Pedestrian Accident Attorneys Monmouth and Ocean County NJ
Injury and Accident Attorneys Proudly serving Old Bridge, Perth Amboy, Red Bank, Long Branch and across Monmouth, Ocean and Middlesex Counties
The National Highway Traffic Association reports that there were 5,977 pedestrians killed in 2017. Accidents involving pedestrians can be caused by cars, trains, construction zone accidents, poor roadway or sidewalk conditions, and other circumstances. The injuries sustained by pedestrians can be disastrous and can leave life-long impacts that are physical, emotional, and financial. If someone negligently caused an accident in which a pedestrian was injured, the party at fault could be liable for the pedestrian’s losses.
What is Negligence?
Negligence is the failure of a person to act as a reasonable person would. The concept of negligence is logical, in that it asks a person to think about what a person should have done, or not done in the given circumstances. Often cars or other motor vehicles are involved in pedestrian accidents in which negligence is an issue. The driver can be held liable for the injuries or death suffered by the pedestrian if it is proven that he breached his duty of care and that he failed to act as a reasonable person would have acted in the same circumstance. Courts determine whether the driver was negligent, thereby entitling the injured party to financial recovery.
For example, perhaps a person is driving in a residential neighborhood. He is late for work and concerned that he will be fired if he does not get there on time. The speed in the residential neighborhood that he must travel through is 25 mph, but the driver decides to go 40 mph. There are various cars parked along both sides of the residential street and, to some degree, the view of the sidewalks are not clear. Next to the cars are sidewalks abutting homes.
As the driver travels at 40 mph, he sees people walking on the sidewalk but is focused on getting to work. About one-quarter of a block ahead there is a crosswalk with which he is familiar. He sees the pedestrians on the sidewalk getting closer to the crosswalk but believes that he can make it past them without stopping to allow them to cross. Unfortunately, the driver is too focused on getting to work and on the other pedestrians on the sidewalk to notice that there is someone already entering the crosswalk. As the person steps out into the crosswalk, the driver fails to see him until the last minute, hits the pedestrian, and kills him.
It is likely that the driver’s actions would be considered negligent for several reasons. One, the driver was speeding at least 15 mph over the residential speed limit, thereby posing a risk of harm to pedestrians. Additionally, the driver knew that the area was residential. He traveled it daily and should have understood that he should proceed with caution. More importantly, the driver sped up and tried to beat the pedestrian to the crosswalk instead of slowing down near the crosswalk. Had the driver been going the posted speed limit, he would have seen the pedestrian that was about to enter the crosswalk and he would have likely stopped.
Precautions That Will Help Avoid Pedestrian Accidents at the Jersey Shore
Not all examples are as clear as the one above. However, the concepts used in the example can be applied to most situations to determine negligence. NHTSA suggests that all drivers take certain precautions when driving as noted below:
- Be aware of your surroundings and look for pedestrians.
- Use extra caution when driving in hard-to-see conditions, such as nighttime or bad weather.
- Slow down near crosswalks and be prepared to stop.
- Yield to pedestrians in crosswalks and stop well back from the cross-walk.
- Never pass vehicles stopped at a crosswalk.
- Do not drive under the influence of alcohol and/or drugs-impaired driving is always dangerous.
- Obey traffic laws and speed limits and lower your speed when near schools, children, or residential areas.
- Exercise extreme caution when backing up.
Perhaps you or someone you love was a pedestrian injured in an accident involving a car or another party who was negligent. If you suffered physical injuries or financial losses due to these injuries, contact our firm.
Auto Accidents and Pedestrian Injury Attorneys Located in West Long Branch NJ
After medical assistance should seek the advice of an experienced attorney in an accident case. If you or someone you know was injured when walking on the street, don´t hesitate in contacting our firm today.
The law firm of Chamlin, Rosen, Uliano & Witherington, counts on attorneys who are fully equipped to guide you if you have been involved in a pedestrian accident in New Jersey, contact us online or call 732-440-3950 for a free consultation and a preliminary assessment of your case.