Pedestrians have just as much a right to use the roadways as motorists. Unfortunately, many motorists fail to recognize pedestrian right-of-way laws, causing serious bodily injury or death when they hit someone who is walking. If you were critically injured after being hit by a car, you may have the right to maximum compensation for your losses.
The resources and legal insight of a reputable Ewing pedestrian accident lawyer from Rand Spear The Accident Lawyer will be invaluable in your pursuit of justice. Your dedicated Ewing personal injury lawyer can gather powerful evidence to prove the defendant’s culpability and demand the compensation you deserve. When you are ready to take action against the driver who hit you, do not hesitate to contact our law office to request a free consultation.
Liability Must Be Established in Your Ewing Pedestrian Accident Case
Your Ewing pedestrian accident lawyer will begin working on your case with a comprehensive investigation. Liability must be determined before a pedestrian accident lawyer in Ewing can move forward with your case. Some of the top causes of pedestrian accidents and injuries include:
- Lack of crosswalks
- Distracted drivers
- Failing to yield or stop
- Lack of sufficient streetlights
- Driving over the speed limit
- Making unsafe lane changes
- Drunk or drugged drivers
- Failure to check blind spots
- Following too closely
- Driving while fatigued
- Aggressive driving
- Defective motor vehicle parts
- Malfunctioning traffic signals
In some cases, multiple parties may be responsible for the injuries you suffered. Our investigation will uncover the identities of all those who share liability for your damages. We may bring a claim against the driver who hit you, auto parts designers or manufacturers, local dram shops in violation as described by N.J.S.A. 2A:22A-1, or even the city of Ewing.
Ewing Pedestrian Accident FAQ
When Do Pedestrians Have the Right of Way?
When a pedestrian has the right of way, it may be easier to file a claim against the driver who hit them. Recognizing when pedestrians have the right of way is essential to building a powerful case against the at-fault party. Generally, pedestrians have the right of way when they are in any type of intersection, including those that do not have crosswalks or in unmarked and marked crosswalks.
When a pedestrian is crossing at an intersection, drivers who need to make a turn must yield to pedestrians. Those who fail to do so may be held accountable if the pedestrian suffered severe bodily injury or death and be fined up to $500 under N.J.S.A. 39:4-36. Pedestrians are also required to wait to cross until they are signaled to do so by crosswalk signals.
What Is the Statute of Limitations for Pedestrian Accidents in Ewing?
If you are hoping to file a pedestrian accident lawsuit, it is important to act quickly. The statute of limitations for personal injury accidents in Ewing and across the state of New Jersey is generally two years from the accident date under N.J.S.A. 2A:14-2. If this deadline passes and the claim has not been filed, the system will generally refuse to hear the case.
With that being said, there are several instances where there may be an exception. If your minor child, for example, was crossing the street when they were struck by a distracted driver, the statute of limitations would temporarily pause and only resume its countdown once the child reached the age of 18. The statute of limitations could also toll if the driver who hit you flees the state to avoid liability or you receive a delayed diagnosis related to the accident.
How Do I Win a Pedestrian Accident Lawsuit?
You win a pedestrian accident lawsuit by working with an Ewing truck accident lawyer to establish liability. Your legal advocate with Rand Spear must be able to show that the driver who hit you was negligent in some way or that someone else’s recklessness contributed to the accident. For instance, if the driver who hit you could not stop because their brakes were faulty, we would look to the brake manufacturer, auto parts designers, and other third parties for culpability.
Our evidence must be clear and convincing. This is because the burden of proof in civil lawsuits and pedestrian accident claims is based on a preponderance of the evidence as described by Charge 1.19 from the New Jersey Courts. This means we are going to need photos of your injuries, witness statements, reports from accident reconstructionists, forensic evidence, and other concrete facts that can help establish liability for your injuries and damages.
What Is Modified Comparative Negligence?
Modified comparative negligence is the legal statute under Charge 7.31 from the New Jersey Courts that describes how pedestrian accident and personal injury claims will be handled when the injury victim shares responsibility for the accident. For instance, if you did not wait for the signal before you began crossing in the crosswalk and were struck by a drunk driver, the court system might find you partially at fault for your injuries. Let’s say you were found 25% liable.
Since New Jersey follows modified comparative negligence laws with a 50% threshold, your settlement will be reduced proportionately. Instead of receiving 100% of your award, you will only be entitled to 75%. This could have a significant impact on the outcome of your case. For this reason, it may be in your best interests to trust a reputable pedestrian accident attorney in Ewing who can help you ensure fault is accurately evaluated in your case.
Ewing Pedestrian Accident Lawyer Near Me (215) 985-2424
Reach Out to a Highly Skilled Pedestrian Accident Lawyer in Ewing for Help Today
The trauma of your injuries may be emotionally and physically devastating. The financial burden could hold you back from putting this experience behind you. Do not let the liable party get away with their negligent actions.
Demand Rand. Contact a respected pedestrian accident attorney in Ewing with Rand Spear The Accident Lawyer to fight for the justice you deserve. If you are ready to advocate for your rights but are unsure of where to turn for help, fill out our online contact form or call our office to schedule a free, no-obligation consultation with Rand Spear as soon as today.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
