Pedestrian Traffic Accidents

How to Handle Pedestrian Traffic Accidents in New Jersey and New York

Pedestrian traffic accidents can have severe physical, emotional, and financial consequences for victims and their families. In New Jersey and New York, understanding the immediate steps to take and legal procedures involved in such accidents is crucial for securing fair compensation. This column provides an overview of how to handle pedestrian traffic accidents in these states and navigate the legal process effectively.

Immediate Actions After the Accident

The first and most important step after an accident is to call the police. Officers will gather statements from the victim and the driver at the scene and prepare a police report that serves as an authoritative document for determining liability.

Additional Steps to Take:
  • Identify Witnesses: If there are witnesses, make sure to record their names and contact information.
  • Document the Scene: Take photos or videos of the accident scene, including vehicle positions, traffic signals, and injuries. These can serve as critical evidence.
New York: Greater Emphasis on Driver Responsibility

In New York, drivers typically bear a higher degree of responsibility in pedestrian traffic accidents. Even if a pedestrian was jaywalking, drivers have a duty to exercise caution and protect pedestrians.

If the driver is found liable for the accident, the driver’s insurance will cover medical expenses and compensation for damages. However, if it is proven that the pedestrian suddenly ran into the roadway, the pedestrian’s share of fault may increase, potentially reducing compensation.

New Jersey: The No-Fault System and PIP Coverage

New Jersey operates under a No-Fault State system. This means that regardless of who is at fault, pedestrians must first rely on their own auto insurance’s Personal Injury Protection (PIP) coverage to cover medical expenses.

Key points include:
  • Your Auto Insurance: If the pedestrian is an insured driver, their PIP coverage will handle medical bills.
  • Family Member’s Insurance: If the pedestrian has no insurance, they can rely on the auto insurance policy of a family member living at the same address.
  • NJ PLIGA: For pedestrians without any auto insurance, the New Jersey Property-Liability Insurance Guaranty Association (NJ PLIGA) provides coverage. Applications must be filed within 180 days of the accident, and missing this deadline may result in denial of benefits.
Statute of Limitations and Additional Legal Requirements
  • Statute of Limitations: In New Jersey, claims must be filed within 2 years of the accident date. In New York, the statute of limitations is 3 years.
  • Government-Owned Vehicles: If the at-fault vehicle belongs to a government entity, you must notify the agency within 90 days of the accident.

Failing to meet these deadlines can result in losing the right to compensation, underscoring the importance of acting promptly and consulting a lawyer.

The Role of an Attorney: Essential for Fair Compensation

Without legal representation, victims may face challenges negotiating with insurance companies, who often undervalue claims. Experienced attorneys can manage evidence collection, liability determination, medical record organization, and negotiations, ensuring maximum compensation for the victim.

Conclusion and Free Consultation

Pedestrian traffic accidents often involve complex legal and procedural issues. At Song Law Firm, our personal injury team specializes in handling cases in New Jersey and New York, advocating for victims’ rights and securing fair compensation.

If you’ve been injured in a pedestrian traffic accident, contact us today at 201-461-0031 or email pi@songlawfirm.com to schedule a free consultation. Let us help you navigate your case and achieve the best possible outcome.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized assistance, contact Song Law Firm at 201-461-0031 or email pi@songlawfirm.com.

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