Pedestrian accidents are a distressingly common occurrence in New York and New Jersey, making up over a quarter of traffic fatalities in both states. These types of accidents can create catastrophic injuries due to the lack of protection pedestrians have in a collision with a motor vehicle.
In a standard pedestrian accident case, the injured party may be able to sue the at-fault driver to recover their losses. However, what if the driver performs a hit-and-run, and the victim cannot identify them? What should you do when the party responsible for your injuries is unknown?
If you have been injured in a hit-and-run pedestrian accident, the attorneys at Nagel Rice LLP want to hear from you. Recovering compensation in a hit-and-run pedestrian accident is difficult but possible with the help of a skilled and experienced attorney. Our firm has over 40 years of experience, and we have recovered over $1 billion for injury victims. You can count on us for professional and effective legal representation.
Why Do Hit-and-Run Accidents Occur?
Fleeing the scene of a car accident is a serious crime and a potential felony in both New York and New Jersey, so it may be hard to understand why someone would run away. Nevertheless, these types of accidents happen frequently.
Some reasons why someone might flee the scene could include:
- The driver panicked and made a split-second decision to drive away rather than stay at the accident scene.
- The driver was drunk or on drugs when they struck the pedestrian and fled due to fear of criminal prosecution.
- The driver had unpaid parking tickets or a suspended license and did not want to encounter law enforcement after the accident.
- The driver does not have insurance and doesn’t have the finances to pay for injuries.
Regardless of why the hit-and-run accident happened, victims need assistance and should not have to bear the consequences alone. The attorneys at Nagel Rice LLP can take on your case and pursue due compensation and justice for your injuries.
How to Recover Compensation in a Hit-and-Run Pedestrian Accident Case
When the guilty party is unknown in a pedestrian hit-and-run case, it can introduce difficulties in recovering compensation, but it is still possible. Injured pedestrians may have several options for pursuing compensation, and you should speak to an attorney about which options would work best in your circumstances.
Personal Injury Protection Coverage
The first option is to submit a claim through your own insurance company. New York and New Jersey are no-fault states for car accidents and require drivers to carry personal injury protection (PIP) coverage. If you own a vehicle and have insurance, your PIP coverage should still apply even if you were not actually in your car when you were injured. PIP coverage should pay for medical expenses and lost wages up to the policy limits, but it will not cover personal losses like pain and suffering.
Uninsured Motorist Coverage
You can also file a claim through an uninsured motorist coverage policy. New York mandates that drivers carry uninsured motorist coverage in case they get into a wreck with an uninsured driver. In New Jersey, if you buy a standard policy, you’ll be required to purchase uninsured motorist coverage. In many cases, you can recover compensation under both your PIP coverage and uninsured motorist coverage if neither policy provides enough coverage individually.
Identify the Driver
Another possible option for hit-and-run victims is to identify the driver who fled the scene. In normal pedestrian accident cases, if the injured party has no PIP coverage available to them, they can file a claim against the at-fault driver’s PIP. Additionally, if the pedestrian sustained serious injuries in the accident, they could file a lawsuit against the at-fault driver for personal losses, such as pain and suffering, loss of enjoyment of life, and disfigurement.
It may be possible to discover the identity of the driver who hurt you by investigating the scene of the accident, observing video recordings or photos of the event, or talking to eyewitnesses. A pedestrian accident attorney can work to find responsible parties and pursue any compensation you deserve from them.
Options for Those With No Insurance
If you don’t have any insurance coverage and cannot identify the at-fault driver, there are still some options to explore. The New York Motor Vehicle Accident Indemnification Corporation (MVAIC) and New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA), through their Unsatisfied Claim and Judgment Fund, provide basic no-fault and uninsured motorist coverage for eligible uninsured victims.
Note that both programs have very strict filing requirements and deadlines, so if you miss them, you won’t be able to recover compensation. A personal injury attorney can help you meet filing requirements and maximize your chances of meeting eligibility criteria.
How Can the Personal Injury Attorneys at Nagel Rice LLP Help?
Pedestrian accidents themselves are bad enough, but when the driver flees the scene after a hit-and-run, it can feel like an insult added to injury. Pursuing compensation might seem like a lost cause if you don’t know the driver. But help is available, and you don’t have to manage alone.
Nagel Rice LLP has a reputation for its client-focused services and fierce advocacy for the injured. We understand the pain a pedestrian accident can bring and will work tirelessly to pursue justice for you so you can have closure and peace of mind. We will do our best to identify the hit-and-run driver, and failing in that, we will work hard to find alternate sources of compensation for your losses.
We are confident in our negotiating skills with insurance companies and will hold them to account if they try to undermine or deny your payments. As skilled litigators, we are also capable of holding our own in a courtroom when representing clients.
Contact a Hit-and-Run Pedestrian Accident Attorney Today
Being in a hit-and-run pedestrian accident doesn’t mean you have no options. Contact Nagel Rice LLP today for a free case consultation, and let’s discuss how we can assist you.
Nagel Rice LLP helps its clients throughout New Jersey, including Roseland, Bergen County, Essex County, Middlesex County, Monmouth County, Morris County, Passaic County, and Sussex County. We also represent clients in New York throughout Manhattan, Queens, Staten Island, Brooklyn, and the Bronx.