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Law Offices of John Morelli
A Personal Injury Firm Serving All Of South Jersey

Pedestrian Accidents

General PhotoWithout warning, pedestrian accidents can often lead to serious life changing injuries. While an accident that occurs in a crosswalk or intersection may be relatively straightforward, injuries that occur in parking lots and on private property can often involve the automobile insurance of the driver, as well as the liability insurance of the property owner.

Driver's Have to Respect and Yield to Pedestrians

When crossing the street or travelling by foot, it is assumed that most drivers on the road will pay attention to your location and whereabouts. It is the law that one must have control over their vehicle at all times, and in accordance with the law, the rights of civilians and pedestrian access must be respected. That means coming to a full stop as people use crosswalks or yielding to walkers when they have the right-a-way.

Pedestrians Have Legal Rights

According to the CDC, in 2010, over 70,000 pedestrians were injured by automobiles and another 4,280 people died as a result of these accidents. But, these aren't just numbers. These are husbands, wives, fathers, mothers and children. When a two-ton car strikes a 150-pound person, that person does not stand a chance against the car's greater mass. The car is going to win every time, and the more careless the driver is, the higher likelihood they end up hitting a pedestrian and injuring them. In the United States, a pedestrian is injured from an automobile on average once every eight minutes. The great majority of these accidents took place in urban areas and at night, when visibility is low and drivers should take greater care in checking their surroundings. Unfortunately, though, even if they saw the person they may not have had the ability to successfully maneuver away as nearly half of all pedestrians involved alcohol.

Dealing with an Accident with an Automobile

But, what happens if you are, say a jogger (with properly illuminated reflectors, should it be night time) and a car strikes you while running? If you do not own a car, you may be entitled for coverage of up to $250,000 medical expenses through the your own auto insurance without regard to fault. Changes in New Jersey's Personal Injury Protection (PIP) coverage no longer provides for pedestrian medical coverage if a driver strikes a pedestrian.

Making an Insurance Claim in New Jersey

Even though the No Fault Act has been in effect in the state of New Jersey since 1972, and was designed to pay medical care in the even of such an incident, the Legislature recently changed the law and took this coverage away from injured persons. That does not mean that you cannot hold the person who struck a pedestrian responsible. After an accident occurs, if it is possible to do so, it is recommended that you take note of the driver's vehicle after a pedestrian accident; make, model, license plate number.

Getting yourself checked out at a hospital or to medical care should be your number one priority following an accident. Even if you are not feeling pain immediately following the accident, sometimes injuries can take longer to make themselves present due to the delicate nature of the spinal cord as well as the muscles and ligaments which surround it.

Contact an Attorney

The Law Offices of John Morelli has been the law firm that victims and their families have been turning to for legal representation for almost 30 years. We use experience, skill and knowledge of personal injury and wrongful death litigation to represent our clients in personal injury and wrongful death claims. Individuals who have suffered injuries in pedestrian accidents in communities throughout New Jersey are often confused about their options to recover monetary compensation for their losses. We are here for you to find financial and emotional relief. We will fight to make sure you will receive the best medical care available, while we negotiate a fair settlement or prepare the evidence for trial.

We have skill and experience to resolve your pedestrian accident injury claim. We are more than trial attorneys, we are your advocates against large insurance companies.

If you or a loved one has been involved in a car accident as a pedestrian and is seeking legal representation, call 856-616-1300 today.

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