Pedestrian accidents can result in serious injuries, leaving victims with medical bills, lost wages, and long-term pain. If you are hit by a vehicle in New Jersey, you have legal rights that protect you and help you recover compensation for your losses. Understanding these rights can make a significant difference in your ability to rebuild after an accident.
Right to seek compensation for damages
As an injured pedestrian, you have the right to pursue compensation from the responsible party. In New Jersey, drivers must carry Personal Injury Protection (PIP) insurance, which may cover your medical expenses, even if you were walking when the accident happened. If your injuries are severe, you may also file a claim against the at-fault driver for additional damages, such as pain and suffering, lost income, and ongoing medical care.
Right to prove driver negligence
To recover damages beyond PIP coverage, you must establish that the driver acted negligently. Common forms of negligence include distracted driving, speeding, failing to yield at a crosswalk, or driving under the influence. New Jersey follows a comparative negligence rule, meaning your compensation may be reduced if you are partially at fault. However, as long as you are less than 50% responsible, you can still recover damages.
Right to legal action against uninsured drivers
If the driver who hit you lacks insurance or flees the scene, you may still have options for compensation. Your own auto insurance policy may include Uninsured/Underinsured Motorist (UM/UIM) coverage, which can help cover medical bills and other expenses. If you do not have auto insurance, other legal avenues, such as a civil lawsuit, may be available to recover damages from the at-fault driver.
Protecting your rights after an accident
Taking the right steps after an accident helps protect your rights. Seeking medical attention, documenting the scene, gathering witness statements, and reporting the accident to law enforcement can strengthen your case. Acting quickly ensures that you preserve important evidence and avoid missing deadlines for legal claims.