Can I Sue if Someone Hits Me With Their Car?
Posted on: December 18, 2023
Whether driving, walking, or cycling, being struck by a car can be catastrophic. At Ellis Law, we have seen firsthand the devastation families can suffer from reckless and negligent drivers. When you are injured at the hands of someone else, you need compensation for your injuries and pain and suffering. Our New Jersey car accident lawyers can help you seek justice.
New Jersey requires all vehicle owners to carry personal injury protection (PIP) and auto insurance coverage. As a “no-fault” state, you would apply your PIP coverage first, regardless of who caused the accident.
If your expenses exceed your coverage limits, which is common when injuries are serious, you may be entitled to file a personal injury lawsuit against the at-fault driver in certain circumstances. To receive compensation, you must be able to demonstrate that your injuries directly resulted from the other driver’s negligent actions, such as:
- Aggressive or reckless driving
- Distracted driving
- Drowsy driving
- Drunk or drugged driving
- Failure to obey traffic signals or signs
- Speeding
- Tailgating
New Jersey is the most densely populated state in the country. Drivers and pedestrians interact on an almost continual basis. According to the National Highway Traffic Safety Administration, roughly 4,000 pedestrians are struck by cars yearly in New Jersey.
Given the extent of serious injuries or fatalities that arise from car accidents involving pedestrians, personal injury lawsuits are not only common but a necessity to cover expenses and losses exceeding personal insurance coverage.
As with car accidents, you must show that the accident and your injuries resulted from the driver’s negligent actions, such as not yielding to pedestrian traffic in a crosswalk, intersections, and other designated foot traffic areas. These same factors apply if you are also struck by a car while bicycling.
What Injuries Are Common in Pedestrian Car Accidents?
Injuries occur in the majority of car accidents, even minor collisions. Pedestrians and cyclists suffer many of the same injuries when struck by a car, though often considerably more severe. Some of the most common injuries caused by accidents involving vehicles include but are not limited to:
- Back, neck, and spinal cord injuries
- Broken bones, fractures, bruising, and lacerations
- Crushed or severed limbs
- Paralysis
- Psychological trauma
- Traumatic brain injuries
- Whiplash
What Should I Do if I am in a Pedestrian Car Accident?
If you are physically able following an accident, you should do the following:
- Report the accident and injuries to the police.
- Photograph the scene, such as vehicle damage, signage, obstacles, and road and weather conditions.
- Ask witnesses for contact information and statements.
- Seek medical attention as soon as possible.
- Keep all records related to your accident and injuries.
- Report the accident to your insurance company.
- Hire an experienced lawyer.
Do I Need a Lawyer if I am Struck by a Car?
If you have suffered injuries in a car accident or as a pedestrian, hiring an experienced lawyer is in your best interests and can make all the difference in the outcome of your case. Having a skilled lawyer working on your behalf also eases the burden of pursuing your claim so you can focus on your recovery.
At Ellis Law, our seasoned lawyers can investigate the accident, review the police report, interview witnesses, hire experts, work with your medical team regarding your ongoing healthcare needs, and represent you in court if necessary.
New Jersey Car Accident Lawyers at Ellis Law Represent Clients Injured by Negligent and Reckless Drivers
Being hit by a car and suffering injuries can completely upend your life. If you need legal help, call our experienced New Jersey car accident lawyers at Ellis Law at 732-308-0200 or contact us online to schedule a free consultation. Located in Freehold, New Jersey, we serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.
