What You Should Know About Personal Injury Law for Pedestrian Accidents in New Jersey
Understanding personal injury law is crucial for anyone involved in a pedestrian accident in New Jersey. The state has specific regulations and guidelines that come into play when a pedestrian is injured due to the negligence of a vehicle driver. Here’s what you should know:
New Jersey's Comparative Negligence Rule
New Jersey operates under a comparative negligence rule. This means that if you are involved in an accident, your compensation may be reduced based on your level of fault. For instance, if you were jaywalking and hit by a car, and the court finds you 20% at fault, your compensation will be reduced by that percentage.
Establishing Negligence
To receive compensation for a pedestrian accident, you must prove that the driver acted negligently. Negligence can involve:
- Distracted driving
- Speeding
- Failing to yield to pedestrians
- Driving under the influence
Gathering evidence, such as eyewitness testimonies, traffic camera footage, or police reports, is vital for establishing negligence.
Proving Your Case
Beyond demonstrating the driver’s negligence, you must show that your injuries and losses are directly related to the accident. This includes:
- Medical expenses
- Lost wages
- Pain and suffering
Documenting all aspects of your injuries and expenses will significantly strengthen your case.
Statute of Limitations
In New Jersey, there is a statute of limitations for filing a personal injury claim. Generally, you have two years from the date of the accident to file a lawsuit. Failing to act within this time frame can result in losing your right to compensation.
Insurance Considerations
New Jersey is a no-fault state, meaning that your own insurance coverage typically pays for medical expenses, regardless of who was at fault. However, if you want to pursue a claim against the driver, you must meet specific criteria, such as having sustained severe injuries or expenses exceeding a certain threshold.
Importance of Legal Representation
Navigating personal injury law can be complex. Engaging a knowledgeable personal injury attorney can significantly improve your chances of obtaining fair compensation. An attorney will help investigate the accident, negotiate with insurance companies, and represent you in court if necessary.
Conclusion
In summary, understanding the nuances of personal injury law specific to pedestrian accidents in New Jersey is vital. Be aware of your rights, the importance of gathering evidence, and the need to file your claim within the statutory limits. Seeking expert legal guidance can help you navigate this challenging landscape effectively.