Oakhurst, Howell and Toms River Offices Serving All of New Jersey
Every year, there are between 4,000 and 5,000 pedestrian deaths from pedestrian-vehicle accidents. Pedestrian accidents account for roughly 13 percent of all vehicle-related fatalities.
These deadly accidents increase in heavily populated, high-traffic areas. This is concerning given the fact that pedestrian deaths are one of the few transportation-related deaths that have consistently been on the rise over the past several years.
One of the likely reasons for the large number of deaths is because pedestrians have very little in the way of protection against a car, truck, or even a motorcycle.
If a pedestrian is hit, the injuries are often very serious or life-threatening. Long term disabilities and life changing injuries are not uncommon following a pedestrian accident.
If you or your loved one has been injured in a pedestrian accident in New Jersey‚ attorneys at Schibell Law, LLC can help you recover damages. Some of the main areas we serve can be found below:
- Ocean Township
- Toms River
New Jersey No Fault Coverage and Pedestrian Accidents
Unlike many other states, New Jersey has no fault insurance coverage for vehicular accidents. This coverage also extends to pedestrians, but the pedestrian’s own personal injury protection (PIP) coverage will apply first. However, this only applies when the pedestrian or the pedestrian’s family member has PIP coverage.
If the pedestrian is struck by a car or truck but does not own a car or reside with a family member who owns a car, then the PIP coverage is actually paid by a state insurance fund.
If the pedestrian is struck by a different vehicle, such as a motorcycle, then PIP coverage should be paid by the insurance company for the striking vehicle. This applies even if the pedestrian has his or her own PIP coverage or lives in a home with someone else who owns a car.
In situations where the striking driver leaves the scene, then the state fund or the pedestrian’s own PIP coverage will apply.
Causes of Pedestrian Accidents
Pedestrian accidents can occur for a variety of reasons. The most common causes include:
- Unmarked crosswalks
- Left-hand turns
- Dark conditions or improper lighting or clothing
- Vehicle malfunction
- Failure to observe to follow traffic signals
- Poor road conditions
- Weather conditions
- Drivers who are unfamiliar with New Jersey right-of-way laws
As a pedestrian, you may need to show that at least one of these causes occurred in your particular situation. Showing this will help you to obtain a favorable result in your pedestrian accident claim.
The reputable and aggressive pedestrian accident lawyers New Jersey at Schibell Law, LLC can help organize a compelling case to fight on your behalf and in your favor.
When the Pedestrian Is at Fault
The pedestrian can also be partially or completely at fault in a pedestrian-vehicle accident.
New Jersey is a modified comparative fault state. That means if the pedestrian is determined to be partially at fault for the accident, then his or her compensation for damages will be reduced by the amount of their fault. This scenario often involves a jury or a judge determining fault percentages for all of the parties in the case.
Because New Jersey is a “modified” comparative fault state, if one party is considered more than 50 percent at fault, then they cannot collect damages for the accident.
Get Legal Help from an Experienced Team of Pedestrian Accident Lawyers New Jersey
Whether you are the driver or the pedestrian, you may have a personal injury case if the other party was at fault, or partially at fault for your accident. The experienced personal injury Pedestrian Accident Lawyer New Jersey at Schibell Law, LLC can help you determine if asserting a personal injury claim is the right decision for you.
Call for a free case evaluation at 732-774-1000. We will give you a realistic picture of the potential outcomes of your pedestrian liability claim.