Crosswalk Personal Injuries
Dec. 21, 2022
Pedestrians Have The Right Of Way
In New Jersey, pedestrians have the right of way in a crosswalk, whether it is marked or unmarked. This means that drivers are required to yield to pedestrians who are crossing the street in a crosswalk.
However, pedestrians should always be cautious when crossing the street, even when they have the right of way. They should look both ways and make sure that it is safe to cross before stepping into the crosswalk.
In some situations, pedestrians may be required to use a traffic signal or push a button to activate a pedestrian signal before crossing the street. In these cases, pedestrians should follow the signal and wait until they are given the right of way before crossing the street.
It is important for pedestrians to be aware of their rights and responsibilities when crossing the street to ensure their safety. Drivers also have a responsibility to watch for pedestrians and yield to them when they are in a crosswalk.
Suing A Negligent Driver
If you have been struck by a negligent driver while crossing the street in a crosswalk, you may be able to file a personal injury lawsuit against the driver to seek compensation for your damages.
To pursue a personal injury lawsuit, you will need to prove that the driver was negligent and that their negligence caused your injuries. To do this, you will need to gather evidence such as police reports, witness statements, and medical records. You may also need to hire an expert witness, such as an accident reconstruction specialist, to help establish the driver's negligence.
It is important to note that personal injury lawsuits can be complex and time-consuming, and it is generally advisable to seek the assistance of an experienced personal injury attorney. An attorney can help you understand your legal options and guide you through the process of pursuing a lawsuit. They can also negotiate with the driver's insurance company and represent you in court, if necessary.
If you are considering filing a personal injury lawsuit, it is important to act quickly, as there are deadlines for filing these types of claims. It is also advisable to speak with an attorney as soon as possible to ensure that your rights are protected.
Statue Of Limitations
The statute of limitations is the time period within which a person must file a lawsuit seeking damages for a personal injury. In New Jersey, the statute of limitations for personal injury claims is generally two years from the date of the injury. (In New York, the statute of limitations for personal injury claims is generally three years from the date of the injury.)
This means that if you have been injured in an accident and wish to file a personal injury lawsuit, you generally have two years from the date of the accident to do so. If you do not file your lawsuit within this time period, you may be barred from seeking damages.
There are some exceptions to this rule, so it is important to consult with an experienced personal injury attorney to determine the applicable statute of limitations in your case. An attorney can advise you on the specific deadlines that apply to your case and help you ensure that your lawsuit is filed within the required time frame.
It is important to act quickly if you are considering filing a personal injury lawsuit, as the longer you wait, the more difficult it may be to gather evidence and build a strong case. Additionally, the earlier you seek legal counsel, the more time an attorney will have to help you understand your options and pursue a claim for damages.