May 23, 2019
BY: Christina Galarza, Esq.
Pedestrian accidents are terrifying and can cause significant injury or death. In 2016, pedestrian fatalities accounted for 27% of fatal car crashes on New Jersey roadways. The national average for pedestrian fatalities is 15%, some resulting in wrongful death lawsuits.
In 2010, New Jersey Statute 39:4-36 was updated for the purpose of protecting pedestrians. Before, drivers had to yield to pedestrians legally crossing the road at intersections or in marked crosswalks. In the updated statute, drivers must come to a complete stop and stay stopped until the pedestrian has finished crossing. An important part of this statute states that “in the event of a collision between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there shall be a permissive inference that the driver did not exercise due care for the safety of the pedestrian.” N.J.S.A. 39:4-36.
An injured pedestrian can file a personal injury lawsuit in New Jersey against a negligent driver who hit them and caused injury. A pedestrian can seek compensation for emergency room visits, medical expenses, pain and suffering, lost income, loss of enjoyment, and future loss of income.
If you or a loved one finds themselves in a pedestrian accident, it is important to call the police immediately and have them file a police report. After the police, contact your New Jersey Personal Injury Lawyer. If you don’t have one, contact us at LMLLawyers.com
New Jersey law requires that all drivers involved in an accident that involves an injury stay at the scene and wait for the police to make a report. Unfortunately, not all drivers stay at the scene of an accident after hitting a pedestrian. If a driver does not stop after hitting a pedestrian, it is important to attempt to memorize their license plate number and call the police.
After being struck a pedestrian should seek medical attention immediately. Even if the pedestrian is not in a lot of pain, it is important to be examined by a doctor soon after the accident. It is possible that adrenaline could be masking pain or injury a pedestrian has sustained. Ensuring you or your loved one’s health imperative after a car crash, especially when it involves a pedestrian.
Experienced Personal Injury Lawyers in New Jersey
Contact the experienced New Jersey personal injury lawyers at Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain for legal consultation.