The South Jersey suburbs are a great place to live with plenty of space to get outside and walk, bike, and jog. But some areas of Cherry Hill and Haddonfield can still be congested with traffic similar to Philadelphia. Having a lot of pedestrians combined with a lot of traffic can be a recipe for disaster causing a peaceful day to be shattered by an accident.
When a 2 ton car or truck that’s driving too fast hits someone crossing the street or riding their bicycle, usually the pedestrian is likely to suffer severe and even catastrophic injuries, or even wrongful death. They may be unable to work, care for their family members, and face significant medical expenses and financial problems.
If a negligent driver caused you to suffer pedestrian injuries, our team of Cherry Hill personal injury attorneys at The Rothenberg Law Firm can help. We are ready to maximize your recovery by leveraging our substantial resources and experience. We’re proud to have fought for accident victims, having won and collected billions for our clients. We know what it means to their lives and families. Contact us for a free case evaluation, and we will be happy to review your case and determine if you have a viable personal injury claim.
Your initial consultation with an experienced pedestrian accident lawyer is always FREE and we never take money unless and until we are successful in getting money for you. Call us at 1-800-624-8888 or use our free online case evaluation form.
Understanding the Causes of Pedestrian Accidents
In the Garden State, 190 pedestrian deaths from car accidents occurred in New Jersey in 2022, according to the Governors Highway Safety Association. As of mid-October 2023, the New Jersey State Police’s Fatal Accident Investigation Unit reported that 110 pedestrians have been killed in car or truck accidents so far this year.
It is clear that pedestrian accidents that cause serious injuries are a significant problem in New Jersey.
The most common causes of pedestrian accidents are:
- Aggressive driving: This includes a range of driving habits, from running red lights to failing to yield to pedestrians in crosswalks.
- Distracted driving: In 2020, nearly 600 pedestrians and cyclists were killed by distracted drivers.
- Impaired driving: Alcohol, drugs, and certain legal medications can impact coordination, reaction time, and decision-making in ways that make it unsafe to operate a vehicle.
- Ignoring traffic signs and signals: Drivers who ignore the lights, signals, and crosswalks used to coordinate traffic can be liable if that recklessness injures a pedestrian.
- Poor visibility: Pedestrians can be difficult to see, especially at night. Drivers must be aware of them, especially at busy intersections.
- Speeding: Driving too fast is a major cause of all types of car and truck accidents, but also pedestrian accidents. .
Everyone who shares New Jersey roads and sidewalks has a duty to act with care and caution. Our New Jersey accident lawyers will thoroughly investigate the facts of your accident to determine who was at fault.
Steps to Take After a Pedestrian Accident
If you frequently walk or run outdoors, it’s wise to know what to do in the event of a pedestrian accident, which includes the following:
- Assess the scene: Are you hurt? Can you move? Assess your condition to determine if you need emergency medical assistance.
- Call 911: If you can, call for help. If you cannot, ask a bystander to call for you.
- File a police report: Tell the responding officer what happened as you recall it. They will file a report which will contain critical details about the accident.
- Obtain contact information: If possible, obtain the driver’s information including license and insurance. Ask any witnesses to provide their name and phone number as well. Don’t assume the police report will have witness contact information.
- Document the scene: If you can, take photos or video of the accident scene, including damage to the vehicle and any conditions that may have contributed to the accident like inclement weather or badly damaged road surfaces.
- Seek medical attention: If you haven’t already been treated, it is critical to see a healthcare provider to rule out internal injuries of the head, neck, spinal cord injuries, and organs. Some symptoms may not appear until several hours or even days after the accident.
- Contact a pedestrian injury lawyer: The best way to protect your rights is to contact a pedestrian accident attorney that has years of experience in successfully handling these cases. This should be done as soon as possible so the investigation of the case can begin immediately.
Remember that insurance companies are not on your side with their goal is to pay you nothing for your injuries or as little as possible. Don’t ever agree to give a recorded statement or agree to take a quick settlement without first talking to an experienced Cherry Hill personal injury lawyer.
Proving Liability in Pedestrian Accident Cases
Under New Jersey law, pedestrians have the right of way at intersections and crosswalks, requiring drivers to yield until they cross the street.
In addition, New Jersey is a no-fault state; all motor vehicle owners must carry Personal Injury Protection (PIP) insurance. If you are hurt as a pedestrian, you typically file a claim under your own automobile insurance PIP coverage.
However, there are limits to this coverage, and injuries to vulnerable pedestrians often exceed them.
The Role of a Cherry Hill Pedestrian Accident Attorney
The only way to truly protect your rights is to have someone on your side to fight for you and help you, your family, and loved ones through this terrible experience. A skilled and knowledgeable pedestrian accident lawyer will quickly accomplish many things:
- Contact all insurance companies that might come into play, talk to the insurance adjusters, and deal with insurance investigators;
- Obtain the police accident report;
- Take detailed photographs of the scene of the accident to possibly use at a trial to explain how the accident happened;
- Obtain witness statements from anyone who saw the pedestrian accident;
- Collect and maintain any evidence that is pertinent to the cause of the accident and would demonstrate who’s at fault;
- Obtain medical records to demonstrate the extent of the injuries;
- Negotiate on your behalf with the at-fault driver’s insurance company;
- If necessary, file a lawsuit on your behalf seeking full and fair compensation for your injuries; and
- Hire medical experts, vocational experts, and economic experts to prove to a jury your injuries and the financial impact they had on you and your family.
- Hire liability experts such as an accident reconstructionist to show how the accident occurred.
Seeking Compensation and Damages
The Cherry Hill injury lawyers at The Rothenberg Law Firm, LLP have seen firsthand the severe pedestrian injuries that can happen when someone is hit by a car, and we work tirelessly to achieve justice on your behalf. That is why our team fights for compensation for your medical bills and lost income, along with those damages that are not as easy to calculate, like pain and suffering.
The following are the Economic Damages that we can possibly win for you:
- Past medical bills: If you have unpaid medical bills from medical care related to the accident.
- Future medical bills: If your injuries are long-lasting and permanent, you may need compensation to pay for future medical treatment like future surgeries, physical therapy, or rehabilitation treatment.
- Past lost wages: This is a simple category to calculate. If the injuries prevented you from working for 6 months, then you are entitled to receive 6 months worth of your wages reimbursed by the at-fault driver.
- Future lost earning capacity: This one is a little more complicated to calculate because it covers the lost wages and lost earning ability you lose if the injuries cause ongoing disability from work.
The following are the Non-Economic damages that you can seek in a pedestrian accident case:
- Pain and suffering: This category of damages is designed to compensate you for the actual pain you experienced from any injury you suffered. Every case is different and every injury is different. That is why you need an experienced Cherry Hill personal injury lawyer who can evaluate your case and give you an idea as to a reasonable value. This value depends upon the facts of the case, the amount of medical treatment, and the type of injury.
- Loss of life’s pleasures: This category is designed to compensate the victim for the inability to do the things that give them joy, such as hobbies, going out with the family, vacations, etc.
- Loss of consortium: This category of compensation is designed to compensate the plaintiff’s spouse. So, if the injured party is married, then their spouse would also be a named plaintiff in the lawsuit. Loss of consortium compensates the spouse for the lack of services and companionship that they would have normally received from their injured spouse.
A last category of damages that is rare in personal injury cases, but is certainly possible under the law, is punitive damages. Punitive damages are not designed to compensate the plaintiff but to punish the defendant for their outrageous behavior. Punitive damages are only allowed in cases that are more than just general negligence. The at-fault party’s actions have to be intentional or outrageous in order to have a valid punitive damages claim.
For example, let’s say that a truck driver was drunk at the time of the motor vehicle accident and hit a pedestrian. The at-fault truck driver’s actions may be considered outrageous, justifying a potential punitive damages claim.
Contact The Rothenberg Law Firm for a Free Consultation
If you or a loved one has been injured while walking, crossing a street, jogging, or had a bicycle accident, you may be entitled to compensation for your pain and suffering, medical expenses, and lost wages. The Cherry Hill pedestrian accident lawyers at The Rothenberg Law Firm, LLP use all necessary resources to fight to win you maximum compensation.
We prepare each case to go to trial and verdict if necessary to vindicate our client’s rights.
To schedule a free case evaluation at our Camden County Cherry Hill law office, contact us today. We represent clients throughout New Jersey and work on a contingency basis, so there are no upfront legal fees. And we never take a fee unless and until we are successful in winning money for you.
It’s important to understand that the Statute of Limitations establishes deadlines for filing a New Jersey or Pennsylvania pedestrian accident lawsuit. That’s why it’s very important to get in touch with our team of personal injury attorneys today to make sure you are fully compensated for your pain and suffering.
Cherry Hill Office Location
The Rothenberg Law Firm LLP
811 Church Rd,