Filing a Claim After a Pedestrian Accident

  • Dan T. Matrafajlo
  • Fri Mar 2023
  • Pedestrian Accident,
  • 0
pedestrian accident

In 2022, approximately 190 pedestrians were identified as victims of fatal motor vehicle crash accidents in the Garden State, with thousands more injured. As a pedestrian, you can be doing everything right – walking in the cross walk, making sure to look both ways – but a collision can nevertheless happen because of a driver’s negligence or recklessness, which often involves failing to stop or driving distracted.

When a pedestrian accident happens, it can be very traumatic and generally involves serious injuries. You have certain legal rights against the motorist who hit you, and it is best to obtain an experienced New Jersey pedestrian accident attorney to help you get the full compensation you deserve.

Claims Against the Motorist

In most pedestrian involved car accidents, motorists are generally at fault for causing the crash. Pedestrians typically have the right of way and drivers must take every action possible to avoid hitting them. However, just because motorists seem to be at fault for an accident does not mean that their insurance carrier will easily roll over and pay out on the claim filed against them. 

Insurance companies only care about their pocket, not about injured accident victims. As such, they will take every step to avoid paying out or at least reduce their percentage of fault, even when their insured is clearly at fault for the accident. To ensure you get the full compensation that you deserve, it is in your best interest to hire the right attorney to represent you.

Claims Involving Local Municipality 

Depending on the specific facts of your situation, you may also have a valid claim against the local municipality where the accident happened. For example, if a faulty road design or poorly maintained road was a factor in the cause of your accident, you may have a claim against the municipality in control of the road as well.

Government claims are different than claims against third parties. You generally have a much shorter period of time to bring these types of claims. And proving your claim against a government municipality is much more difficult, requiring the assistance of an experienced New Jersey pedestrian accident lawyer who specifically handles these types of claim.

Getting Compensation After a Pedestrian Accident

An aggressive attorney will also know what actions to take to ensure you get the maximum compensation you deserve for your injuries. Depending on the specific facts of your case, you may be entitled to different types of compensation, including but not limited to:  

  • Past and future medical bills
  • Loss of wages
  • Loss of earning capacity
  • Loss of consortium
  • Loss of enjoyment of life

Call a New Jersey Pedestrian Accident Attorney!

If you or someone you know has been injured or wrongfully killed in a pedestrian accident caused by the reckless or negligent actions of another party, an experienced attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today.

Dan T. Matrafajlo

Dan T. Matrafajlo

NJ State Bar #: 031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers' Rising Star list for the past five years, Matrafajlo's litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

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