According to the CDC, pedestrian deaths are at the highest level in 40 Years. During these past forty years, the prominent personal injury law practice of Nagel Rice, LLP has been protecting the rights of pedestrian victims throughout New Jersey. Now, we continue to dedicate ourselves to bringing them the just compensation they need and deserve.
Pedestrian accidents often involve catastrophic injuries or fatalities, and navigating these cases requires a sharp attorney who understands the intricacies of New Jersey law. With a proven track record of recovering over $1 billion in settlements and favorable verdicts for our clients, Nagel Rice is prepared to stand by you, offering exceptional legal representation and charging no attorney’s fees until we win your case.
Causes of Pedestrian Accidents
Pedestrian accidents occur due to a variety of reasons; sadly, almost all of them are preventable.
Driver Causes
- Distracted driving: tasks like texting, eating, and reaching, that take the driver’s attention off the road for even a brief moment, can put pedestrians at risk.
- Failure to yield: ignoring traffic signals or not yielding to those in crosswalks endangers pedestrians.
- Impaired driving: alcohol or drug impairment interferes with driver ability to perceive dangers and react in time.
- Failure to obey traffic signals puts others on the road at increased risk.
- Speeding greatly shortens reaction time.
Pedestrian Causes:
- Jaywalking: Crossing the street outside designated crosswalks, ignoring traffic signals, or walking between parked cars increases the risk of being hit.
- Distracted walking: Using mobile devices while walking endangers pedestrians and drivers alike.
- Wearing dark clothing: Wearing nonreflective clothing at dusk, in darkness, or in inclement weather can make it much harder for drivers to spot pedestrians.
Who is at high risk for pedestrian accidents?
While anyone can become a pedestrian accident victim, some groups face higher risks, including:
- Children and teens who have smaller stature and a tendency to run into the street or fail to pay attention
- Elderly individuals who may have reduced mobility and slowed reaction time
- Urban dwellers who live in highly populated areas
- Those who live in and walk on poorly lit roads or roads without sidewalks
Severe Injuries Suffered in Pedestrian Accidents
Pedestrian accidents often result in catastrophic injuries due to the size, speed, and weight of the vehicle and the lack of the individual’s protection. These injuries may include:
- Traumatic brain injuries (TBIs) can result in long-term cognitive and physical disability.
- Spinal cord injuries can lead to partial or complete paralysis.
- Fractured bones and neuromuscular injuries can require extended rehabilitation and may lead to ongoing disability.
- Internal bleeding and/or organ damage or loss can be life-threatening.
- Amputations have life-altering consequences.
- PTSD can have an ongoing effect on emotional well-being.
Damages We Will Fight To Recover for Your Losses
The damages we pursue for pedestrian accident victims include compensatory damages for:
- Medical and rehabilitation costs, current and future
- Lost income and loss of earning capacity
- Alterations to make your home accessible
- Replacement services (e.g. house cleaning)
- Psychological counseling
- Pain and suffering, including emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
You can count on our highly capable, lawyers to work tirelessly to bring you the compensation you deserve. If the behavior of the party responsible for your injuries was especially egregious, we will also fight for punitive damages.
Wrongful Death in Pedestrian Accidents
Tragically, many pedestrian accidents result in fatalities. Families grieving the sudden loss of a loved one can file a wrongful death claim to seek compensation for:
- Loss of financial support
- Loss of companionship, care, advice, and guidance
- Loss of household services the deceased was providing
- Medical, funeral, and burial/cremation expenses
Notably, New Jersey law states that only the following family members can sue for wrongful death damages:
- Surviving spouse and children or grandchildren
- Surviving parents
- Surviving siblings, nieces, or nephews
When More Than One Party Is Liable for a Pedestrian Accident When it comes to awarding damages in an accident for which more than one party bears responsibility, New Jersey follows the principle of modified comparative fault. This means that the injured pedestrian can still receive damages even if they were partially to blame for the accident as long as they do not bear more than 50 percent of the fault.
The way it works is that the court examines the evidence and assigns a percentage of blame to each responsible party; the injured individual will receive the awarded damages minus that person’s assigned fault. For instance, if the injured party is assigned 20 percent fault and the awarded damages are $100,000, that person will receive $80,000. As you can imagine, having one of our strong, knowledgeable lawyers advocating for you in such situations is invaluable.
How Nagel Rice Can Help With Your Pedestrian Accident
Nagel Rice provides comprehensive legal and moral support for victims of pedestrian accidents by:
- Evaluating the merits of your case at no cost
- Investigating your case thoroughly by examining police reports and medical records, and interviewing witnesses
- Negotiating with opposing attorneys and insurance companies adjusters to secure a fair out-of-court settlement
- Forcefully representing you in court if a trial is necessary to bring you the maximum compensation you are entitled to receive
Contact Our Experienced Pedestrian Accident Attorneys Today
At Nagel Rice, we understand the devastating consequences of pedestrian accidents and will do everything in our power to ensure that you receive justice. Our legal team’s impressive track record and dedication to client advocacy make us the trusted choice for pedestrian accident cases in New Jersey. If you or a loved one has suffered a serious injury due to a negligent driver, or if you have endured the tragedy of a loved one’s wrongful death, contact us now for a free consultation and let us fight for the future.
Nagel Rice LLP helps its clients with claims throughout New Jersey including Bergen County, Essex County, Middlesex County, Monmouth County, Morris County, Passaic County, and Sussex County. We also represent clients in New York.