Pedestrian Accident Lawyers
Asbury Park Pedestrian Accident Lawyers
Unexpected pedestrian accidents can be especially traumatic, especially when individuals are hit by motor vehicles. With less protection, they are much more vulnerable to severe injuries, followed by long recovery times and significant financial burdens. When these unfortunate incidents occur, it is imperative to have knowledgeable legal representation to advocate for your rights.
The Asbury Park pedestrian accident lawyers at Kitrick, McWeeney & Wells, LLC have considerable experience with pedestrian accidents and provide legal guidance to injured parties. The goals are to protect a client’s rights, design an effective legal strategy, and fight to pursue fair compensation. The clock starts ticking right after the accident, so we recommend certain steps to get the process started.
What Steps Should I Take Immediately After a Pedestrian Accident?
In the aftermath of a pedestrian accident, prompt and appropriate actions are critical.
- Prioritize your health by seeking immediate medical attention, even if injuries appear minor. Some injuries may not manifest symptoms immediately but can have long-term consequences if left untreated. If you do not request ambulance transport to an ER, arrange a medical evaluation as soon as possible.
- Report the incident to local law enforcement. An official police report can serve as a critical piece of evidence in any subsequent legal proceedings.
- Gather information at the scene. Collect contact details of all parties involved, including drivers and witnesses. Photographs of the scene, vehicle positions, traffic signals, and any visible injuries can provide valuable evidence.
Finally, refrain from making statements about fault or discussing the incident with insurance companies before consulting with a legal professional. Our Asbury Park pedestrian accident lawyers at Kitrick, McWeeney & Wells, LLC can guide you through this process, working to protect your interests.
How Is Liability Determined in Pedestrian Accidents?
Determining liability in pedestrian accidents involves analyzing various factors to establish fault. Key considerations include:
- Duty of Care: Both drivers and pedestrians are obligated to exercise reasonable care. Drivers must adhere to traffic laws and remain vigilant, while pedestrians should use crosswalks and obey traffic signals.
- Breach of Duty: Establishing that a party failed to fulfill their duty of care is essential. For instance, a driver running a red light or a pedestrian jaywalking may constitute a breach.
- Causation: It must be demonstrated that the breach directly caused the accident and resulting injuries.
- Damages: Documenting the extent of injuries and financial losses incurred due to the accident is necessary for compensation claims.
The Asbury Park pedestrian accident lawyers at Kitrick, McWeeney & Wells, LLC focus on these four elements to build compelling cases for their clients.
Can a Pedestrian Be at Fault for an Accident?
Yes, a pedestrian can be found partially or fully at fault for an accident, depending on the circumstances. If a pedestrian crosses the street outside of a designated crosswalk, ignores traffic signals, or suddenly steps into traffic without giving a driver time to react, they may bear responsibility.
New Jersey follows a comparative negligence rule, meaning a pedestrian’s compensation may be reduced if they share fault for the accident. If a court determines the pedestrian was more than 50 percent responsible, they may not recover damages. Our Asbury Park legal team can help clarify fault and legal options in these cases based on the available evidence.
What Compensation Is Available for Pedestrian Accident Injuries?
Survivors of pedestrian accidents may be entitled to various forms of compensation, depending on the specifics of the case. Potentially recoverable damages include:
- Medical Expenses: Coverage for current and future medical treatments related to the injury, such as hospital stays, surgeries, rehabilitation, and medications.
- Lost Wages: Compensation for income lost due to the inability to work during recovery, as well as diminished earning capacity if the injury results in long-term or permanent disability.
- Pain and Suffering: Monetary recognition of physical pain and emotional distress experienced as a result of the accident.
- Property Damage: Reimbursement for personal property damaged during the incident, such as clothing or electronic devices.
Calculating these damages requires a thorough assessment of medical records, employment history, and other pertinent documentation. Our Asbury Park pedestrian accident lawyers at Kitrick, McWeeney & Wells, LLC are adept at accurately evaluating claims to pursue fair compensation for their clients.
How Long Do I Have to File a Pedestrian Accident Claim in New Jersey?
In New Jersey, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the incident. Filing a claim after this period may result in the forfeiture of the right to seek compensation.
However, certain circumstances can alter this timeframe. For example, if the claim involves a government entity, specific notice requirements and shorter deadlines may apply. It is best to contact our legal team immediately following a pedestrian accident since evidence and people’s memories may fade with time. Starting the process early is also wise because delays oftentimes affect the timeline.
Why Should I Hire an Asbury Park Pedestrian Accident Lawyer?
Engaging a pedestrian accident lawyer offers several advantages:
- Legal Knowledge: Lawyers possess a comprehensive understanding of personal injury law and applicable state laws. They can interpret relevant statutes and case law to strengthen your claim.
- Investigation and Evidence Gathering: Lawyers have the resources to conduct thorough investigations, including obtaining traffic camera footage, consulting accident reconstruction experts, and interviewing witnesses.
- Negotiation Skills: Experienced lawyers can effectively negotiate with insurance companies to seek fair settlements, countering tactics that aim to minimize payouts.
- Litigation Representation: If a fair settlement cannot be reached, a lawyer can represent you in court, presenting a well-prepared case to pursue favorable verdicts.
The Asbury Park pedestrian accident lawyers at Kitrick, McWeeney & Wells, LLC are committed to providing diligent representation, leveraging their legal acumen to advocate for their clients. We also provide free initial consultations, so you have nothing to lose from calling our office or sending us an email.
Let the Experienced Asbury Park Pedestrian Accident Lawyers at Kitrick, McWeeney & Wells, LLC Fight to Protect Your Rights
If you or a loved one was injured in a pedestrian accident, the Asbury Park pedestrian accident lawyers at Kitrick, McWeeney & Wells, LLC can fight to protect your rights. For a free consultation, call 732-655-3168 or complete our online form. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.
Manasquan, NJ
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Tuesday: 8AM – 5:30PM
Wednesday: 8AM – 5:30PM
Thursday: 8AM – 5:30PM
Friday: 8AM – 5:30PM
Saturday: 8:30AM – 12:30PM
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