How to Recover Compensation After a Pedestrian Accident

When a pedestrian is hit by another driver, they may wonder how they’ll get the money they need to pay for their medical treatment and to make up for lost wages or income. A pedestrian who has been injured in an accident with a vehicle may have several options for recovering compensation.

Filing an Insurance Claim

In most cases, an injured pedestrian will file insurance claims to recover money to help with their bills and other expenses and losses. If a pedestrian has their own auto insurance policy, they may be entitled to recover money for medical bills by filing a claim against their own personal injury protection coverage in their policy.

However, most PIP coverages usually are not large enough to pay for all the medical expenses and lost wages that a pedestrian will incur due to injuries they suffered in an accident. When this happens, a pedestrian may be eligible to file a claim against the at-fault driver’s insurance policy. The liable driver’s insurance can help cover any remaining expenses or financial losses that the pedestrian has incurred. And depending on the type of injuries the pedestrian has suffered, they may also be entitled to compensation for non-economic losses like pain and suffering or reduced quality of life. 

Where an at-fault driver does not have liability insurance or where their coverage limits are not enough to fully compensate an injured pedestrian, the pedestrian may be able to turn to their own auto insurance policy again if their policy includes uninsured/underinsured motorist coverage.

Pursuing a Pedestrian Accident Lawsuit

If you cannot recover full compensation through insurance, you may also have the option of filing a lawsuit against the driver or drivers responsible for the accident. Lawsuits in pedestrian accidents are rare, and usually, only occur when the at-fault driver’s or drivers’ insurer(s) dispute liability for the accident or the amount of losses that the pedestrian has incurred due to the accident. 

However, if a pedestrian accident lawsuit becomes necessary, an injured pedestrian should also keep in mind the statute of limitations, which puts a deadline on when a lawsuit must be filed in an injury claim. In New Jersey, pedestrian accident lawsuits typically must be filed within two years of the accident. Filing a suit after the statute of limitations has expired on a claim usually means the case will be dismissed from the court for being untimely. 

How Comparative Negligence Can Affect Compensation in a Pedestrian Accident Claim

In some pedestrian accidents, the pedestrian will bear some responsibility for the accident and their injuries – for example, if a pedestrian was distracted looking at their cell phone and absent-mindedly walked into oncoming traffic, or if a pedestrian was jaywalking. In these circumstances, the compensation that the pedestrian may recover will be determined by New Jersey’s comparative negligence rule. This rule states that an injured party may pursue a claim for compensation so long as they are not more responsible for their injuries than the party or parties that they are seeking compensation from. However, a pedestrian still eligible to pursue a claim under the comparative negligence rule can have their compensation reduced in proportion to their percentage of fault for the accident. 

Contact a Hamilton Township Personal Injury Lawyer to Discuss Your Pedestrian Accident Case in New Jersey

Did you or a loved one sustain serious injuries because of a pedestrian accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Hartman Duff, LLC represent clients injured by pedestrian accidents in Hamilton Township, Ewing Township, Lawrence Township, Princeton, and throughout New Jersey. Call 609-853-5579 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2681 Quakerbridge Rd., Hamilton Township, NJ 08619.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.