Challenging someone’s negligence in civil court doesn’t have to be difficult. In the wake of a pedestrian act, you can cite New Jersey legislation designed to help protect you and your loved ones from undue stress while you’re recovering.
Contending with the complexities of a pedestrian accident isn’t a task you have to take on alone, though. Instead, you can collaborate with a pedestrian accident lawyer in Passaic. Morelli Law Firm can represent you throughout both settlement negotiations and civil trials, depending on which you’d prefer to pursue.
Your Rights as a New Jersey Pedestrian
New Jersey outlines its expectations for its pedestrians in N.J. Stat. §39:4-36. That said, motorists and other parties are required to take particular care when it comes to the care and keeping of individuals not in cars throughout Passaic. This responsibility, known as a duty of care, can help you hold another party accountable for their negligence.
More specifically, if you appropriately used New Jersey crosswalks and were otherwise not violating the law, you can work with an attorney to hold another party accountable for your roadway losses. That said, you may need to submit proof that you were not violating the law when your accident occurred if you want to take civil action.
New Jersey operates on a 50/50 understanding of comparative negligence, as well. A defendant who claims you are more than 50 percent responsible for a pedestrian accident may try to revoke your right to pursue compensation in court. This is where evidence of your roadway responsibility comes in handy – in some cases, it can save your complaint.
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Challenging Another Person’s Negligence in Civil Court
Pedestrian accidents can register as both criminal and civil offenses, depending on the nature of your accident. Those cases that are considered criminal often involve deliberate recklessness or aggressiveness. Those considered civil tend to involve negligence, even if they are no less severe than their cousins.
Examples of negligence that can impact pedestrian safety include:
- Distracted driving
- Violating the speed limit
- Aware of dangerous property damage and failed to warn you
Of course, you need to present evidence alongside your accusation of negligence if you want your claim to hold water. A pedestrian accident attorney in Passaic can gather this evidence on your behalf, all the while better understanding why it is that your accident occurred in the first place.
Filing Criminal and Civil Claims After a Pedestrian Accident
Criminal and civil claims both allow you to respond to the aftermath of a pedestrian accident. When you press criminal charges against another person, however, you request that they serve jail time or face fines. Pressing civil charges allows you to request compensation based on your losses.
You can choose to press both criminal and civil charges against an offending party. In many cases, these simultaneous suits can benefit one another. If, for example, a criminal court finds a motorist guilty of criminal roadway behavior, you can submit that decision to a civil court. A civil court can then use that decision as evidence of roadway negligence.
How to File a Pedestrian Accident Civil Claim
If you want to file a pedestrian accident civil claim in the wake of abrupt losses, you can schedule a case evaluation with an attorney in Passaic. During your initial conversations, you can discuss the circumstances that led to your losses and how you want to address your accident-related concerns.
More specifically, you can discuss the information needed to establish a comprehensive civil claim. In the wake of a pedestrian accident, your claim should include:
- The identity of the party you want to hold accountable for your accident
- Evidence backing your claim
- An elaboration on the duty of care owed to you by parties at the scene of your accident
- An estimate of the compensation owed to you based on economic and non-economic losses
- Evidence establishing those economic and non-economic losses
What to Expect from Your Pedestrian Accident Civil Claim
Pedestrian accident claims are designed to help you take back control after a pedestrian accident. More specifically, these claims help you detail your losses to a judge and request compensation equivalent to your accident’s losses.
So long as a civil court opts to move your complaint forward, you may merit the right to summon the party liable for your losses. This “summoning” allows you to request the party’s presence at settlement negotiations or conversations regarding civil discovery. A defendant who tries to resist their summons can forgo some of the rights they’d otherwise receive in court.
Claims open you up to both negotiations and trials, depending on your ambitions. You can discuss which of these means might best suit your interests with one of our pedestrian accident lawyers in Passaic.
Make Sure You Stay Within New Jersey’s Personal Injury Statute of Limitations
The amount of time in which you may submit a complaint regarding a pedestrian accident is limited. Your complaint must reach a county clerk within two years of the day that your New Jersey pedestrian accident took place. This deadline is established by N.J. Stat. §2A:14-2.
The extent of your damages will not matter if you do not submit your complaint within this deadline. New Jersey courts believe that memories begin to fade beyond legal value after the aforementioned two-year period. Fortunately, you can collaborate with an attorney to make the most of the preparative time allotted to you.
Pedestrian Accident Lawyers Can Ease Your Recovery
If you’re not sure how to proceed in the wake of a pedestrian accident, contact our pedestrian accident attorneys in Passaic. Our team knows how painful the aftermath of these accidents can be and wants to help you pursue the financial support you deserve.
Morelli Law Firm wants to help you file a pedestrian accident claim. To request a case evaluation, you can call our office or reach out to one of our representatives via our website.