Pedestrian accident claims arise when a pedestrian gets injured in a motor vehicle accident. These claims can be complex, as they often involve multiple parties. They include drivers, pedestrians, and insurance companies.
When involved in an accident, you should understand your options for seeking compensation for your injuries. Reaching out to a lawyer well-versed in local laws will help you with your case. For instance, hiring a New Jersey pedestrian accident attorney will improve your chances of winning if you get hit by a car while walking on a sidewalk in NJ.
The lawyer will help you understand your rights and options for seeking compensation. Meanwhile, here is everything you need to know about pedestrian claim accidents.
Accident Liability
In most cases, drivers are liable for pedestrian accidents. If a driver hits you with their vehicle, they are responsible for any damages resulting from the accident. However, there may be situations where pedestrians are liable for the accident.
If you acted recklessly at the time of the accident, you might be liable for the accident. This could include situations where you ignored traffic signals or crossed the road outside a marked crosswalk. If you are responsible for the accident, it could affect the compensation amount you should get.
If you were not at fault, a lawyer could help you understand the process for determining liability.
Filing a Claim
If you get injured in a pedestrian accident, you can file a claim with the driver’s insurance company to seek compensation for your injuries. This process involves submitting a claim form and providing supporting documentation. This could be in the form of medical records and receipts for any expenses related to the accident.
When completing the claim form and providing documentation, you must be thorough and accurate. The insurers will use this information to determine the compensation you should receive. Also, you should keep copies of all documents related to your claim for your records.
If unsatisfied with the compensation offered, you may file a personal injury lawsuit against the driver. This will involve filing a legal complaint and presenting evidence in court to support your claim. A lawyer can guide your actions and represent you in court if necessary.
Gathering Evidence
Gathering evidence is an essential step in a pedestrian accident claim. The evidence you gather will help in establishing liability for the accident. It is vital to gather as much evidence as possible, as it may be necessary to prove the extent of your damages.
Supporting evidence can be pictures of the accident scene, witness statements, traffic footage, and police records. Also, to help in weighing in for damages caused, you could present your medical records.
A lawyer will help you gather all this evidence while recovering. They will also advise on the best action considering the circumstances of your case.
Statute of Limitations
The statute of limitations helps preserve evidence and ensure both parties’ fairness. Some rules guide the time limit for filing a pedestrian accident claim. These laws vary with each state, but consulting a lawyer could help you understand them.
In New Jersey, the statute of limitation in filing a lawsuit is two years from the injury’s date. However, the limit is two years from their eighteenth birthday for minors. Knowing these laws will help you decide when to file a lawsuit within the deadline.
Compensation
If your claim is accepted, you can receive compensation for your medical expenses, lost wages, and other damages, such as pain and suffering. The payment you deserve will depend on the specifics of your case.
The insurers will also consider the severity of your injuries and their impact on your life. A pedestrian accident attorney will help you negotiate the best compensation for your claim.
Parting Shot
If you get involved in a pedestrian accident, it is vital to understand your options for seeking compensation. This may include filing a claim with the driver’s insurance company or pursuing a personal injury lawsuit.
However, negotiating the claim yourself can result in a smaller compensation offer. Therefore, you should contact a pedestrian accident lawyer to handle your claim. The lawyer will act in your favor, thus guaranteeing a higher payout.
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