks or intersections whenever available. Crossing mid-block is not only dangerous but may undermine a pedestrian’s right to claim compensation in an accident. 

1. Yielding Right-of-Way 

  Pedestrians should yield the right-of-way to vehicles if crossing outside of a crosswalk or against a traffic signal. Conversely, drivers are required to stop and yield for pedestrians in marked crosswalks. 

1. Exercising Due Care 

  Pedestrians are expected to remain vigilant when crossing roads, ensuring they stay aware of their surroundings and avoid sudden movements that may put them in harm’s way. 

1. Walking Along Roadways 

  When sidewalks are unavailable, pedestrians must walk on the far left side of the road facing oncoming traffic. This rule minimizes risks and enhances visibility for both pedestrians and drivers. 

The laws governing pedestrian conduct are designed to promote mutual responsibility between drivers and pedestrians, ultimately creating safer roadways.

Liability for Pedestrian Accidents in New Jersey 

We understand that pedestrian accidents aren’t always clear-cut issues of driver error or pedestrian fault. Other parties may also share responsibility for the incident, and identifying these parties is crucial for securing the compensation victims deserve. Some potential sources of liability beyond the driver or pedestrian include:

1. Vehicle or Parts Manufacturers 

  If a vehicle or one of its critical components, such as brakes, steering, or lighting systems, has a defect, the manufacturer may be held accountable for contributing to the accident. Defective vehicle parts can impede proper function, increasing the risk of harm to pedestrians.

1. Government Entities 

  State, county, and municipal agencies might bear liability for accidents caused by unsafe roadway conditions. This can include failing or malfunctioning traffic signals, poorly designed roadways, or inadequately marked crosswalks that do not provide pedestrians with sufficient safety measures. Holding these entities accountable can drive changes for better public safety.

1. Businesses 

  Commercial establishments may also carry responsibility if hazards on their property contribute to pedestrian accidents. Examples include damaged or obstructed pathways, improperly parked vehicles blocking visibility, or poorly maintained premises that put pedestrians at risk.

1. Other Third Parties 

Entities responsible for road maintenance, construction, or utility work may share liability if their negligence results in hazardous conditions. Uneven sidewalks, unmarked construction zones, or debris on walkways can all factor into serious accidents.

Determining who is at fault in a pedestrian accident often requires thorough investigation and legal experience.

What If My Loved One Died in a Pedestrian Accident?

Losing a loved one in a pedestrian accident is a devastating and life-altering experience. We understand the profound emotional and financial toll such a tragedy can take on families. Legally, you may have the right to file a wrongful death lawsuit to seek justice and hold those responsible for the incident accountable for their negligence.

A wrongful death claim allows the eligible survivors or representatives of the deceased’s estate to pursue compensation for both economic and non-economic damages. This may include covering funeral and burial expenses, the loss of financial support if the deceased was a provider, and the irreplaceable loss of companionship and guidance. These claims not only provide a way to ease the financial burden on your family but can also serve as a means of holding at-fault parties accountable, offering a sense of justice and closure during such a difficult time.

Our team of attorneys are committed to advocating for families dealing with the unimaginable loss of a loved one. While we know that no amount of money can truly compensate for your loss, it’s critical to ensure you and your family are provided with the financial resources you need to move forward.

When pursuing a wrongful death claim, a thorough investigation is essential to determine the full extent of liability. Multiple parties may share responsibility, such as reckless drivers, negligent property owners, or entities responsible for road maintenance. We are here to meticulously evaluate your case to identify all liable parties and build a strong claim on your behalf.

If you have lost a loved one due to a pedestrian accident in New Jersey, please don’t hesitate to reach out to Di Lauri & Hewitt Law Group. Our attorneys are ready to provide you with the guidance and support you need to seek justice and protect your family’s future.

How Di Lauri & Hewitt Law Group Can Help

Our lawyers are dedicated to providing compassionate representation to individuals and families devastated by pedestrian accident injuries or the wrongful death of a loved one caused by such accidents. Our attorneys are committed to advocating for justice and ensuring you receive the financial support you need during this challenging time.

Here’s how Di Lauri & Hewitt Law Group can assist you:

Comprehensive Pedestrian Accident Case Investigation 

Building a strong case begins with an in-depth investigation of the accident. Our  legal team will take every measure to uncover critical evidence, including interviewing witnesses, reviewing surveillance footage from street cameras, storefronts, or residences when available, and gathering crucial documents or data. We are meticulous in our efforts to determine the liability of all parties involved, ensuring no detail is overlooked.

Identifying Damages and Pursuing Fair Compensation 

Understanding the scope of your losses is essential in seeking justice and recovery. We work to identify all potential damages resulting from the accident, which may include medical expenses, lost wages, diminished earning capacity, pain and suffering, and other related losses. Our attorneys will fight to secure the compensation you need to rebuild your life after an unimaginable loss.

Managing a Pedestrian Accident Personal Injury Claim 

Navigating the claim process can be overwhelming, but our team is here to handle it for you. From preparing and filing all necessary paperwork to ensuring critical deadlines are met, we manage every step of your case with diligence and precision. You can focus on healing while we work tirelessly to move your claim forward.

Negotiating with Insurance Companies 

Dealing with insurance companies is often one of the most challenging aspects of these cases. Our attorneys have extensive experience negotiating with insurers to secure the best possible settlements for our clients. We are familiar with the common tactics insurance companies use to limit payouts and are prepared to counter them with effective strategies, ensuring you are treated fairly.

Providing Strong Court Representation 

While we strive to reach fair settlements through negotiation, we are fully prepared to take your case to court if necessary. Our trial attorneys have extensive litigation experience and will present a compelling case before a judge and jury to pursue a favorable verdict. You can trust our team to remain steadfast in seeking justice for you and your family.

How Long Does It Take To Settle a Pedestrian Accident Lawsuit in New Jersey?

The timeline for settling a pedestrian accident lawsuit in New Jersey can vary significantly, often ranging from a few months to several years. Several factors influence the duration of these cases, including the clarity of liability, the severity of injuries sustained, and whether a fair settlement can be negotiated without the need for court proceedings.

Pedestrian accident cases involving severe injuries, disputed liability, or multiple parties often require detailed investigations and prolonged negotiations, resulting in a longer resolution period. Alternatively, cases with clearly defined liability and less severe injuries might be settled more quickly if agreeable terms are reached with the opposing party. However, no matter the complexity of your case, having a New Jersey pedestrian accident lawyer by your side can help streamline the process and strengthen your claim.

Are New Jersey Pedestrian Accident Lawyers Expensive?

Our New Jersey pedestrian accident lawyers operate on a contingency fee basis, making legal representation accessible to everyone, regardless of financial circumstances. This means that you won’t face any upfront costs or out-of-pocket fees to hire us. Our payment is entirely contingent upon successfully winning your case or securing a settlement on your behalf.

This contingency-based approach ensures that our success is directly aligned with yours. We are motivated to achieve the best possible outcome for your case while relieving you of additional financial burdens during a challenging and overwhelming time.

Should You Hire a New Jersey Pedestrian Accident Lawyer?

Hiring a lawyer for your New Jersey pedestrian accident case is crucial to ensuring you receive the full and fair compensation you deserve so you can focus on your recovery. A New Jersey pedestrian accident lawyer will thoroughly assess the extent of your losses, including medical expenses, lost wages, and pain and suffering, while determining who is liable for the accident. This level of knowledge is essential because without a clear understanding of what you’re entitled to and who is responsible for providing that compensation, you could miss out on the financial resources you need to move forward.

Without proper legal representation, you also risk settling too quickly with an insurance company, which is likely to offer a compensation amount far less than your true damages. Insurance companies are notorious for undervaluing claims to protect their own financial interests. A Morristown pedestrian accident lawyer will act as your advocate, negotiating with insurers, gathering evidence, and building a strong case to maximize your compensation. 

Damages a New Jersey Pedestrian Accident Attorney Can Help You Recover

A pedestrian accident attorney in New Jersey can be instrumental in helping you recover both economic and non-economic damages when drivers fail to uphold their duty to keep pedestrians safe. These damages include, but are not limited to:

• Medical Expenses: This encompasses immediate and ongoing costs related to your injuries, including emergency services, hospital stays, surgeries, rehabilitation, physical therapy, and any necessary long-term medical care. 
• Lost Wages: If you are unable to work during your recovery, an attorney can help you recover compensation for the income you have lost. 
• Loss of Earning Capacity: If your injuries result in a reduced ability to earn income in the future, you may be entitled to damages that reflect both current and potential future financial setbacks caused by the accident. 
• Pain and Suffering: This compensates for the physical pain and discomfort endured due to injuries sustained in the pedestrian accident. 
• Emotional Distress: Beyond physical injuries, pedestrian accidents often leave victims struggling with emotional issues such as anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation can account for this emotional toll. 

Can I File a Pedestrian Crash Lawsuit If I Was Partially At Fault in New Jersey?

Yes, you may still be able to file a pedestrian crash lawsuit in New Jersey even if you were partially at fault for the accident. New Jersey follows a comparative negligence rule, which means that you can recover compensation as long as you were not more than 50% at fault for the incident. However, your total compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault and are awarded $100,000 in damages, your recovery will be reduced to $80,000.

Determining fault in pedestrian accidents can be complex, and insurance companies may attempt to shift a significant portion of the blame onto you. That’s why working with a pedestrian accident attorney is essential.

At Di Lauri & Hewitt Law Group, we are dedicated to easing your burden by managing the intricate legal aspects of your case, allowing you to prioritize what truly matters: your recovery. Contact us today to schedule a free consultation with a New Jersey pedestrian accident attorney

Resources: [1] NHTSA  [2] New Jersey State Police

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