Whether you think about it or not, you will be a pedestrian at some point during your day. When you’re running an errand, going for a walk, or doing anything else, you probably do not expect to get hit by a car. However, pedestrians are sadly hit by cars, trucks, SUVs, and other vehicles every day, and victims of these accidents often suffer grievous injuries like broken bones, internal bleeding, and more. The cost of treating these injuries can quickly skyrocket to astronomical amounts, leaving people who just got hit by cars facing serious financial burdens on top of lengthy physical recoveries.
If you were hit by a car and are unsure about your next move, you need good legal representation. Our lawyers know these cases inside and out, and we have the experience, professionalism, and drive to take your case to the finish line and get you the financial compensation you deserve.
Call (201) 777-1111 today and get a free case review from the pedestrian accident attorneys at Agrapidis & Maroules, P.C..
No-Fault Laws in New Jersey Pedestrian Accident Cases
New Jersey is a “no-fault” state. This means that if you have auto insurance, it should pay for your injuries regardless of who caused the accident – even if you were a pedestrian at the time. While no-fault insurance can be beneficial to many, it can also make it tougher to be able to sue someone in court. In New Jersey, some criteria must be met before you are allowed to file a claim in court.
First, if you have an unlimited right to sue an insurance policy, you can file a claim against whoever injured you. Second, you can also do this if you meet New Jersey’s “serious injury threshold,” even with a limited right to sue on your insurance policy. New Jersey defines “serious injury” in N.J.S.A. § 39:6A-8(a) as death, lost fetus, permanent injury, “significant disfigurement,” or a displaced broken bone, among other potential injuries.
When you talk to our pedestrian accident lawyers, we can look at your insurance policy and situation to determine whether immediately filing a lawsuit or taking another course of action is best.
What Do I Need to Prove in Court in New Jersey Pedestrian Accident Cases?
If you are able to sue and go to court, you must prove that the defendant was negligent. In law, “negligence” means that someone did not act reasonably or broke an actual law and, consequently, you got hurt. There are four “elements” of a negligence claim that you must prove in your case: duty, breach, causation, and injury.
Duty
A “duty” is simply an obligation one party has to another. For example, drivers have a duty to operate their vehicles safely and avoid hurting other drivers and pedestrians. Traffic laws also create specific duties, such as a duty not to speed.
Breach
A breach occurs when a party fails to uphold its duty. For example, a driver who gets drunk and then drives home would breach their duty not to drive while intoxicated.
Causation
Proving causation means proving that the defendant actually caused your injuries. You must show that they were one of the causes of your accident and that the defendant was a “proximate “cause” of your injuries. This means that the defendant’s conduct was very closely related to your injuries. For example, if a driver speeds up and then hits you, they are the proximate cause of your injuries. However, if a driver speeds up but is then T-boned by another vehicle, and you get hit by both cars, you may want to sue the driver who struck the speeding vehicle instead, as their negligent conduct may have “cut off” the potential liability of the speeding driver.
Injury
Finally, you have to prove that you were actually injured to win your claim. After all, if you were not injured, there is not much of a reason to go through a claim. You can prove injury through evidence like photos of your injuries, medical records, personal testimony, or, indeed, your physical condition during the trial.
Who Can You Sue in New Jersey Pedestrian Accident Lawsuits?
Something you need to decide if your case is going to court is who exactly you are going to sue. You can only get damages from parties that you can prove were negligent, so you should sue only parties you can demonstrate had a hand in causing your injuries.
Drivers
In pedestrian crashes, you will almost always want to sue the driver who injured you. Drivers can be negligent in many ways, but their conduct will generally be the primary thing that caused your injuries.
Vehicle Designers and Manufacturers
Sometimes, accidents happen because there is something wrong with the vehicle, not because a driver did something wrong. You can sue various entities for defective vehicles, such as the manufacturer, the owner (if different from the driver), or a mechanic.
Government Entities
In rare circumstances, you may be able to sue a state or local government entity for your injuries. Generally, this is the case when poor road conditions, like potholes or uncleared debris, contribute to the accident. There can be special rules for suing the government, so you should consider the prospect of doing so early on in talks with our lawyers.
How Long Do I Have to File My New Jersey Pedestrian Accident Lawsuit?
You have a finite amount of time to file your claim with a New Jersey court. Pursuant to N.J.S.A. § 2A:14-2, you have two years from the time you get hurt to file your lawsuit. If you fail to do so, you cannot have a court hear your case or award you damages. Two years is actually a very short amount of time, as in those two years, you and our lawyers will have to gather all the information we need to get your case ready to be filed, which could take quite a lot of time. Therefore, it is always prudent to start pursuing your claim sooner rather than later.
Call Our New Jersey Pedestrian Accident Attorneys and Get Justice
The pedestrian accident attorneys from Agrapidis & Maroules, P.C., can be reached at (201) 777-1111 for free case reviews.