Who is At fault for a Pedestrian Accident

Posted September 5th, 2014 by .

Categories: Personal Injury.

pedestrian-accident-lawyer-anthony-carbone-njYou’re walking across the street when you get hit by a car. You sustain some major injuries and are taking to the hospital. Later, when filing a claim with your insurance company, you learn that the driver insists that he had the right of way and you were the one in the wrong for the accident. Is the driver right? And how does this affect your claim?

Pedestrian accidents have been increasing in recent years. According to the National Highway Traffic Safety Administration, 4,783 pedestrians were killed about 76,000 were injured in traffic accidents in 2012. This is a 6 percent increase from 2011. In New Jersey, there were 156 pedestrian fatalities in 2012, a disturbing number.

After getting into a pedestrian accident, the biggest question is generally who is to blame. It all has to do with negligence. For example, you were crossing the street between two cars when the driver hit you. In this case, you’re the one at fault because you were crossing illegally. If you were at a crosswalk at the time the driver hit you, he/she is responsible since drivers must yield to pedestrians. But there are cases when both driver and pedestrian are at fault. For instance, you were cross the street illegally when you were hit by car that was speeding.

So who pays? Well, in the state of New Jersey if you own a car, then your car insurance will be the one footing the bill. However, if you don’t own a car, then this may be a case for PIP coverage. This is all very complicated and it’s best to speak with an experienced personal injury attorney.

Also keep in mind that most pedestrian accidents happen on either a private property or in a public place such as a parking lot. If you get into an accident on someone else’s property, you may have a case against the owners of the property for not keep the premises safe. Again, this is a question you may want to bring up with your lawyer.

Have you gotten into a car accident? Then you need the Law Offices of Anthony Carbone, PC. For more than 25 years, we have been fighting the insurance companies for our clients. Call us today for a free consultation.

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