What Happens If a Pedestrian Caused an Accident?
Driver negligence contributes to most pedestrian accidents. However, what happens if a pedestrian caused it or is partially responsible? Can they file a claim for damages and be eligible for compensation? Recovering compensation in these cases is more challenging but not impossible. It often depends on several factors, such as how the accident occurred, who was involved, the extent of the losses, and comparative negligence. A skilled NJ pedestrian accident lawyer at Harrell Law Firm can analyze your case and identify your options. Our team looks out for your best interests when handling negotiations with profit-driven insurance companies. Call today for a free consultation.
What Constitutes Pedestrian Negligence?
It’s important to remember that the driver may share responsibility in some pedestrian accidents. For example, a pedestrian may have been jaywalking, but the motorist may have been speeding or distracted. Other instances of pedestrian negligence include:
- Ignoring traffic signal: Includes crossing when the light is red or failing to recognize how drivers will react to light changes, such as a left-turning light.
- Distracted walking: Being preoccupied with a phone, music, or other distractions while crossing the street can lead to accidents.
- Intoxication: Being intoxicated can impair a pedestrian’s judgment and coordination, increasing the likelihood of an accident.
Pedestrians are in a vulnerable position on the road. Their injuries are almost always far more severe. But that doesn’t mean fault for a car-pedestrian accident is always clear-cut.
The Comparative Negligence Act in New Jersey
In New Jersey, The Comparative Negligence Act “permits insurance companies to determine responsibility for an accident in proportion to fault of the involved parties. The insurer will review the facts and investigate then assign a percentage of liability to the parties involved in the accident based on contributing factors.” In addition, it does not dictate procedures for assessing fault and responsibility. The amount of fault is determined on a case-by-case basis.
Determining negligence requires a complex calculation examining several factors, such as whether the driver had a medical emergency or was reacting to an obstacle in the street. Authorities may also consider weather conditions, road conditions, traffic laws, and whether impairment played a role.
Possible Options for Pedestrians Who Are Partially At Fault
If a pedestrian is partially at fault for the accident, their compensation will be reduced. For example, if the court determines they are 30 percent at fault for jaywalking, they would receive 70 percent of a damages award.
Possible sources for compensation in a pedestrian accident:
- No-fault insurance: New Jersey law requires all drivers to carry auto insurance that includes both liability and personal injury protection (PIP) coverages. It covers medical expenses and lost wages. No matter who is at fault, it pays up to policy limits. Injured pedestrians covered under these policies could rely on this for a percentage of their losses and damages.
- Third-party claims: If pedestrians’ injuries exceed their coverage limits, they may file a third-party claim against the driver’s liability insurance. The amount paid out may depend on the limits of the driver’s policy.
- Lawsuit: As with all accidents, pedestrians may file a lawsuit for damages. This is especially likely in cases of gross negligence.
In no-fault insurance states, personal injury lawsuits and third-party claims are generally more difficult to litigate. In most cases in New Jersey, accident victims can file a lawsuit against a negligent party if their injuries meet the serious injury threshold, which can include dismemberment, displaced fractures, and loss of a fetus, among others. An experienced lawyer can help plaintiffs navigate these complexities.
Schedule a Free Consultation with Harrell Law Firm
Hiring an attorney is one of the most critical steps to take after an accident. The next step towards getting the best possible outcome after you’ve been injured as a pedestrian is scheduling a simple and obligation-free consultation. You will meet with Kenneth Harrell, who will help you understand how the law applies to your case and your options for moving forward.
