Who is at fault in a pedestrian vs. car accident?

Posted September 30th, 2014 by .

Categories: Auto Accidents.

car-accident-injury-attorneyLast week’s news had an interesting story about a near fatal crash in North Bergen.  The incident involved an automobile driver and a pedestrian.  Apparently, the driver was stuck in traffic behind a New Jersey Transit bus and decided to go around it.  He ignored the fact that he was on a road with two double lines, indicating a no passing zone.  Meanwhile, a pedestrian decided to cross the street.  He paid no attention to the fact that he was not in a crosswalk.  Unfortunately, the two met in between, when the vehicle struck the pedestrian.  The pedestrian received near fatal injuries.

The police determined that both parties were at fault for the incident.  The driver was issued a summons for careless driving and an improper passing over the double lines.  The pedestrian was also issue a summons for failing to cross at a designated crosswalk.  The pedestrian’s injuries were quite severe, and included several rib fractures, organ damage and a broken leg.  This means that medical bills will start to acquire, as well as the extreme possibility of some permanent damage from the injuries.

What should the pedestrian do in a case like this?  Seek legal counsel such as the Law Offices of Anthony Carbone.  It is important to find an attorney who deals with these types of cases on a regular basis.  The visit to the attorney should happen before the court hearing for the jaywalking summons.  The attorney can become involved in that aspect of the case, as well as the claim for personal injuries.

Why is it important to seek an attorney so soon after the accident?  In determining damages, the courts determine the percentage of liability applied to both parties.  If there is an indication that someone contributed to an accident, this may lessen the award.  The Law Offices of Anthony Carbone will investigate your case to ensure the best possible outcome.  Please contact us for a complimentary consultation.


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