Union County Pedestrian Accident Lawyer

For example, if the injured plaintiff is deemed 20 percent at fault, then their share of the damages is reduced by that amount. In this example, a damage award set at $100,000 would be reduced to $80,000. If the plaintiff’s share of fault is set any higher than 50 percent, no recovery at all is possible. 

What all of this means is that every single percentage point of fault matters in a New Jersey personal injury case. It means your attorney must be diligent in protecting your interests, even in seemingly small details. It also means that plaintiffs should take steps that can protect them, both physically, and in the legal sense. 

Here is how you can protect yourself against some of the most common pedestrian accidents: 

• Use crosswalks and follow traffic signals: Jaywalking or crossing mid-block can weaken your legal case if you’re hit. Drivers have a legal duty to yield to pedestrians in crosswalks, but if you’re outside of a crosswalk, they may argue that you were at fault for the accident.
• Stay alert and limit distractions: Avoid distractions, such as texting or using headphones, while walking near busy roads. A driver may claim you darted out into traffic or failed to notice an oncoming vehicle, especially if you appeared distracted. 
• Wear visible clothing: At night or during poor weather conditions, wearing reflective or brightly colored clothing can help drivers see you. Courts may sympathize with the driver if they believe it was unreasonable to expect the driver to have noticed you. 
• Avoid sudden movements: Acting predictably allows drivers to respond appropriately, reducing accidents and minimizing arguments that your behavior contributed to a crash.
• Document unsafe conditions when possible: If road conditions or driver behavior seem unsafe, document them immediately. Photos or witness testimony showing driver negligence, like speeding or failing to yield, can prove critical in court.