Standard Negligence This often means obeying traffic signs and pedestrian controls and staying within designated crosswalks. If a pedestrian fails to act reasonably and causes damage to a car, a motorist could, in theory, sue the pedestrian to recover from the damage, although this rarely happens. New Jersey is known for having an alarmingly high number of pedestrian accidents. Many pedestrian accidents in New Jersey result in fatalities and often involve pedestrians being hit by cars, trucks, or buses.
To be compensated for their injuries, pedestrians can file lawsuits against at-fault drivers. However, many pedestrians don't know that their rights to sue may be limited by applicable car insurance policies. If you've been involved in a pedestrian car accident, one of the first legal issues you'll need to consider is liability. The person at fault (responsible) for the driver or pedestrian in the accident usually has to pay for the damages.
Although the pedestrian was not using the crosswalk, tests showed that the driver should have been able to see the pedestrian from 150 feet away and stop long before hitting her. In Ontario, you would have to sue a pedestrian for damages in a civil lawsuit, and not under the Insurance Act, which limits lawsuits against drivers in car accidents. If The General Insurance denied your pedestrian accident claim, you may still have options to seek the compensation you need for your injuries and damages. Pedestrians who run or jump onto the road, which does not give the driver an opportunity to avoid the pedestrian, or those who may be intoxicated or distracted while walking may have some partial liability in the event of an accident.
Generally speaking, drivers should always stop to see pedestrians at crosswalks, corners, and any other areas marked for pedestrians. First, the pedestrian may be liable for the damages incurred by the driver, and the driver will need to hire a pedestrian accident lawyer to pursue these damages. It's possible to sue a pedestrian for damages in a car accident, but you would have to prove that the pedestrian was negligent and that he wasn't, Hutchinson says. For example, shift workers and truck drivers who often drive odd hours and have demanding schedules risk falling asleep at the wheel and causing a pedestrian accident.
The Superior Court Appellate Division held that the driver was automatically responsible for the accident unless he could prove that some circumstance beyond his control caused the accident. If a pedestrian was at a crosswalk, the driver is almost always considered to be at fault, since the pedestrian has a right of way. In addition, nearly half of pedestrian accidents involve alcohol, either on the part of the pedestrian's driver. An at-fault driver who causes the death of a pedestrian after a car accident can face a wrongful death lawsuit.
In some no-fault states, injured pedestrians with no available self-coverage are covered by the driver's PIP insurance, even if the pedestrian caused the accident. No driver has the right to ignore a pedestrian on the road or to drive in a way that is expected to cause a collision with a pedestrian. Reckless pedestrians can cause a pedestrian accident, but most pedestrian injuries and fatalities result from careless or reckless drivers who don't give way to pedestrians.
