Newark Pedestrian Accident Lawyers

When a person is struck by a vehicle, the consequences can extend beyond immediate injuries to include lasting health issues, financial strain, and emotional distress. Afterwards, legal support may be necessary to determine liability and pursue compensation through insurance claims or litigation.

Goldstein & Goldstein, LLP has provided trusted legal representation to individuals in Newark who have been injured while crossing streets, walking along sidewalks, or otherwise traveling on foot. Our Newark pedestrian accident lawyers clarify the laws that govern driver responsibilities and pedestrian rights in New Jersey, as well as the legal options available following a collision.

What Are the Common Causes of Pedestrian Accidents?

Pedestrian accidents often occur due to distracted driving, speeding, failure to yield at crosswalks, impaired driving, or poor visibility conditions. In urban areas such as Newark, heavy traffic and frequent intersections create increased risks. Determining the cause of a collision is critical for establishing liability and building a legal case.

What Types of Injuries Result From Pedestrian Accidents?

Our Newark pedestrian accident lawyers have represented pedestrians facing fractures, traumatic brain injuries, spinal cord damage, internal injuries, or soft-tissue damage. The severity of the injury depends on the speed of the vehicle, the point of impact, and whether protective actions such as braking occurred before contact. Many injuries require long-term rehabilitation and medical care.

How Is Liability Determined in a Pedestrian Accident?

Liability in pedestrian accidents is often based on “negligence,” meaning a failure to exercise reasonable care. Investigations may examine driver behavior, traffic signals, roadway conditions, and whether the pedestrian followed traffic laws. Police reports, eyewitness accounts, and video surveillance are often used to establish responsibility for the collision.

What Should I Do Immediately After a Pedestrian Accident?

Immediately after a pedestrian accident, it is important to seek medical attention, regardless of whether the injuries seem minor; prompt medical evaluation creates a record that can support the legal process. Reporting the incident to law enforcement, obtaining driver and witness information, and documenting the scene with photographs may strengthen a future claim. 

Are Drivers Always at Fault in Pedestrian Accidents?

Drivers are not automatically at fault in every pedestrian accident. While motorists are required to exercise care and yield in many situations, pedestrians also have legal duties, such as obeying traffic signals and using crosswalks when available. Each case depends on the specific facts, including where and how the accident occurred.

Can Pedestrian Accidents Involve Shared Fault?

Yes, pedestrian accidents can involve shared fault. New Jersey follows a “comparative negligence” system, which means that both the driver and pedestrian may be assigned a percentage of responsibility. Compensation can be reduced based on the level of fault attributed to the pedestrian, but recovery may still be possible if the pedestrian is less than 51% at fault.

How Do Insurance Companies Handle Pedestrian Accident Claims?

Insurance companies investigate pedestrian accident claims by reviewing police reports, interviewing witnesses, and evaluating medical records. They may offer settlements based on policy limits and perceived liability. However, claimants should be cautious, as initial offers might not fully reflect the extent of medical expenses, lost wages, or future treatment needs.

What Compensation May Be Available After a Pedestrian Accident?

Our Newark pedestrian accident lawyers help clients pursue compensation to cover medical bills, lost income, reduced earning capacity, rehabilitation costs, and pain and suffering. For severe injuries, long-term care expenses may also be included. The exact amount depends on the extent of the injury, liability findings, and the strength of the evidence presented during negotiations or litigation.

How Long Do I Have to File a Pedestrian Accident Claim in New Jersey?

In New Jersey, the statute of limitations for filing a personal injury claim, including pedestrian accidents, is generally two years from the date of the incident. Failing to file within this period may result in losing the right to pursue compensation. Exceptions may apply in limited circumstances, such as when the injured person is a minor.

What Role Do Medical Records Play in a Pedestrian Accident Case?

Medical records are central to demonstrating the extent of injuries, treatment requirements, and prognosis – they establish a link between the accident and the injuries sustained. Detailed documentation quantifies damages and supports testimony from treating physicians regarding long-term impacts and future care needs.

Can Pedestrian Accidents Result in Wrongful Death Claims?

Yes, if a pedestrian accident leads to loss of life, surviving family members may pursue a wrongful death claim. These claims can address funeral expenses, loss of financial support, and loss of companionship. Wrongful death actions must comply with New Jersey law and are typically brought by the personal representative of the deceased person’s estate.

How Do Courts Evaluate Pain and Suffering in Pedestrian Accident Cases?

Courts evaluate pain and suffering by considering the severity of the injury, the duration of recovery, and the impact on quality of life. Testimony from medical professionals, along with evidence of physical limitations or emotional distress, can influence the calculation. This form of compensation is more subjective than “economic” damages.

Are Pedestrian Accidents More Common in Urban Areas Like Newark?

Yes, pedestrian accidents occur more frequently in cities with dense traffic patterns, multiple intersections, and heavy foot traffic. Newark, as a major transportation hub, presents heightened risks for those traveling on foot. Factors like distracted driving, jaywalking, and inadequate lighting at night contribute to the likelihood of accidents.

What if the Driver Flees the Scene After Hitting a Pedestrian?

If a driver leaves the scene, the incident becomes a “hit-and-run accident,” which is both a criminal offense and a civil matter. Claimants may still pursue compensation through their own uninsured motorist coverage if available. Law enforcement typically conducts investigations to identify and locate the driver responsible, with limited success.

Why Is Legal Representation Important in Pedestrian Accident Cases?

Legal representation is important in these cases because pedestrian accidents often involve disputed liability and significant financial damages. Our Newark pedestrian accident lawyers can gather evidence, work with medical professionals, negotiate with insurance companies, and, if necessary, present your case in court. Our support helps claimants pursue fair compensation for their losses.

Turn to the Skilled Newark Pedestrian Accident Lawyers at Goldstein & Goldstein, LLP for Strong Legal Support to Get the Compensation You Deserve

You do not have to face the legal aftermath of a personal injury alone. To learn more, reach out to our Newark pedestrian accident lawyers at Goldstein & Goldstein, LLP. For a free consultation, call today at 973-675-8277 or contact us online. Located in East Orange, New Jersey, we proudly serve clients in the surrounding areas.