Belleville Pedestrian Accident Attorney
Belleville can be a pedestrian-friendly place, but accidents involving walkers aren’t rare and may lead to serious harm. If you’ve been hurt in a collision while on foot, you might be worried about mounting medical bills and losing time at work. Speaking with a Belleville pedestrian accident attorney can help you figure out your legal options and plan your next steps.
Pedestrian accidents can happen for many different reasons, often linked to drivers not paying attention to the road. Below are some common causes pedestrians should look out for:
Distracted Driving
This includes texting, eating, or playing with the car’s entertainment system. Even a momentary lapse in concentration can result in hitting someone crossing the street. It’s one of the most frequent contributors to pedestrian crashes.
Speeding
Drivers who go over the speed limit have less time to see and react to people crossing the road. Even a small increase in speed can turn a near-miss into a serious incident. Speeding also increases the force of impact and can worsen injuries. Our Belleville car accident lawyer can investigate the crash and fight for fair compensation on your behalf.
Failure to Yield
Sometimes, drivers don’t give pedestrians the proper right of way at signs, crosswalks, or intersections. This can be especially risky if someone is in a hidden spot or the driver has blocked visibility. Understanding and following traffic signals is crucial for everyone’s safety.
Driving Under the Influence
Motorists who have been drinking or taking substances tend to have reduced awareness and slower reaction times. They may fail to see pedestrians in time to avoid a collision. If you suspect a driver was intoxicated, contact law enforcement immediately.
Pedestrian Fault
Pedestrians can contribute to an accident if they act carelessly or ignore traffic rules. For example, crossing outside a marked crosswalk or not obeying traffic signals can make it harder for drivers to avoid a collision. In these cases, the pedestrian may share some blame, which can affect how liability is decided in an injury claim or lawsuit. However, partial fault does not always eliminate a pedestrian’s chance of receiving compensation.
In New Jersey, if you’re a pedestrian and the court decides you’re 50% or more to blame for an accident, you aren’t allowed to collect any compensation. If you’re less than 50% responsible, you can obtain compensation at a reduced amount proportionate to your share of blame.
2A:15-5.1. Contributory negligence; elimination as bar to recovery; comparative negligence to determine damages
Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or injury to person or property, if such negligence was not greater than the negligence of the person against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought. Any damages sustained shall be diminished by the percentage sustained of negligence attributable to the person recovering.
For example, if you’re 20% at fault, the financial award you receive is lowered by that same 20%. This approach is known as comparative negligence and can have a major impact on your claim’s value. It’s important to understand this rule so you know how your choices and actions leading up to the accident might affect your case.
How a Lawyer Helps After Pedestrian Accidents
Hiring a lawyer after a pedestrian accident can lighten the stress of sorting through insurance claims and legal documents. They’ll look into how the accident happened, gathering important evidence like the police report, witness accounts, and medical records. If the driver or their insurer tries to pin blame on you, your attorney will fight to protect your side of the story and show who is truly at fault.
They can navigate state-specific rules, like comparative negligence, and help you understand how these laws affect your case. Having experienced legal support allows you to devote more energy toward recovering and moving forward. If you have any questions and need help with a legal claim after a pedestrian accident, contact us today to schedule a free consultation with a Belleville pedestrian accident attorney.