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Walking is one of the simplest, most convenient, and most beneficial forms of exercise for every age group. However, many people spend time walking in urban or public areas where a dangerous motor vehicle accident can occur. With no vehicle or helmet to serve as protection from impacts, pedestrians—especially small children and the elderly—are extremely susceptible to serious injuries when struck by a moving vehicle.
If you were harmed by a moving vehicle while walking to a destination or standing in a public area, consider reaching out to a knowledgeable personal injury attorney. An experienced Evesham Township pedestrian accident lawyer could review your case and formulate a legal strategy designed to assert your rights and help you pursue fair compensation for your suffering.
Common Pedestrian Injuries
According to the National Highway Traffic Safety Administration, nearly 6,000 pedestrians were killed in traffic accidents in 2017. In New Jersey, pedestrian deaths increased 15 percent between 2017 and 2018, and there have been more pedestrian fatalities in the first five months of 2019 than in all of 2018.
When victims survive these incidents, they often suffer injuries such as broken bones, internal bleeding, spinal cord damage, and traumatic brain injuries. Whether they result in temporary pain or permanent disability, these injuries can dramatically impact an injured person’s life, so it is advisable to retain an Evesham Township pedestrian accident attorney as soon as possible after an incident.
Recoverable Damages in a Pedestrian Accident Case
Drivers owe pedestrians a duty to operate their motor vehicles with the level of care that a reasonable person would employ in the same or similar circumstances. Drivers who breach this duty by driving carelessly or recklessly may be held liable if their misconduct causes injuries.
A plaintiff in a successful Evesham Township pedestrian accident lawsuit could be awarded compensation for both economic and non-economic damages. Economic losses may include ambulance travel, hospital and doctor bills, lost wages, nursing care, physical and psychological therapy, and any necessary home or vehicle modifications. Non-economic losses could include physical pain and suffering, mental anguish, and loss of consortium and companionship.
In some cases, New Jersey Revised Statutes §2A:15-5.9 permits a civil court to award punitive damages when an injured plaintiff can establish by clear and convincing evidence that the defendant acted intentionally or with reckless disregard for the high likelihood of harm to others. Punitive damages are intended to punish at-fault defendants for particularly egregious actions and deter people from acting similarly in the future.
Liability and Comparative Fault
All New Jersey courts follow the state’s modified comparative fault doctrine, which permits injured plaintiffs to recover damages even if they were deemed partly responsible for an accident. A court may assign a percentage of fault to an injured plaintiff and reduce his or her compensatory award accordingly.
However, a plaintiff found more than 50 percent responsible for his or her injures would be barred from collecting any damages whatsoever. For these reasons, representation from a skilled pedestrian accident lawyer in Evesham Township can be crucial to your ability to seek financial recovery.
Consult an Evesham Township Pedestrian Accident Attorney Today
If you were injured by a motor vehicle driver while traveling on foot, a dedicated personal injury attorney could assess the facts of your case and determine the most beneficial course of action going forward. Call today to speak to an Evesham Township pedestrian accident lawyer and learn more about your options for pursuing compensation.