When people go out for a walk in Elizabeth, they certainly do not expect to be injured by another person’s negligence. Unfortunately, some drivers do not give pedestrians the time and care they deserve, causing devastating injuries and damages.
When the unthinkable occurs, our firm can handle your claim from its filing to finishing the case in court, if necessary. Our attorneys understand how trying these cases can be, especially if you are contending with serious injuries, as most pedestrian accident victims do. If so, our lawyers can help you get compensation for your various damages, including your economic and non-economic damages, by filing a lawsuit. We can also help prepare a claim with your own car insurance if you have it so that you can get coverage quickly for your medical expenses and lost income. With our team’s support, you can focus on your health and family while we handle the legal work.
For your free case assessment with our pedestrian accident attorneys, call Agrapidis & Maroules, P.C., today at (201) 777-1111.
Recovering Compensation for the Type of Elizabeth, NJ Pedestrian Accident You Were Injured in
Unfortunately, getting compensation after being injured in a pedestrian accident is not always a straightforward matter. How your accident occurred in Elizabeth will significantly impact how you can recover compensation. Our pedestrian accident attorneys have over a century of collective experience and can help you cover your damages no matter how your accident happened. Many pedestrians are injured in car accidents, while others are injured by dangerous conditions on someone else’s property.
Arguably, negligent drivers injure most pedestrians in Elizabeth. Countless drivers commute through Elizabeth to and from nearby New York City. With the many Elizabeth residents also commuting daily with public transportation, pedestrian vs. car accidents are common. How an injured pedestrian will recover compensation after a car accident will depend on whether they have car insurance.
Because it is still a car accident, no-fault insurance rules will apply to some pedestrian accidents. If you possess “Personal Injury Protection” (PIP) insurance, you will first cover your damages with this. However, PIP only compensates for economic losses, predominately medical expenses up to your policy limits, and 80% of your lost income.
Injured pedestrians will need to file a lawsuit to recover additional financial and non-economic damages. However, victims can only sue by either certifying that they suffered “serious” injuries or having the “no limitations” options selected in their insurance policy, according to N.J.S.A. § 39:6A-8(a)-(b).
If you do not have your own car insurance, you might still be covered by PIP if a household member has car insurance. The same limitations and exceptions discussed above would apply to these situations.
Fortunately, these rules and limitations will only be a concern if you or a household member has car insurance. If you have no insurance to turn to, our team can help you go straight to preparing and filing a lawsuit against the negligent driver.
Assessing Liability After a Pedestrian Accident in Elizabeth, NJ
Negligent drivers will almost always try to place some of the blame on the injured pedestrian in a lawsuit. They might claim you were not crossing at a crosswalk or did not have the signal. Even if this is true, that will not necessarily prevent you from recovering compensation.
Courts in Elizabeth use a modified comparative negligence standard to assess liability between a pedestrian and driver after an accident. Under § 2A:15-5.1, you can recover damages as long as your negligence is not greater than the defendant’s. The court will assign percentages of fault to each party at the end of a trial. If your share of fault is greater, you will be barred from recovering any compensation. If your percentage is less than the defendant’s, that amount will be deducted from your final award.
However, it might be possible to recover your full damages despite your actions if we can prove the other driver had the last clear opportunity to avoid the collision. For instance, if evidence shows that the driver noticed you after you were negligent but before the accident and did not take a few moments to stop, your compensation should not be reduced.
Who to File Your Pedestrian Accident Claim Against in Elizabeth, NJ
The circumstances of your accident will typically determine who you need to sue. If you were injured in a car accident, your claim will normally be filed against the driver. We can show the other driver was negligent by proving that they violated a traffic law, like running a stop sign, or acted unreasonably under the circumstances, such as not yielding to you even though they had the right of way.
However, they might not be the only driver that caused your injuries. For instance, the driver who hit you might have slammed on their brakes at the last second, causing another car following too closely behind to hit their car into you. In these situations, we would sue both drivers and determine the extent of each driver’s liability during the case.
In some cases, the driver who hit you was working at the time, like a delivery driver. In these instances, we can usually file your claim against the driver and the driver’s employer if they were on the clock and executing their job duties when they caused the crash.
Suppose you were injured while walking on a business’s property or passing a construction site. In that case, we might not know the individual employee who left the dangerous condition, but we can usually sue the business responsible for the premises’ safety.
As mentioned, your case might be more challenging if the defendant is the government. Many government agencies in Elizabeth have drivers on the road daily. You typically have less time to file your claim against a government entity and must provide notice of your suit before doing so.
Get in Touch with Our Pedestrian Accident Lawyers in Elizabeth, NJ for Help Today
Contact Agrapidis & Maroules, P.C., today by calling (201) 777-1111 for a free case review with our pedestrian accident lawyers.