Newark Pedestrian Accident Attorney
As more walkers take to Newark streets, safety remains a critical issue. Pedestrians may not be in a car, but they must still share the road (and sidewalk) with speeding, distracted, drowsy, and impaired drivers. Walking is a healthier alternative to driving. Pedestrians venture out into their communities; they tour historic neighborhoods and walk to work or school. It not only makes people healthier, it also reduces gas consumption. The reduction in fossil fuel use saves personal transportation costs and helps improve air quality.
However, to gain these benefits, many walkers pay an unfortunate price.
Pedestrians are vulnerable to drivers who fail to yield the right of way or simply lose control. When a vehicle collides with a pedestrian or a person using a mobility device, the vulnerable person is usually rushed to the emergency room.
A human body can’t withstand the impact of a 4,000-pound car or a commercial truck that weighs more than 10,000 pounds. The chances are strong that accident victims will deal with serious, catastrophic, or fatal injuries. The vehicle driver often drives away while the injured pedestrian begins the process of managing life-altering circumstances.
If you’re in that situation, Jacoby & Meyers, LLP’s Newark Pedestrian Accident lawyers can help you.
We Believe That Injured Pedestrians Deserve Compensation
At Jacoby & Meyers, LLP, our Newark personal injury lawyers believe that negligent drivers should pay when they injure a pedestrian. Since 1972, we’ve provided the quality legal representation that our injured clients deserve. In resolving complex pedestrian cases, our personal injury attorneys have relied on our legal expertise and practical knowledge of state and local statutes. We’ve understood that when a driver strikes a pedestrian, he or she sometimes shares liability with a vehicle owner, a business, a corporation, or an organization. In our efforts to recover damages for our clients, we demand that all viable parties take responsibility for their actions.
Our attorneys have always been committed to working closely with our clients and their families. We understand that serious, catastrophic, or fatal injuries have the power to change everyone’s lives. Because our legal activities are critical to our clients’ futures, we maintain transparency in everything we do. We’ve established communication and answered questions. We have allowed our clients to have online access to their case files while we work to recover damages on their behalf.
Our Firm’s Results
At Jacoby & Meyers, LLP, we resolve cases through the process that best serves our injured clients. We aggressively negotiate settlements with cooperative insurance companies and defendants. In the past, our attorneys have worked out liability and damage issues through Alternative Dispute Resolution forums, such as mediation. In some cases, we understand that litigation is the right solution. In such situations, we prepare our clients’ cases for trial and confidently present our evidence in the courtroom.
Damages and liability issues vary with each injured person and each accident. We can’t guarantee a particular settlement, but we’ve always promised our clients to produce the best outcome possible. We share our case results to illustrate our commitment to positive outcomes.
- $5.7 million, bus/pedestrian wrongful death, jury verdict: A runaway Brooklyn school bus struck our client’s 8-year daughter and pinned her under its wheel. The bus barely avoided striking the injured girl’s brother. The accident occurred after an 8-year old boy entered the unsecured bus, released the brake, and jumped out as it began to move.
- $2.5 million, auto/pedestrian accident settlement: Our 68-year old client was crossing the street when a 78-year old driver struck him. He sustained leg, knee, and skull fractures, a traumatic brain injury, and memory loss.
- $3.5 million, vehicle accident settlement: Our client sustained a traumatic brain injury after a construction worker fell asleep at the wheel, crossed the median, and struck our client’s vehicle. The driver had just finished working back-to-back construction shifts.
- $2 million, pedestrian premises liability settlement: Our client fell over a piece of plywood that was improperly placed to level a pedestrian barricade. He sustained a dislocated knee, elbow injury, and internal complications. He underwent surgery, which included skin grafting.
You should pursue justice for the mental anguish you suffered at the time of the accident and that you continue to suffer today. To get help with your pedestrian accident claim, CONTACT our Newark office today.
Pedestrian Accidents in New Jersey
As more people choose walking as their preferred mode of transportation, pedestrian injuries and fatalities are rising across the country. As the New Jersey Department of Law and Public Safety explains, seniors, children, and non-English speakers are more vulnerable to injury than other pedestrians. Fortunately, after a rise in fatalities in New Jersey, pedestrian casualties have entered a downward trend.
The injury numbers are still tragic, however. The New Jersey State Police Department has documented 155 pedestrian fatalities in one recent year—only one fatal incident less than what was reported in the previous year’s statistics.
As with states across the country, New Jersey has identified pedestrian casualties as a problem. Each time pedestrians take a walk, they place themselves at risk. If a distracted, speeding, or drunk driver loses control, a pedestrian is often just a few feet away. The pedestrian usually bears the full weight of the impact, and the vehicle driver rarely sustains injuries. For the pedestrian, that usually means a trip to the emergency room while the driver walks away unharmed.
The National Highway Traffic Safety Association and the New Jersey State Police have documented some disheartening statistics.
- Nationally, 6,283 pedestrians died, a 3 percent increase over the previous year.
- NHTSA’s nationwide data shows that, on average, a pedestrian sustained fatal injuries in a vehicle crash every 88 minutes.
- During a three year period, the New Jersey State Police documented 477 pedestrian fatalities.
- Research by the Governor’s Highway Safety Association shows that pedestrian deaths increased nationally by 35 percent in a recent 10-year period.
- 26 percent of the pedestrian fatalities nationwide occurred between 6 a.m. and 8:59 p.m.
- Pedestrian fatality statistics show that 70 percent of the victims were male.
The Most Vulnerable Pedestrians
Seniors and children are the most vulnerable to pedestrian accidents. This shows up both nationally and in New Jersey statistics. The NHTSA’s “Traffic Safety Facts: Pedestrians“ shows that in 19 percent of accident-related fatalities involving children under 14, the child was a pedestrian. Senior pedestrians ages 55 to 79 had the highest fatality rates in New Jersey and nationwide.
Vulnerable Older Pedestrians
The NHTSA suggests that senior pedestrian vulnerability is due, in part, to age-related hearing and vision losses, as well as diminished reflexes and flexibility. Joint stiffness sometimes makes it difficult for a senior to turn his or her head and neck. These issues often prevent an older pedestrian from looking at nearby vehicles to determine if he or she is turning or backing up.
“Increased pedestrian mortality among the elderly,” a New Mexico medical study published at PubMed.gov, explains that injured senior pedestrians who died in the hospital had a “greater susceptibility” to metabolic, infectious, and surgical complications.
Vulnerable Child Pedestrians
When Safe Kids Worldwide assessed school zone safety, it observed 39,000 middle and high school pedestrians and 56,000 drivers while dropping off and picking up children. During its observations, it documented many safety issues. Only four out of 10 schools posted 20 mile per hour speed limits and three out of 10 schools had no marked crosswalks.
Observers found that school drop-off policies made a difference, but only if the schools enforced them. Unfortunately, drivers pulling into school pick-up zones were sometimes distracted by digital devices. Some parents double-parked to drop off children, while others dropped children off in the middle of crosswalks. Some child pedestrians were distracted as well, which made it even more important for adult drivers to exercise caution.
Child pedestrians are frequently injured when walking alone for the following reasons.
- Undeveloped sense of judgment
- Inability to appreciate danger
- Undeveloped peripheral vision
- A false belief that if they can see a car, the car can see them
- Inability to judge vehicle speed and stopping distance
Vulnerable Non-English Speaking Pedestrians
A Journal of Urban Health study (Exploring the Impacts of Safety Culture on Immigrants’ Vulnerability in Non-motorized Crashes) discusses why non-English speaking pedestrians have high accident rates. The authors of the study believe it is due to expectations based on “Safety Culture.” The report speculates that there is a “mismatch” between the safety culture in the immigrant’s home country and the United States. The research detected a pattern of “hypothesized safety.” Immigrant pedestrians expect different driving behaviors than they encounter here, and it’s causing high pedestrian accident rates.
Pedestrian Accident Injuries
When a vehicle strikes a pedestrian or a disabled person using a mobility device, the outcome is usually inevitable. The pedestrian sustains serious, catastrophic, or fatal injuries. If pedestrians live through a crash, they often deal with conditions such as traumatic brain injury, spinal cord injury, or multiple conditions, all of which can affect everything pedestrians’ entire lives.
- Spinal cord trauma
- Full or partial paralysis
- Traumatic brain injury
- Traumatic amputations
- Internal damage
- Nerve damage
- Multiple limb fractures
- Skull fractures
- Multiple lacerations
- Disc and spine injuries
- Severe muscle sprains and strains
Who Is at Fault for a Pedestrian’s Injuries?
Drivers who strike pedestrians are responsible for the injuries that they cause. Liability is based on drivers’ negligent actions and the fact that a pedestrian is more vulnerable than a vehicle. New Jersey statutes also incorporate a driver’s responsibility. Under New Jersey law, drivers have a duty to stop to avoid striking a pedestrian within a marked crosswalk or at an unmarked intersection. Pedestrians also have a duty to exercise care for their own safety when crossing streets.
A driver must comply with the additional duty to exercise care for a pedestrian’s safety, even if the pedestrian is crossing the road at a point where there is no marked crosswalk. If one driver stops to allow a pedestrian to cross a street, any subsequent drivers pulling up behind the first driver must also wait for the pedestrian to cross.
Often, other entities share the driver’s liability. Consider the following:
- Private passenger vehicle accidents: If a driver is operating a vehicle owned by another person, the owner must comply with state financial responsibility laws and provide insurance to cover the damages. An owner is also liable for negligently entrusting a vehicle to a driver with a bad driving history. A manufacturer or service contractor shares the driver’s liability if a vehicle defect or negligent maintenance caused or contributed to an accident.
- Commercial vehicle accidents: When a commercial vehicle is involved in an accident with a pedestrian, the driver’s employer is often a responsible party. An employer has a separate liability issue if the employer hired a driver knowing that he or she had a bad driving history. A manufacturer or maintenance contractor is liable if a vehicle defect or defective maintenance contributed to the accident.
What Damages Does an Injured Person Recover?
Personal injury settlements usually incorporate compensatory damages and general damages. Courts also award punitive damages under specifically defined circumstances.
The compensatory damages portion of a settlement covers actual economic losses. If an injured person is still undergoing treatment when the legal representatives conclude the claim, the settlement or judgment also includes an amount projected to cover future economic losses. Compensatory damages often include:
- Current and future wage losses
- Current and future medical expenses
- Pharmaceutical costs
- Prosthetics and mobility devices
- Physical and psychological therapy
- Scar revision surgery
- Rehabilitation services
- Medical transportation costs
- Household services
- Funeral expenses
General damages pay an injured person for psychological, emotional, and lifestyle losses. Attorneys and courts evaluate these damages based on an injured client’s subjective concerns. General damages often include:
- Pain and suffering
- Anxiety and distress
- Diminished spousal and family relationships
- Inability to perform usual duties
- Loss of bodily functions
- Scarring and disfigurement
- Permanent disabilities
- Reduced life expectancy
New Jersey courts sometimes award punitive damages to punish a defendant. An injured plaintiff must show clear and convincing evidence that a responsible party acted out of malice and with a wanton and willful disregard of persons who foreseeably might be harmed. Courts rarely award punitive damages.
How Do Negligent Parties Defend Themselves?
Despite liability for a pedestrian’s injuries, drivers, their insurance companies, and self-insured companies often try to downplay or dispute liability and damages. Insurance companies sometimes rely on unfair negotiation tactics. When they negotiate, they often present inadequate offers to save dollars on paid claims and maintain low loss ratios.
Insurers and their defense attorneys sometimes use a plaintiff’s lawsuit as an element of their own negotiation strategy. Insurers understand that some plaintiff’s firms have limited resources and might not possess the means to present a well-documented case in court. Insurance companies understand that injured individuals will often settle their cases rather than spend the additional costs required to engage in discovery and trial.
Insurance company attorneys sometimes defend cases to the conclusion to try to pay less than an injured plaintiff demands. Insurance companies often plead traditional defenses with the idea of winning on liability or damage issues. Consider the following potential defenses:
- No negligence: Defendants present evidence to try and prove they weren’t negligent.
- No defect: A plaintiff must prove that a defect or defective workmanship contributed to an accident. If they fail, the manufacturer or maintenance contractor doesn’t pay a judgment.
- Damages: Defendants seek to reduce court judgments by disputing the plaintiff’s damages.
At Jacoby & Meyers, LLP, our personal injury attorneys have always countered creative defense strategies by preparing our cases for negotiation or trial. By the time we’ve sat down at the negotiation table or entered a courtroom, we will have assessed and evaluated our clients’ cases. Our firm has the resources to take our clients’ cases through discovery and trial. We’ve produced excellent outcomes for our clients, because we’ve always been prepared.
Call Our Newark Pedestrian Accident Lawyers Now
If a vehicle injured you or a family member while you were walking in Newark, you must take immediate action. At Jacoby & Meyers, LLP, we’ve recovered millions for our injured clients.
Call us at (973) 643-2707, or complete our online contact form, to request a free case evaluation. Let us see if we can help you.
Newark Pedestrian Accident FAQs: How to Pursue Compensation for Your Damages
Pedestrian accidents are on the rise. Speeding or otherwise careless drivers can cause serious injuries—and possible death—when they strike a pedestrian. If you suffered a catastrophic injury or lost a close loved one due to a negligent driver, you should reach out to an attorney to determine whether you qualify to pursue compensation. The damages you incur can impact you physically, emotionally, and financially.
At Jacoby & Meyers LLP, we fight for the maximum compensation on behalf of all of our clients. Let us help you by contacting us today for a free case evaluation.
Why are pedestrian accidents on the rise?
If you suffered serious injuries or losses due to a pedestrian accident, you are not alone. In fact, pedestrian deaths have increased by more than 50 percent within the past decade.
Among the many of the causes responsible for this increase include:
- Distracted drivers
- Drunk drivers
- Driving too fast for conditions
Reduced visibility due to severe weather or distraction by a text can cause drivers to lose control of their vehicles. Newark drivers must share the road responsibly by using care when around others and obeying traffic laws.
Broad Street in Newark is particularly dangerous for pedestrians. Drivers who fail to use caution, drive recklessly, and cause an accident are generally negligent and responsible for all damages that you sustain in the accident.
Walking is an excellent form of exercise, whether you walk to work or for relaxation. No one should experience a life-changing injury due to drivers who fail to maintain control of their vehicles.
If you or someone you love sustained injuries in a Newark pedestrian accident, a pedestrian accident lawyer from Jacoby & Meyers LLP can help you pursue compensation for your damages.
What common types of injuries do pedestrians suffer?
A collision between a pedestrian and a vehicle is a severely mismatched event due to unequal protection. SUVs are increasingly popular—and particularly dangerous when it comes to pedestrian accidents.
SUVs’ high profile may cause a driver to feel safer yet result in serious harm for a pedestrian.
These injuries can delay or prevent you from returning to the life you had before the accident:
Brain injury. The brain is one of the body’s most essential organs. When it experiences a bump, blow, or jolt, brain function can change dramatically. A traumatic brain injury (TBI) is of particular concern as it forever changes how you manage daily tasks
If a loved one suffered a brain injury due to his or her head striking the hard pavement, your loved one may face permanent brain damage. While you may wish to keep your loved one at home, his or her need for care may require a skilled nursing facility.
If your loved one went for a walk, only to experience serious harm, contact Jacoby & Meyers LLP without delay. Our team is standing by to review your case and to determine the best course of action for you.
The driver responsible for your loved one’s TBI should pay for the costs associated with all necessary medical care. A skilled nursing facility and other related expenses should not be your or your loved one’s responsibility.
Spinal cord injury. Damage to the spinal cord disrupts communication with the brain. Accident victims who suffer a spinal cord injury typically face major life adjustments, such as learning to live with paralysis.
The need for a power chair is something that injured individuals may require throughout their lifetimes. Replacing the chair throughout the years and making additional home modifications adds to your expenses.
Accessible transportation is yet another challenge, as many spinal cord patients deal with frequent re-hospitalizations. Assuring you or your loved one has the equipment and care necessary is why fighting for compensation is crucial for your future.
Broken bones. Multiple bone fractures can gravely affect your life and require a lengthy recovery. The impact of striking a hard service can leave your bones broken in more than one place.
The painful road through multiple surgeries and rehabilitation takes time. Dealing with procedures and securing much-needed rest can leave you with no time to fight for compensation alone
Road rash. Our skin is our body’s largest organ. Severe road rash can tear the skin, resulting in visible bones and leaving you prone to dangerous infections. Ensuring that any road debris, like that of small rocks or dirt, is essential and typically requires immediate medical care.
Internal injuries. The shock of your accident may disguise serious internal injuries. If a doctor diagnosed you with internal bleeding or another type of internal injury, you may face organ damage. Compensation for your internal injuries is just part of the damages that you may want to seek with help from a New Jersey attorney.
The costs associated with these types of injuries can climb as you miss time from work. A catastrophic injury may end your career. These and other major life changes are unfair and demand accountability.
The time for pursuing compensation is short. If you or a loved one suffered serious injuries and want to seek compensation, you must act quickly. Contact Jacoby & Meyers LLP today regarding your Newark pedestrian accident.
What if the driver fled the scene of my accident?
A driver may flee the scene of an accident for a variety of reasons. A warrant or fear of receiving a driving under the influence (DUI) charge may lead a driver to leave the scene.
Failing to render aid is inexcusable—and illegal. Newark drivers who fail to remain at the scene of an accident face significant fines and possible jail time. The criminal offense of fleeing the scene only happens if and when police find the driver. Pursuing a civil case for your accident injuries or the death of a loved one is your right, regardless of any criminal charges that the government may pursue.
If the driver is not located, dealing with your own insurance company may prove challenging. Your insurance company may refuse to honor the very policy that it sold to you.
A hit-and-run accident is complex when it comes to seeking compensation for your damages. A Newark pedestrian accident lawyer from Jacoby & Meyers LLP can review your case and determine the best course of action for you.
The damages you suffered from a driver who fled the scene can leave you facing financial hardship. This is unfair and worthy of a fight for compensation for the full cost of your or your loved one’s injuries.
Is it possible to sue for wrongful death if my loved one dies in a Newark pedestrian accident?
If your loved one dies due to injuries suffered in a pedestrian accident in Newark, the negligent party may face liability for your loss. Wrongful death cases are complex and difficult to manage alone.
An attorney can help determine if your relationship with the decedent qualifies you to pursue a civil case. A surviving spouse and children are among the top family members who may seek compensation. To ensure that your relationship qualifies you to fight for compensation, it is best to discuss your case with an attorney today.
The damages that result from a loved one’s untimely death can create a financial crisis for those left behind. The loss of income, sudden funeral expenses, and your uncertain financial future can result in sleepless nights.
Discussing your case with a member of our team may help to ease your anxiety. The future is impossible to predict; however, preparing for it is necessary to ensure that you have the funds you need to move forward.
One special concern associated with the death of a loved one includes the non-economic damage of your loss. If you lost your spouse, you may miss out on companionship and support with your children.
These types of losses are hard to assign a dollar value. A wrongful death attorney from Jacoby & Meyers LLP will listen to you and learn from you as you share about your loved one. Your attorney will then use this knowledge to build your compensation case.
Negotiating with an insurance company or presenting a case before a jury requires special skills. There is generally no second chance to fight for compensation. Ensuring that your case has the best chance at a favorable outcome is where we can help you.
Money cannot replace your loved one; it may, however, help ease your financial stress. To learn more about how we can help you, contact us today.
Can I pursue justice on my own?
No. Legal matters require special attention to detail. If you pursue a civil case on your own, you must dedicate an enormous amount of time and effort to the process. When you are seriously injured or grieving, this is virtually impossible.
One misstep can derail your pursuit of compensation. A pedestrian accident or wrongful death attorney can help guide your steps so that you do not miss out on your opportunity to recover compensation.
With an attorney leading the way, you can remain informed yet uninvolved with the legal jargon that may confuse you. Your pedestrian accident was traumatic enough; allow a member of our team to help you.
An insurance adjuster may inform you that you do not need an attorney. This individual’s goal is to close your claim quickly and for the least amount of money possible. This is unacceptable, and we can hold insurance companies accountable for the compensation that they owe you.
If you accept a settlement offer without an attorney present, you cannot pursue more legal action later. This can present a serious problem if you develop complications from your pedestrian accident injuries.
Signing and accepting a settlement offer close your claim. While the amount that the company offers you may seem like a large sum, it most likely will not sustain your financial needs.
Planning for your future is vital for your emotional, physical, and financial well-being. Give the details of your case to us. At Jacoby & Meyers LLP, we work hard to secure the best outcome possible from your civil case.
Jacoby & Meyers LLP: Helping Newark Pedestrians Take Action
The long-term effects of your pedestrian accident can significantly impact your quality of life. The changes with your relationships and the loss of a career you worked hard to build are all unfair challenges.
At Jacoby & Meyers LLP, our work with Newark accident victims affords us the experience necessary to represent you. When it comes to negotiating with insurance companies, we do not back down. If we find the insurance company reluctant to pay our clients compensation to cover the full cost of their injuries, we will take their cases to court.
Time is of the utmost importance due to the statute of limitations. New Jersey law generally allows pedestrian accident and wrongful death victims to pursue a lawsuit within two years. The two-year period begins the moment you or your loved one suffers an injury.
Two years is not much time when you are in pain or mourning. If you miss the opportunity to pursue compensation, you may not start over and try again.
We want to help you avoid missing this important opportunity. You have a legal right to fight for compensation for your damages, and a member of our legal team can lead the way.
At Jacoby & Meyers LLP, we believe Newark residents and visitors have the right to walk without fear of injury or death. When such a tragedy occurs, we firmly fight on behalf of accident victims while they recover and/or grieve.
With nearly 50 years of experience, Jacoby & Meyers LLP has a long-standing tradition of helping victims seek justice. A court may drop criminal charges against the driver responsible for your accident injuries. If the court keeps the charges, and the driver faces conviction, this form of justice—while important—does not pay your medical bills, lost wages, or for your pain and suffering.
You should pursue justice for the mental anguish you suffered at the time of the accident and that you continue to suffer today. To get help with your pedestrian accident or wrongful death claim and lawsuit, contact our Newark office today.
550 Broad Street suite 608
Newark NJ 07102