In New Jersey, there were 183 pedestrian fatalities, breaking down to 2.03 deaths per 100,000 people. That rate is higher than the national average, according to NHTSA. In New Jersey, 29.3 percent of total traffic fatalities were pedestrians, the second highest percentage in the nation, trailing only Nevada.
If you have been injured in a collision while on foot, contact the New Jersey pedestrian accident attorneys at Taylor, Taylor, Cohen & Bowles as soon as possible. Call us or contact us online now for a free, no-obligation consultation.
Compensation for Injuries in a Pedestrian Accident
What you can recover in a pedestrian accident depends on the facts of your case. Under certain circumstances you can recover out-of-pocket medical expenses from the other party. You may be able to recover other out-of pocket expenses, lost wages, and compensation for your physical and emotional pain and suffering. If you are married, your spouse may also collect compensation for their “loss of consortium,” which simply means that they can collect for all of the ways in which their life has changed because of your injuries. The attorneys at TTCB can advise you as to what you are legally entitled to recover, and can guide you through the process of a legal claim so that you know what to expect.
If you have been injured in a pedestrian accident, you may be entitled to compensation for:
- Medical Expenses – Medical care for your injuries may require expensive hospital stays, surgeries, rehabilitation, prescription drugs, and more.
- Lost wages – If you missed valuable time from work due to your injuries, the person responsible could owe you money for the time you lost.
- Reduced earning potential – If you are unable to work or have to change professions, you may be able to get proper compensation for your decreased income. This can include loss of future income.
- Emotional distress – Mental anguish, post-traumatic stress, and anxiety are common after a severe injury accident. You could be owed damages for what you have been forced to endure.
- Pain and suffering – You may be able to recover for the pain you have/are suffered/suffering.
If you lost a close relative in a fatal pedestrian accident, you may also be able to collect compensation including medical expenses, funeral costs, loss of income, loss of emotional support, and more through a wrongful death claim.
How the Attorneys at Taylor, Taylor, Cohen & Bowles Can Help
Evidence can be lost, and must be preserved. The attorneys at Taylor, Taylor, Cohen & Bowles will find it, preserve it, and maximize its affect. Our attorneys will locate witnesses and obtain statements. We will take photographs of the accident scene, your property damage, and your injuries. We will obtain, organize, and make sense of your medical records. The attorneys at Taylor, Taylor, Cohen & Bowles are here to help you every step of the way.
One of the first concerns you may have is,“how is my car going to get fixed?” We can help. We will contact both your insurance company and the insurance company of the person who hit you, and make certain that your car is repaired as quickly as possible.
Unpaid medical bills are a primary source of ruined credit and bankruptcy. We are here to help make sure that does not happen to you. There are several ways that your medical bills may get paid. Depending on your personal situation, your bills may be paid by your auto insurance policy, your health insurance policy, or they may be paid by Medicare/Medicaid. If you have no insurance at all, we can still help you get the treatment that you need. It is important that your medical bills get submitted to the proper place from the beginning of your treatment because time may run out and your insurance company may be legally able to refuse to pay. We inform every single medical provider of the proper place to submit your bills to make certain that you pay as little as possible out of your pocket for treatment.
If you are unable to work as a result of your injuries, you may be entitled to disability payments either from the State of New Jersey, a private insurance company, or your auto insurance policy. We can help you apply for these benefits, and make certain that you receive them.
If tickets are issued to you or the person who hit you, we will go to Municipal Court with you – free of charge – to make certain that your rights are protected.
The most important aspect of any personal injury case is making certain that you get proper medical treatment. Health is not replaceable. We want you to recover from your injuries to the full extent possible. We can assist you in finding doctors that treat your type of injuries, and who will also accept your type of insurance.
In New Jersey, you may be limited in your ability to file a claim because of the auto insurance you selected. If you have what is known as the “verbal threshold” or “limited tort” option on your auto insurance policy, your right to recover money may be limited based on your ability to prove by objective medical evidence that you have suffered a permanent injury as a result of your car accident. If you have suffered a permanent injury, the attorneys at TTCB will make sure that you get the treatment you need to document the permanent injury. Do not worry – most New Jersey drivers have the limited right to sue in their insurance policies. Therefore, most of our automobile accident clients have the limited right to sue. Even with this limitation, the attorneys at TTCB have been extremely successful in resolving (and winning) these cases where our clients suffered an injury, and were able to obtain the proper diagnostic testing and medical treatment.
Insurance companies have adjusters, investigators, and attorneys whose only job is to keep you from getting compensated for your losses. We have over 100 years of experience in negotiating car accident cases. Our experience gives us the ability to properly evaluate the value of your case. We use that knowledge to educate you as to what you can expect, and to maximize your recovery.
The accident attorneys at Taylor, Taylor, Cohen & Bowles are litigation attorneys. In the event your meritorious case cannot be settled, the attorneys at Taylor, Taylor, Cohen & Bowles will file a lawsuit. Not only will we keep you advised of significant developments in your case as it progresses, we will be with you throughout every stage of the litigation process. This will include answering Interrogatories, which are written questions sent by the other side, preparing you for your deposition, and preparing you for Court Arbitration. The attorneys at Taylor, Taylor, Cohen & Bowles we are in Court, taking depositions, going to trial, or meeting with our clients every day.
While most cases settle, for the few cases that do not, you should demand a competent, experienced, and skilled trial attorney. Not all attorneys know how to go to trial. All of the car accident attorneys at Taylor, Taylor, Cohen & Bowles have tried cases before juries. Our results speak for themselves.
What Do You Have to Prove in a Pedestrian Accident Claim?
When you are hurt and bring a claim, you have the burden of proof. A person filing a claim must prove that it is more likely than not that the other party was “negligent.” The attorneys at Taylor, Taylor, Cohen & Bowles know how to show that the other party had a duty to you, that they did not perform that duty, and because of that breach of duty, they caused your harm. For example, drivers must drive in a way that keeps pedestrians safe. When they fail to do so, they have acted negligently, and if they cause an accident and you are hurt because of the accident, they may be found negligent.
New Jersey is also governed by “comparative negligence,” which means you may recover money even if the other party is not 100% at fault. As long as the other party is more at fault than you, and you prove negligence, you can recover money. If, however, you are more at fault than the other party, you will not be permitted to recover any money for your pain and suffering. The attorneys at Taylor, Taylor, Cohen & Bowles know how to effectively argue that you are not at fault.
What to Do if You Have Been Hit by a Motor Vehicle in New Jersey
The moments immediately following an accident are some of the most confusing for accident victims. What you say and do (or do not say and do not do) after an accident can make your case harder to prove.
If you are in a motor vehicle accident, the first thing you should do is call 911. Report the accident. Do not move your vehicle until the authorities arrive.
If you are involved in any other type of accident, the first thing you should do is call 911 if you need an ambulance. Next, report the accident to someone. If you fall at a business, fill out an incident report, and make certain that someone from management is aware of your fall.
Tell the truth. Do not minimize any aches or pains that you feel. Get medical assistance as soon as you can.
Call a Taylor, Taylor, Cohen & Bowles attorney as soon as possible so that evidence may be collected and preserved.
If possible, take pictures of the scene of the accident. If you were involved in a car accident, take pictures of the other vehicle’s property damage, license plate, and location of the vehicles. Take pictures, if possible, of any marks on the road, such as skid marks, that may point toward the cause of the accident. If the accident was a slip and fall, pictures of the obstacle that caused the slip and fall should be taken from different angles.
In addition to taking pictures, accident victims should also write down any facts that may be important to showing how the accident happened. For example: witness names and telephone numbers, weather conditions, lighting conditions, etc.
Before contacting any insurance company, accident victims should speak to a Taylor, Taylor, Cohen & Bowles attorney. Our attorneys can advise on what to say, and what not to say, to the insurance company. This is important as any statements made to the insurance company can hurt a future claim. It is also important that you know which insurance to use for payment of your medical bills. This will depend on your particular situation.
How Long Do I Have to File a Pedestrian Accident Claim?
Pedestrian accidents are what is known as personal injury claims. New Jersey has a statute of limitations on personal injury claims. This is the amount of time the accident victim has to file a lawsuit. If you do not file your lawsuit within this time period you will lose all rights to your case.
According to the New Jersey law, the statute of limitations on personal injury claims is two years from the date of the accident or injury. There are exceptions to this rule, however, which may make the deadline much sooner, or much later. It is important that you speak with a Taylor, Taylor, Cohen & Bowles attorney right away to avoid missing any applicable deadlines.
Common Pedestrian Accident Injuries
Pedestrian accidents can result in severe and potentially life-altering injuries, including:
- Fractures – Fractures, or broken bones, are among the most common types of injuries suffered by pedestrians in the event of an accident. Fractures are often incredibly painful. Victims are unable to move a fractured body party without experiencing sharp, excruciating pain. Broken bones can significantly affect your mobility and make it difficult to perform daily tasks.
- Brain injuries – Head and brain injuries typically happen due to the force of impact a motor vehicle will have on a pedestrian. The pedestrian could suffer a concussion if their head hits the vehicle, the road, or another hard object. Depending on the force and severity of the crash, the pedestrian may suffer a traumatic brain injury. These serious injuries often leave victims with disabilities for the rest of their lives.
- Spinal cord injuries – Like a traumatic brain injury, a spinal cord injury can also stem from a sudden, forceful blow. These injuries involve damage to the spine that fractures or dislocates vertebrae and damages the spinal cord. Because the spinal cord transmits signals between the brain and body, damage to this body part can leave the victim paralyzed.
- Soft tissue injuries – If the pedestrian accident causes a sprain or strain, it is referred to as a soft tissue injury. While some injuries may heal completely if properly treated, more severe soft tissue injuries can result in lasting, debilitating pain.
Common Causes of New Jersey Pedestrian Accidents
Pedestrian accidents can happen for a number of reasons. Some of the most common causes of pedestrian accidents include:
- Failure to yield the right of way
- Driver distraction
- Drunk driving
- Unmarked crosswalks
- Vehicle malfunction
- Improper lighting or dark conditions
- Poor road conditions
- Weather conditions
Contact a Taylor, Taylor, Cohen & Bowles New Jersey Pedestrian Accident Lawyer Now
If you have been hurt due to the fault of someone else, we know what a difficult time this is for you. You are not alone. Taylor, Taylor, Cohen & Bowles attorneys are here to help.
Contact Taylor, Taylor, Cohen & Bowles. We are the personal injury attorneys who will fight for your rights and stand by your side – in and out of court.
This is a time when your focus needs to be on your physical and emotional recovery. Let us handle the rest. Contact us today and learn more about how we can help.