Pedestrian Accident Lawyer Helping Victims in Bergen and Hudson County
If you have been hurt in a pedestrian accident, your injuries are likely to be serious or even catastrophic. This makes it imperative that you engage the services of a highly skilled pedestrian accident attorney. If you have been involved in such a traumatic event in New Jersey, Levin & Malkin PC is the law practice to contact. For 30 years we have been fighting aggressively, both in and out of the courtroom, to win damages for clients who have suffered serious injuries in pedestrian accidents as well as for the families of individuals who have been tragically lost to wrongful death.
Ways Levin & Malkin Can Win You Compensation for Your Pedestrian Accident
We understand how much pain you are in after your pedestrian accident — not only physical pain, but emotional and financial pain as well. It is difficult enough to recover from physical injuries and mental anguish, but when you are also deluged with medical bills while unable to go back to work, you are suffering cruel and unusual punishment. Don’t worry. We have you covered. We are adept at careful negotiation and vigorous litigation and will make sure that you receive the monetary compensation you deserve, even if the situation is complicated by the responsible party’s lack of insurance, license, or registration or by the fact that the accident was a hit-and-run.
You may not be aware of it, but if you own a vehicle, as part of your required insurance coverage you have “uninsured/underinsured motorists coverage” against which you can make a claim if the driver who hit you is uninsured or has too little insurance to cover your costs. If you are a pedestrian who does not have a car and therefore has no car insurance, we can file a claim for you against the state insurance guarantee fund. Of course, as long as we know the identity of the driver, we can also file a personal injury lawsuit against the individual.
The Risk of Pedestrian Accidents Is Increasing
It’s important to realize that, according to the National Highway Traffic Safety Administration (NHTSA), pedestrian accidents throughout New Jersey and the nation are becoming less and less rare. As a matter of fact, Governors Highway Safety Association statistics show that pedestrian deaths hit an almost 30 year high in 2018. Attributed to more distracted and impaired driving (and walking) and more cars on our roads, these statistics are alarming to everyone.
Reasons for Pedestrian Accidents
Beyond the causes of pedestrian accidents just mentioned — distracted and/or impaired drivers on overcrowded roads — other reasons for pedestrian accidents include:
- Speeding and reckless driving
- Disobeying traffic signs or signals
- Failing to signal a turn
- Disregarding weather conditions
- Driving while sleepy
Poorly lit roads, bad weather conditions, an obstacle or animal in the road, or an automotive defect may also contribute to a pedestrian accident. It should come as no surprise that children and the elderly are most likely to be hit or that almost half of pedestrian accidents involve either a drunk driver or an impaired pedestrian.
Pedestrians Are Not Always Without Blame
As a matter of fact, in many pedestrian accidents the individuals hit bear at least part of the responsibility for the accident by:
- Failing to cross at crosswalks
- Darting in front of a vehicle
- Being intoxicated or high on drugs
- Ignoring traffic signals
- Entering moving traffic while distracted (often by smartphones)
Also, over 70 percent of pedestrian accidents occur between 6 p.m. and 9 p.m. when for much of the year it is dark, and when traffic is generally heavy. No matter who is at fault, of course, the pedestrian, with no metal cage surrounding him, bears the brunt of the collision.
Modified Comparative Fault in New Jersey Applies to Negligence in Pedestrian Accidents
Recognizing that the pedestrian may be partially, or even completely at fault in a pedestrian-vehicle accident, New Jersey works under the principle of comparative fault, assigning a percentage of fault to each party. This means that, if you are found to be partly responsible for the accident, the amount of compensation you receive for your injury will be decreased by your percentage of fault. Thus, if you are awarded $1 million dollars in damages, but are found to be 20 percent at fault, you will receive a total of $800,000.
Furthermore, New Jersey is a “modified” comparative fault state. This means that you will only be awarded damages if you are found to bear 50 percent or less responsibility for the accident. If you are considered to bear even 51 percent, you will receive no recompense at all. Because of the complexity of these rules, and the fact that your conduct, as well as the driver’s, will be assessed by the court, it is essential to have a sharp pedestrian accident attorney to protect and defend you.
The Severity of Pedestrian Injuries
Pedestrians, because they are so vulnerable, are often seriously injured even by cars going at speeds as slow as 10 mph. A car travelling at 30 mph can easily result in a fatality. Pedestrians who survive accidents may have bone fractures, traumatic brain injuries (TBIs), spinal cord injuries or other neuromuscular damage. Victims of pedestrian accidents may have to deal with terrible long-term repercussions, such as amputation, paralysis, loss of vision or hearing, or permanent cognitive impairment. Beyond the physical and emotional pain, victims of pedestrian accidents also have to deal with enormous financial stress due to high medical costs and loss of income.
Contact Our Hackensack Pedestrian Accident Attorney
When you contact our talented pedestrian accident attorneys, we will do everything in our power to win you the damages you deserve for:
- Medical and rehabilitative costs
- Lost income (present and future)
- Pain and suffering
- Long-term care for permanent disability
- Loss of consortium
- Loss of enjoyment of life
- Wrongful death
No matter what the circumstances of your case, nor how awful its details, we promise that you will feel a measure of relief and renewed control once you turn to us. We are well-credentialed professionals with a reputation for doggedly pursuing best outcomes for our clients. Beyond that, we are known to be compassionate individuals as well as talented pedestrian accident attorneys. We know precisely how to help you fight for justice and to collect the substantial damages you are entitled to receive. Contact us now for a consultation regarding your case.