Are Pedestrians Sometimes at Fault in an Auto Accident?

Under New Jersey’s comparative negligence laws, pedestrians can be partially at fault for vehicle-pedestrian collisions, and the percentage of the pedestrian’s fault for the accident affects how much money, if any, the pedestrian can recover as damages in a lawsuit.

In car accidents where a car or other type of motor vehicle strikes a pedestrian, the pedestrian almost always suffers more severe injuries than any of the occupants of the car. Cars are so big and built of such sturdy material, that even if the car is traveling at a low speed when it strikes the pedestrian, the pedestrian might suffer debilitating injuries, even if the driver and passengers inside the car do not even get a scratch. You might assume that, because of this, it would be easy for injured pedestrians to win personal injury lawsuits against the drivers who struck them with their cars, but things are not always so simple. If you were hit by a car and injured while on foot, a Freehold, New Jersey car accident lawyer can help you recover compensation for the financial losses you incurred because of the accident.

New Jersey’s Comparative Negligence Laws

If you have ever been involved in a car accident in New Jersey, even if it was so minor that no one got injured, you have probably encountered New Jersey’s comparative negligence laws. In other words, the insurance company examined the police report, the statements given to claim adjusters, and other evidence to determine which driver bore what percent of the fault for the accident. How much money the insurance company offered you depended not only on the cost of your vehicle repairs but also on your percentage of responsibility for causing the accident.

A similar rule applies in car accident injury lawsuits. If you are partially at fault in the accident that caused your injuries, you can still sue the other driver, and the court can still award you damages, but it will reduce the amount it awards you according to your share of the fault for the accident. Therefore, you may get some money, but it may not be enough to bring the balance of your medical bills down to zero. Furthermore, because New Jersey is a modified comparative negligence state, if you are more than 50% at fault, the court will not award you any money.

For better or worse, comparative fault applies to pedestrians, too. If you were jaywalking, or if you entered the crosswalk after the “don’t walk” sign came on, this could adversely affect your chances of recovering damages if you sue the driver who hit you. Every situation is unique, so a personal injury lawyer will counsel you on the best course of action in the context of your accident.

Contact Lomurro Law About Pedestrian Accident Cases

A car accident lawyer can help you recover compensation after an accident where a car struck a pedestrian, even if the pedestrian was partially at fault for the accident. Contact Lomurro Law in Freehold, New Jersey to discuss your case.