Walkers, runners, bicyclists, individuals operating wheelchairs, people on rollerblades or roller skates, and individuals on scooters are all pedestrians. These individuals place themselves at risk each time they travel on a public sidewalk, cross a street, move alongside a dangerous roadway, or cross in front of an automobile’s path. The most common types of pedestrian accidents are being struck by a motor vehicle and sidewalk slip and falls.
Injuries from pedestrian accidents range from broken bones, loss of limbs, and paralysis to internal bleeding and traumatic brain injuries. Each year, almost 200 pedestrians are involved in fatal accidents. By filing a civil lawsuit, injured pedestrians can recover compensatory damages to cover the costs of medical treatment, occupational and physical therapy, rehabilitation, prescription drugs, and lost wages due to an inability to work.
Being Struck by a Motor Vehicle
Pedestrians can be struck by moving vehicles as result of the following types of driver negligence:
- Failing to yield
- Failing to obey traffic signals and rules
- Driving while intoxicated
- Distracted driving
When a driver fails to exercise reasonable care when operating their vehicle, causing an injury to a pedestrian, they may be found liable for negligence. In some cases, state or federal agencies that fail to properly design, construct, maintain, or repair a highway may also face liability for injuries resulting from a pedestrian being struck by a motor vehicle.
Sidewalk Slip and Falls
Another way pedestrians can suffer injury is by slipping or falling on a public sidewalk. When the negligence of another results in a slip and fall accident, the injured pedestrian may be entitled to compensation.
Many sidewalk slip and falls result from negligence in:
- Failing to repair a defective condition
- Failing to remove snow or ice
- Blocking sidewalk access
- Inadequate lighting
- Improper sidewalk maintenance
Potentially responsible parties in sidewalk slip and falls include property owners, tenants, business owners, municipalities, landscapers, and maintenance companies. When potential municipality liability exists, such as a slip and fall on public property, filing a civil lawsuit becomes more complicated. Special notice rules, recovery limits, and filing deadlines often apply. An experienced South Jersey pedestrian accident lawyer can help injured individuals navigate the legal steps necessary to sue a public entity for negligence.
One of the most common issues that arise in pedestrian accident litigation is the extent to which a pedestrian’s own actions may have contributed to the accident. This can occur when a pedestrian fails to use a crosswalk, ignores traffic signals, walks against the flow of traffic, travels while under the influence of drugs or alcohol, or fails to notice posted sidewalk warnings. In those cases, the amount of compensation to which the injured individual is entitled might be reduced to reflect their portion of liability.
Under New Jersey’s comparative negligence law, if the pedestrian is not more than 50 percent at fault for the accident, they will be able to recover a percentage of damages.
South Jersey Pedestrian Accident Lawyers at the D’Amato Law Firm Help Victims Claim the Compensation They Deserve
If you have been injured in an accident, the South Jersey pedestrian accident lawyers at the D’Amato Law Firm can help. We pride ourselves in representing individuals seriously injured in construction, products liability, and motor vehicle collisions. Conveniently located in Egg Harbor Township, New Jersey, we serve clients throughout Atlantic City and South Jersey. Call us today at 609-926-3300 or contact us online for a free consultation.