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Pedestrian Accident FAQ

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Posted on April 27, 2023

What is a pedestrian accident?

A pedestrian accident is an accident involving a vehicle and a pedestrian. Call a Cherry Hill pedestrian accident attorney today!

What causes pedestrian accidents?

Pedestrian accidents are usually caused by driver negligence, such as distracted driving, speeding, or failure to yield to pedestrians.

What should I do if I am involved in a pedestrian accident?

If you are involved in a pedestrian accident, call 911 immediately and seek medical attention.

What are the common injuries sustained in pedestrian accidents?

The common injuries sustained in pedestrian accidents include fractures, traumatic brain injury, spinal cord injury, and internal organ damage.

Can a pedestrian be at fault in a pedestrian accident?

Yes, a pedestrian can be at fault in a pedestrian accident if they were acting negligently or in violation of pedestrian laws. One example is jaywalking.

Can I still file a lawsuit if I was partially at fault for the accident?

Yes, you can still file a lawsuit if you were partially at fault for the accident.

Can I file a lawsuit if the driver fled the scene of the accident?

Yes, you can file a lawsuit if the driver fled the scene of the accident, but your case may be more difficult to prove.

Can family members file a wrongful death lawsuit if their loved one was killed in a pedestrian accident?

Yes, family members can file a wrongful death lawsuit if their loved one was killed in a pedestrian accident.

What damages can be recovered in a wrongful death lawsuit?

Damages that can be recovered in a wrongful death lawsuit include medical expenses, funeral expenses, lost income, and pain and suffering. Speak to a Cherry Hill wrongful death lawyer today.

Can I file a lawsuit if I was hit by a driver who was under the influence of drugs or alcohol?

Yes, you can file a lawsuit if you were hit by a driver who was under the influence of drugs or alcohol.

What is the punishment for a driver who causes a pedestrian accident while under the influence of drugs or alcohol?

The punishment for a driver who causes a pedestrian accident while under the influence of drugs or alcohol includes fines, license suspension, and possibly jail time.

What are the pedestrian laws in NJ?

NJ’s pedestrian laws require pedestrians to use sidewalks when available and to obey traffic signals and crosswalks.

Can I file a lawsuit if I was hit by a car as a pedestrian?

Yes, you can file a lawsuit if you were hit by a car as a pedestrian.

How do I prove negligence in a pedestrian accident case?

To prove negligence in a pedestrian accident case, you must show that the driver breached their duty of care and caused your injuries.

What damages can I recover in a pedestrian accident lawsuit?

You can recover damages for medical expenses, lost wages, pain and suffering, and other expenses related to the accident.

How is fault determined in a pedestrian accident case?

Fault is determined by reviewing the evidence, such as police reports, witness statements, and physical evidence.

Can I file a lawsuit if I was hit in a parking lot as a pedestrian?

Yes, you can file a lawsuit if you were hit in a parking lot as a pedestrian, as long as the driver was at fault.

Do I need an attorney for a pedestrian accident case?

Yes, it is recommended that you hire a personal injury attorney in Cherry Hill for a pedestrian accident case.

What is the role of an attorney in a pedestrian accident case?

An attorney will investigate the accident, gather evidence, negotiate with the insurance company, and represent you in court if necessary.

How are pedestrian accident settlements calculated?

Pedestrian accident settlements are calculated based on the severity of the injuries, medical expenses, and other factors.

What is comparative negligence?

Comparative negligence is a legal principle that allows for the allocation of fault between parties in an accident.

What is the statute of limitations for filing a pedestrian accident lawsuit in NJ?

The statute of limitations for filing a pedestrian accident lawsuit in NJ is two years from the date of the accident.

What is the role of insurance companies in a pedestrian accident case?

Insurance companies will investigate the accident, determine fault, and negotiate a settlement with the victim.

What is the role of police in a pedestrian accident case?

Police will investigate the accident, create a police report, and potentially issue citations to the driver if they were at fault.

What is uninsured/underinsured motorist coverage?

Uninsured/underinsured motorist coverage is an optional type of insurance that protects you if you are hit by an uninsured or underinsured driver.

Can I sue the driver if they do not have insurance?

Yes, you can sue the driver if they do not have insurance.

What is the process for filing a pedestrian accident lawsuit in NJ?

The process for filing a pedestrian accident lawsuit in NJ involves filing a complaint, discovery, settlement negotiations, and trial if necessary.

What damages can be recovered in a pedestrian accident lawsuit against a government entity?

The damages that can be recovered in a pedestrian accident lawsuit against a government entity are typically limited by law and may include medical expenses, lost wages, and pain and suffering.

Can a pedestrian file a lawsuit against a property owner for a pedestrian accident?

Yes, a pedestrian can file a lawsuit against a property owner for a pedestrian accident if the property owner was negligent in maintaining the property in a safe condition.

What is premises liability?

Premises liability is a legal principle that holds property owners responsible for injuries that occur on their property due to their negligence.

What is the duty of care for property owners in NJ?

The duty of care for property owners in NJ requires them to maintain their property in a safe condition and to warn visitors of any potential hazards.

What is the statute of limitations for filing a lawsuit against a property owner for a pedestrian accident in NJ?

The statute of limitations for filing a lawsuit against a property owner for a pedestrian accident in NJ is two years from the date of the accident.

Can I file a lawsuit if I was hit by a bicycle as a pedestrian?

Yes, you can file a lawsuit if you were hit by a bicycle as a pedestrian.

What is the maximum amount of damages I can recover in a pedestrian accident case in NJ?

There is no maximum amount of damages you can recover in a pedestrian accident case in NJ, as damages are based on the individual circumstances of the case.

Can a pedestrian file a lawsuit against a manufacturer for a pedestrian accident?

Yes, a pedestrian can file a lawsuit against a manufacturer for a pedestrian accident if the accident was caused by a defect in the vehicle.

Can I still file a lawsuit if the pedestrian accident occurred outside of NJ?

It depends on the specific circumstances of the accident and the laws of the state where the accident occurred. It is best to consult with an attorney to determine your legal options.

Can I settle my pedestrian accident case outside of court?

Yes, you can settle your pedestrian accident case outside of court through negotiations with the insurance company or through mediation.

What is mediation?

Mediation is a process where a neutral third party helps facilitate negotiations between the parties to reach a settlement.

What is a demand letter?

A demand letter is a letter sent to the insurance company outlining your case and requesting a specific amount of compensation.

How long does a pedestrian accident case take?

The length of a pedestrian accident case can vary, but it can take several months to several years to resolve.

What is the burden of proof in a pedestrian accident case?

The burden of proof in a pedestrian accident case is on the plaintiff, who must prove their case by a preponderance of the evidence.

Can I file a lawsuit on behalf of a deceased loved one who was involved in a pedestrian accident?

Yes, you can file a wrongful death lawsuit on behalf of a deceased loved one who was involved in a pedestrian accident.

What damages can I recover in a wrongful death lawsuit?

You can recover damages for medical expenses, funeral expenses, lost income, and loss of companionship.

What is the role of expert witnesses in a pedestrian accident case?

Expert witnesses can provide testimony regarding liability, damages, and other technical aspects of the case.

Can I file a lawsuit if I was hit by a bicycle as a pedestrian?

Yes, you can file a lawsuit if you were hit by a bicycle as a pedestrian.

What is the difference between compensatory and punitive damages?

Compensatory damages are damages intended to compensate the victim for their losses, while punitive damages are intended to punish the defendant for their conduct.

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