According to the National Highway Transportation Safety Administration (NHTSA), more than 70,000 pedestrians are injured in motor vehicle accidents each year while approximately 5,000 are killed. Children between the ages of five and nine are most likely to be struck by a vehicle. Not only are children small and difficult to see, but they also act unpredictably and erratically. Many pedestrian accidents are preventable, and often occur when a pedestrian is attempting to cross an intersection and a driver is not paying attention. Poorly maintained roadways or construction and debris that is blocking the pedestrian’s path can lead to an accident. Pedestrian accidents account for two percent of those injured or killed in traffic accidents annually. Pedestrian accidents are among the deadliest kinds of vehicle accidents nationwide. Even a car traveling at a low speed can cause disabling injuries, including spine and brain injuries, to a pedestrian
NJ law protects pedestrians’ rights by requiring that drivers yield to pedestrians at crosswalks and intersections, and remain stopped until a pedestrian has finished crossing. Usually, in the event of an accident, a pedestrian’s primary legal claim will be against a negligent driver. Whenever a pedestrian is hit by a car while crossing in a marked or unmarked crosswalk (at any corner), the driver of the car is usually considered to be at fault. This is because drivers have a legal obligation to keep a proper lookout and avoid hazards in the road, and a pedestrian in these circumstances would generally fall under this rule. When children are around, drivers must be even more cautious. When driving past a school, park, or residential area, drivers may be legally required to exercise an even greater degree of care than they would otherwise.
If you or a loved one have been affected by an accident, call our accident specialist attorneys at 732-514-6635.
