New Jersey Pedestrian Accident Attorneys Advocate for Injured Victims
Every year, thousands of pedestrians are injured–or even killed–when they are hit by a car, truck, or other motor vehicle. Approximately 5,000 pedestrians die every year in devastating accidents, and, in 2012, roughly 76,000 pedestrians suffered injuries. Pursuing legal action against a driver can be tedious and stressful. At Leonard Legal Group, our New Jersey pedestrian accident attorneys understand how traumatic accidents are for injured victims and families. With more than forty years of combined experience, we know how to argue the facts of your case to obtain the maximum compensation you deserve.
Pursuing a pedestrian accident claim
After sustaining injuries in a pedestrian accident, victims are often overwhelmed when they consider taking legal action against the driver. How do you file a claim? What do you need to prove? When do you file?
In New Jersey, the victim of a pedestrian accident has two years to file a claim. This is called the statute of limitations. If the victim fails to file a claim by the two-year deadline, that victim will forever lose the right to pursue legal action against the driver that caused his or her injuries. This means that any expenses the victim has incurred due to the accident will be the victim’s responsibility. Clearly, allowing the statute of limitations to expire can be a costly mistake.
In New Jersey, certain elements must be proven to prevail in a personal injury lawsuit. Pedestrian accidents are included under the umbrella of personal injury claims. The elements of these claims are:
- The victim was owed a duty by the driver;
- The driver failed to act reasonably under the circumstances, breaching this duty to the victim; and
- Due to the breach of this duty, the victim suffered damages.
All drivers have a duty to operate their vehicles in a safe manner. Driving carelessly is a clear breach of this duty. For example, if a driver was texting and driving and veered off of the road and onto a sidewalk, hitting a pedestrian, it is clear that the driver was acting negligently. Unfortunately, many drivers will argue that the victim was partially responsible for the accident, when this is simply not true.
A victim must also demonstrate that any damages sustained were directly caused by the accident. Common damages in pedestrian accidents include:
- Medical bills
- Lost wages
- Pain and suffering
- Costs incurred to make alterations to one’s home (wheelchair ramps, etc.)
- The cost of future medical treatment
Proving damages is often the most time consuming phase of a pedestrian accident claim. Many drivers will argue that a victim is exaggerating the extent of their injuries, or certain injuries were already present before the accident. Medical records must be carefully studied and analyzed, which may take several months. Without the assistance of a qualified New Jersey personal injury attorney, these victims may end up settling for far less than what their claim is actually worth.
Don’t be intimidated by the insurance companies–contact our attorneys today
Insurance companies often intimidate accident victims and pressure you to settle your claim for as little money as possible. At Leonard Legal Group, our New Jersey pedestrian accident attorneys have a proven record of success, representing hundreds of clients, both inside and outside of the courtroom. Don’t risk losing your right to file a claim–contact us as soon as possible so we can begin work on your case immediately. We offer a free consultation, as well as evening hours. To schedule your free consultation, call our 24-hour call center at 973-984-1414 or contact us online.